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BVC Civil Procedure

Learn the basics of civil procedure in English law, including the Civil Procedure Rules, court jurisdictions, and the roles of different judges. Explore the White Book, Green Book, and other essential resources.

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BVC Civil Procedure

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  1. BVC Civil Procedure An Introduction to Civil Procedure

  2. Books • The White Book (Sweet & Maxwell) • The Green Book (Butterworths) • Sime (OUP) • O’Hare and Browne (Sweet and Maxwell) • Blackstone’s Civil Practice (OUP) • Civil Litigation In Practice (NLP)

  3. What Is Civil Procedure? • The system used to sue (“bring claims”) in English Law • How tort and contract law works in practice • Governed by the Civil Procedure Rules (CPR)

  4. What are the CPR? • “to deal with cases justly (CPR 1.1) • Rules - Overriding objective (CPR 1) • Application and interpretation (CPR 2) • Practice Directions (PDs) • Pre Action Protocols • Glossary • Schedules (Old Rules)

  5. Costs • General rule - CPR 44.3(2) (a)“the unsuccessful party will be ordered to pay the costs of the successful party but (b) the court may make a different order” • Various circumstances will be taken into account - in particular compliance with Pre Action Protocols

  6. The Courts • House of Lords (appellate court) • Court of Appeal (appellate court) • High Court (including the Specialist Courts) • County Courts - Civil Trial Centres County Courts - Feeder Courts • See White Book Volume 2 Section 11

  7. Which Court? • High Court and County Courts Jurisdiction Order 1991(White Book Section 9) • Money claims for £15,000 or less must be commenced in a county court. • Money claims of more than £15,000 may be commenced in the High Court. • Personal injury claims for less than £50,000 must be commenced in a county court.

  8. Which Court? • Personal injury claims for £50k or more may be commenced in the High Court. Clinical negligence claims do not fall within this bracket. Rather the ordinary £15,000 threshold applies • Some orders can only be made by the High Court (eg search orders - CPR 2)

  9. Concurrent Jurisdiction • PD 7 paragraph 2.4 • May be transferred - see criteria in CPR 30.3 • Sanctions for issuing in the wrong court - could lose up to 25% of costs or be struck out - SCA 1981 s51 (8) & (9), (CCA 1984 s40(1) (b) & s42 (1) (b • Restick v Crickmore [1994] 1 WLR 420

  10. Which Court? • CPR 26.2 - automatic transfer • “defendant’s home court” • if the defendant is an individual and the claim is for a specified sum of money it shall be transferred there • Active Case Management

  11. Case Management(www.dca.gov.uk) • Judicial (as opposed to by the parties) • A new procedural code - “dealing with cases justly” - “putting parties on an equal footing” (Maltez v Lewis 04/05/99) • “the spirit of the rules” - a new approach to interpretation (old case law to be used with caution

  12. Judges • Procedural Judges • High Court - District Judges/Masters (“Sir/Madam/Master”) • County Court - District Judges (“Sir/Madam”)

  13. Judges • Trial Judges • High Court - High Court Judge (“My Lord/Lady”) • County Court - Circuit Judge (“Your Honour”) • The above can sit as procedural judges also • District Judges/Masters have limited trial jurisdiction (see the rules)

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