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  • 2022 LPC Civlit lg01 d1 (Clog)

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    This document provides an overview grid of the key stages and considerations for civil litigation in England and Wales in 2022. It outlines the initial steps such as funding options, limitation periods, and pre-action protocols. It then covers the stages of issuing claims, serving documents, filing defenses, and making additional claims if needed. Finally, it discusses allocation of claims to different tracks and the court rules around directions, costs, and case management procedures.

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    This document provides an overview grid of the key stages and considerations for civil litigation in England and Wales in 2022. It outlines the initial steps such as funding options, limitation periods, and pre-action protocols. It then covers the stages of issuing claims, serving documents, filing defenses, and making additional claims if needed. Finally, it discusses allocation of claims to different tracks and the court rules around directions, costs, and case management procedures.

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    12 views2 pages

    2022 LPC Civlit lg01 d1 (Clog)

    Uploaded by

    Anastasius Rostami
    This document provides an overview grid of the key stages and considerations for civil litigation in England and Wales in 2022. It outlines the initial steps such as funding options, limitation periods, and pre-action protocols. It then covers the stages of issuing claims, serving documents, filing defenses, and making additional claims if needed. Finally, it discusses allocation of claims to different tracks and the court rules around directions, costs, and case management procedures.

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    of 2

    LPC CIVIL LITGATION OVERVIEW GRID 2022

    Notes
    Anytime Stage Detail CPR/ PD/ Statutory Provision/ Other legal reference
    First steps Cause of action egs - contract? negligence?
    PART 36 OFFERS
    nuisance? breach of statutory duty?
    Claimant or Defendant Funding Private
    Insurance - BEI or AEI
    Costs consequences of Conditional Fee Agreement or Damages Based Agreement
    acceptance of No legal aid available for claims covered on this course
    Part 36 offer - CPR 36.13 PCR Client care - Code for Solicitors paras 8.6 and 8.7
    Conflict and confidentiality – Code for Solicitors para 6
    Cost consequences of Part 36 Court proceedings - Code for Solicitors para 2
    offer following judgment - CPR Limitation Limitation periods - see White Book online, section 8
    36.17 Contract - 6 years - s.5 Limitation Act 1980 (LA)
    Tort (not personal injury cases) - 6 years - s.2 LA
    Tort (personal injury cases) - 3 years - s.11(4) LA. Time
    does not run if C is under a disability - s.28 LA
    Accrual of cause of action - contract - date of breach
    tort - date of damage
    Date of knowledge in PI claims - s.14 LA

    Pre-action procedure Which protocol? Personal injury protocols for PI claims, low value RTA
    claims, EL/PL claims
    Debt protocol if business claiming debt from an individual
    If no special protocol - PD-PAC
    Early notification CNF low value protocols para 6.1, PI protocol para 3
    Letter of claim PI protocol paras 5.1-3, Annex B1, debt protocol para 3,
    PD-PAC para 6(a)
    Acknowledgment PI protocol para 6.2 - 21 days
    Investigations and reply PI protocol para 6.3-6, B2 - 3 months, debt protocol para 4
    – 30 days, PD-PAC para 6(b)
    Disclosure PI protocol para 7.1, Annex C, debt protocol para 5
    Experts PI protocol para 7.2-11, Annex D
    ADR/Settlement PI protocol paras 8-10, debt protocol para 6, PD-PAC paras
    8-11
    Taking stock PI protocol para 11, debt protocol para 8, PD-PAC para 12

    COSTS OF PROCEEDINGS Issue Which court? PD 7A.2. See PD 51ZB for DCP
    General rules Claim form Form N1. CPR 7.2 and PD 7A, CPR 16.2, 16.3, PD 16.2
    CPR and PD 44 Particulars of claim CPR 7.4 and CPR 16.4 and PD 16.3-9
    Assessment of costs – Fees In Civil Proceedings Fees Order 2008
    Manual 14.3 See EX50 or White Book online, section 10
    Service Time for service Claim form - C to complete required step within 4 months of
    issue - CPR 7.5.1
    Methods of service Claim form - CPR 6.3, other documents - 6.20
    Deemed service dates Claim form - CPR 6.14, other documents - 6.26
    Acknowledgment of service CPR and PD 10
    Time for service of defence CPR 15.4
    Content of Defence CPR 16.5, PD 16 paras 10-12
    Judgment in default CPR and PD 12
    Setting aside judgment in default CPR 13

    676826741.docx 1/2 © City, University of London 2021


    Notes CPR/ PD/ Statutory Provision/ Other legal reference
    Anytime Stage Detail
    Additional claims Counterclaims/other claims by the CPR and PD 20
    defendant against a third party
    Allocation Notice of proposed allocation CPR 26.3(1)
    Directions questionnaires CPR 26.3, Form N181
    Scope of each track CPR 26.6
    Small claims track CPR and PD 27
    Fast track CPR and PD 28
    Multi-track CPR and PD 29 costs management - CPR 3.12-18
    Directions on the fast track Standard directions CPR 28.3, PD 28.3.12 & Appendix
    Case management timetable CPR 28.4.1
    Sanctions for non-compliance CPR 3 I Case Management and PD 3A
    Reply to defence CPR 15.8

    Amendments CPR and PD 17


    Obtaining further information CPR and PD 18
    Costs of interim applications - Interim applications Applications generally CPR 23 and PD 23A, Form N244
    Common costs orders - PD 44.4.2 Specific applications - See the relevant Rule/PD
    Manual 10.3.3 Summary judgment CPR and PD 24
    Interim payment CPR 25.6-7, PD 25B

    Disclosure Standard disclosure CPR 31.5-11, PD 31A.1-4, Form N265


    Specific disclosure CPR 31.12, PD 31A.5

    Witness statements/evidence Exchange Written statements of evidence to be given orally to be


    exchanged pursuant to directions - CPR 32.2, 32.4
    Form and content of statements CPR 32.8 and PD 32 paras 17-25
    Statement of truth required - PD 32.20, PD 22.1.1(c)
    Hearsay S.1(2)(a) Civil Evidence Act 1995, CPR 33.2, Manual 12.9

    Experts Overriding duty to the court CPR 35.3


    Expert's declaration CPR 35.10. Form of statement of truth - PD 35.3.3
    Content of report CPR 35.10, PD 35.3. Evidence given in written report
    unless court directs otherwise - CPR 35.5
    Questions/discussions CPR 35.6, PD 35.6/CPR 35.12 and PD 35.9
    Cost/proportionality Overriding objective and CPR 35.1, PD 35.1, CPR 35.4,
    35.7

    Listing for trial Pre-trial checklist CPR 28.5, PD 28.6, Form N170

    Trial preparations Witness summonses CPR 34.1-7, PD 34 1-3


    Trial bundles CPR 39.5, PD 32.27.5
    Assessment of costs Fixed recoverable costs CPR 45
    Summary and detailed Summary - PD 44.9, Forms N260
    assessment procedures Detailed - CPR 47
    Enforcement of money General rules - CPR & PD 70
    judgments Third party debt order – CPR 72
    Charging order – CPR 73
    Taking control of goods – CPR 83
    Attachment of earnings – CPR 89

    Appeals CPR 52 and PD 52A, Form N161

    © City, University of London 2022 2/2 676826741.docx

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