Civil Litigation and Evidence
Civil Litigation and Evidence tests whether you can run a claim through the procedural timeline and apply evidence rules at the point they matter. The exam favours practical decisions: which step, which sanction, which application.
Core rules and sequencing
- Pre-action: comply with the relevant pre-action protocol, retain correspondence, consider ADR, and check limitation before issue.
- Statements of case must plead material facts, not evidence (CPR 16.4 and PD 16). Particulars of claim need a coherent cause of action and the relief sought.
- Case management: allocation, directions, disclosure (CPR 31), witness statements and expert permission. Relief from sanctions under CPR 3.9 is structured, not a soft discretion.
- Part 36: an offer must be in writing, specify a period for acceptance, and be genuine. Costs and enhanced interest consequences follow if it is beaten.
- Evidence: relevance and admissibility first; civil hearsay is admissible but its weight varies; burden and standard are balance of probabilities; privilege can justify withholding disclosure.
Worked example
A claimant serves particulars alleging only that 'the defendant was negligent' after a road collision, without pleading speed, position, or breach. The defendant applies to strike out under CPR 3.4(2)(a). The court asks whether the statement discloses reasonable grounds for bringing the claim. It does not, because the material facts are missing. Immediate strike-out is not automatic: the defect is curable, and the overriding objective may favour amendment with costs. If an unless order is later breached, the sanction bites; relief requires the CPR 3.9 factors to be addressed.
Traps
Pleading evidence rather than facts; missing limitation; treating disclosure as a fishing expedition; ignoring Part 36 costs consequences; assuming civil hearsay is inadmissible.
Key points
- Plead material facts and coherent relief.
- Check limitation and pre-action compliance early.
- Use CPR 3.9 factors for relief from sanctions.
- Part 36 has costs and interest consequences.
- Civil hearsay is admissible but weight varies.