CVLE Barrister Vocational Examination key terms

The formal documents in civil proceedings, such as particulars of claim and defence, that set out each party's factual and legal contentions and define the issues the court will decide.

The claimant's concise statement of the material facts relied on, the remedy sought, and the legal basis of the claim, which must comply with the Civil Procedure Rules and disclose a reasonable cause of action.

An order requiring a party to comply with a specified step by a stated date, failing which the claim, defence, or specified part is struck out automatically without further hearing.

The court's power to excuse a party from a sanction imposed for non-compliance with a rule, practice direction, or order, applying the three-stage test of seriousness, explanation, and whether justice can be done.

A court order dismissing all or part of a statement of case because it discloses no reasonable grounds, is an abuse of process, or shows a failure to comply with rules or orders.

A procedure allowing the court to decide a claim or issue without trial where the claimant has no real prospect of success or the defendant has no real prospect of defending and there is no other compelling reason for trial.

The threshold used in summary judgment and strike-out applications, meaning a claim or defence that is more than merely arguable and carries some degree of conviction, judged without conducting a mini-trial.

A formal settlement offer made under Part 36 of the Civil Procedure Rules which, if not accepted and the offeror obtains a more advantageous result, carries automatic costs and interest consequences for the offeree.

A settlement offer expressed 'without prejudice save as to costs' that is not governed by Part 36 but may be shown to the court after judgment when deciding costs, typically as an alternative where Part 36 is unavailable.

A label applied to settlement correspondence that keeps the communication inadmissible on liability but permits the court to see it when exercising its discretion on costs after the substantive issues are determined.

The mandatory process in multi-track litigation by which each party files and exchanges a detailed budget of future costs, which the court approves and thereafter generally treats as a cap on recoverable costs.

The Civil Procedure Rules track for claims generally exceeding 25,000 pounds or involving complex facts or law, subject to case management by a judge, costs budgeting, and a fuller trial procedure.

A hearing at which the court gives directions on the future conduct of civil proceedings, including timetables for statements of case, disclosure, expert evidence, and the trial window.

The obligation in civil proceedings to state the existence of documents relevant to the issues, including adverse documents, so that the other parties may inspect and rely on them.

A right to withhold a document or information from disclosure or evidence, including legal advice privilege, litigation privilege, and without prejudice communications, protecting confidential communications made for legal proceedings.

A written signed statement of a witness's evidence in chief, served in accordance with court directions, which stands as the witness's evidence unless the court orders otherwise and which must comply with formal requirements.

An out-of-court statement relied on as evidence of the truth of its contents; in civil proceedings it is generally admissible but its weight and any notice requirements are governed by the rules.

The paginated, indexed file of pleadings, witness statements, expert reports, documents, and authorities prepared for the trial, usually lodged by the claimant in accordance with directions.

The formal criminal charge document containing counts that allege the offence, the statement of offence, and particulars of the conduct, on which the defendant is arraigned and tried in the Crown Court.

The Crown Court procedure in which the defendant is called to the dock, the indictment is read, and the defendant is asked to plead guilty or not guilty to each count.

The first Crown Court hearing at which the defendant is arraigned, the plea is taken, and the court gives directions for trial preparation and lists the trial date.

Evidence of a defendant's or witness's misconduct or disposition that is generally inadmissible unless a statutory gateway applies, such as propensity, important explanatory evidence, or correction of a false impression.

A tendency to behave in a particular way, relied on as bad character evidence; for a defendant it requires the court to be satisfied that it is relevant and that admitting it is just.

An application to exclude prosecution evidence on the ground that admitting it would have such an adverse effect on the fairness of the proceedings that the court ought not to admit it.

The court's power to refuse to admit evidence, whether under the fairness discretion, a statutory exclusion, or a rule such as hearsay or confession exclusion, so that the fact-finder does not hear it.

A ground for staying proceedings where a fair trial is impossible or where it would be unfair to try the defendant because of delay, manipulation, or misuse of the court's process.

The prosecution's duty to disclose to the defence material that may undermine its case or assist the defence, and the defence's duty to serve a defence statement in Crown Court proceedings.

A written statement served by the defence in Crown Court proceedings setting out the nature of the defence, the matters of fact in dispute, and the reasons for any challenge to the prosecution case.

The stage of a trial in which a party questions its own witness to elicit evidence supporting its case, using open questions and avoiding leading questions except on formal or undisputed matters.

The questioning of an opposing party's witness, using leading and probing questions to test accuracy, credit, and consistency, and to put the cross-examiner's case fairly to the witness.

Questioning of a witness by the party who called them after cross-examination, limited to matters arising out of cross-examination and to repairing damage, and conducted without leading questions.

A question that suggests the answer or assumes a fact in dispute; generally impermissible in examination-in-chief but permitted in cross-examination and on formal or uncontested matters.

A concise written outline of a party's submissions, identifying the issues, the propositions advanced, the authorities relied on, and the order sought, served before and used at an advocacy hearing.

The spoken advocacy presented to the court, structured around the issues in the case, in which counsel identifies the order sought, develops the argument, and responds to the judge's questions.

The statutes, regulations, and case law relied on in argument, which must be cited accurately, provided to the court and opponent in advance, and distinguished where they do not support the proposition advanced.

A situation where a barrister's duties to one client, or personal or financial interests, risk materially affecting the representation of another client, which must be identified and generally declined or managed.

The professional duty to keep a client's information secret, which continues after the retainer ends and may only be disclosed with consent or as required or permitted by law.

The core professional obligation of a self-employed barrister to accept any instructions in a field in which they practise, provided they are competent, available, and appropriately remunerated, subject to limited exceptions.

The professional requirement that a barrister only accept instructions and conduct work for which they have sufficient knowledge, skill, and experience, or can acquire it with proper preparation.

The overriding professional obligation to act with independence and honesty in the administration of justice, which may require counsel to decline to advance a case or submission that is misleading or unsupported.

The client's right to withhold confidential communications with legal advisers made for the purpose of obtaining legal advice or in contemplation of litigation, which belongs to the client and cannot be waived by the lawyer.

A written opinion assessing the strengths and weaknesses of a case, the applicable law, the evidence, and the likely outcome, together with a recommended strategy and any further steps needed.

The professional skill of producing a clear, structured written advice that answers the instructed question, applies the law to the facts, addresses both sides, and gives practical recommendations.

The systematic identification of the issues, the material facts, the evidence available and missing, the applicable legal principles, and the realistic strengths and risks of each party's position.

A contemporaneous written record of a client conference or hearing, noting those present, the advice given, the client's instructions, and the agreed next steps, which supports the file and protects against later dispute.

The structured process of obtaining the client's account, identifying the legal issues and objectives, advising on options, and agreeing a plan, using open questions and active listening.

The advocacy and communication techniques used when meeting a client or professional client, including preparation, agenda-setting, explaining advice clearly, testing the evidence, and confirming instructions.

The skill of producing precise legal documents, such as pleadings, applications, and orders, that state the material facts and relief sought clearly and comply with the applicable procedural rules.