CILEx Level 6 Unit 15 Civil Litigation
CILEx Level 6 Unit 15 Civil Litigation - £570
This is a course set at the equivalent to the LPC in academic standard and will give you a very broad and deep understanding of the application of civil law in England and Wales.
Who is the course for?
The course is for you if you are:
- a Chartered Legal Executive student selecting this unit for your Level 6 legal practice option
- a law graduate paralegal working in a civil litigation department within a legal firm
- a qualified legal practitioner wishing to refresh knowledge on moving into this practice area
We recommend that you should have studied the Law of Tort or Contract Law at ILEX Level 6 already, or as part of a law degree. Alternatively enrol on our CILEx Level 6 Unit 2 Contract Law course or CILEx Level 6 Unit 13 Law of Tort course at the same time. As an alternative to the Level 6 course you may also wish to consider our CILEx Level 3 Unit 9 Civil Litigation course which delivers detailed sufficient knowledge to enable you to handle straightforward debt claims or uncontested personal injury claims under supervision.
What qualification will I get?
Success in the course will lead to the award of a CILEx Level 6 Single Subject Certificate in Civil Litigation which is a standalone qualification but can also contribute to the CILEx Level 6 Professional Higher Diploma in Law and Practice or the CILEx Graduate Fast-track Diploma.
What will I learn?
The course delivers the CILEx syllabus for this unit. Please click on the link to see the syllabus content expressed in terms of broad learning outcomes as well as the detailed knowledge, understanding and skills that are delivered by the course. ITC publishes a course manual every year to deliver the CILEx syllabus and the table of contents (2011 edition) is reproduced below. You can also view sample pages from the course manual.
Chapter 1: Using this Manual
1.1 Introduction
1.1.1 Using this manual
1.1.2 How will this be achieved in this manual?
1.2 The composition of the High and County Courts of England and Wales and appeals
1.2.1 The High Court
1.2.2 The County Courts
1.2.3 Appeals
1.3 The ethos of modern civil litigation
1.3.1 What do we mean by “ethos”? Attitude!
1.3.2 What is the purpose of civil litigation?
1.4 An overview of the Civil Procedure Rules
1.4.1 The overriding objective
1.4.1.1 Case management and the court’s duty to further the overriding objective
1.4.1.2 Duty of the parties to further the overriding objective
1.4.1.3 What advice should be given to clients concerning the overriding objective?
1.4.1.4 Proportionality and costs
1.4.1.5 Proportionality and disclosure
1.4.1.6 Further information
1.4.1.7 Sanctions
1.4.2 Reading, applying and interpreting the Civil Procedure Rules
1.4.3 Relevance of old case law
1.5 Computation of time
1.5.1 Period of time expressed as a number of months
1.5.2 Period of time expressed as a number of days
1.5.2.1 Clear days
1.5.2.2 More than five days
1.5.2.3 Less than five days
1.5.2.4 An important exception
1.5.3 Filing documents when the court office is closed
1.6 The impact of human rights legislation on civil litigation
1.6.1 Civil procedure and human rights
1.6.1.1 Introduction
1.6.1.2 ECHR rights
1.6.2 How are CPR interpreted?
1.6.3 What are the main provisions of ECHR that have a direct impact on CPR and the litigation process?
1.6.4 Article 6: The right to a fair hearing
1.6.5 Article 8: The right to respect for private and family life
1.6.6 Article 10: The right to freedom of expression
1.7 Raising human rights legislation in civil litigation
1.7.1 Jurisdiction
1.7.2 Bringing a claim under the Human Rights Act 1998
1.7.3 Statements of case
1.7.4 A declaration of incompatibility
1.7.5 In claims for damages for a breach of a human right
1.7.6 Limitation
1.7.7 Conclusion
Chapter 2: Professional Conduct, Ethics and First Considerations
2.1 The Solicitors’ Code of Conduct 2007
2.2 The New Code of Conduct
2.3 Money Laundering Regulations
2.4 The duty of honesty on disclosure
Chapter 3: Financing Civil Litigation
3.1 Introduction
3.2 Payment of costs
3.3 What are the different methods of funding a claim?
3.4 Conditional fees and contingency fees
3.4.1 What are CFAs ?
3.4.1.1 CFA with a success fee
3.4.1.2 There is a lot of publicity about “no win, no fee”. What does this mean?
3.4.2 What governs CFAs?
3.4.3 What does the legal representative need to discuss when advising his client on entering into a CFA?
3.4.4 What happens if you fail to adhere to these requirements?
3.4.5 The success fee
3.4.5.1 How is the success fee calculated?
3.4.6 Assessing the risk
3.4.7 Conditional fees and insurance cover
3.4.7.1 After the event insurance
3.4.7.2 Before the event insurance
3.4.8 What do you tell your opponent about funding?
3.4.9 Miscellaneous points concerning CFA arrangements
3.4.9.1 Barristers and CFAs
3.4.9.2 Collective conditional fee agreements (CCFAs)
3.4.9.3 Children, protected parties and conditional fees
3.4.10 The effect of a CFA on costs
3.5 Third party funding and champerty
3.6 Public funding: duty to advise
3.7 Community Legal Service scheme
3.7.1 Introduction
3.7.2 Excluded categories: services not covered by the scheme
3.7.3 Levels of service available under the CLS scheme
3.8 Conclusion
3.9 The future?
Chapter 4: Costs Overview and Costs Recovery
4.1 Introduction
4.2 Costs and the Civil Procedure Rules
4.3 Terminology
4.4 General principles of costs in litigation
4.4.1 The discretionary nature of costs
4.4.2 The loser pays the winner’s costs
4.4.3 More common situations when the court may depart from the general costs principles
4.5 Instances where the court may depart from the “general rule”
4.6 Conclusion
4.7 Orders that the court may make
4.7.1 Interim costs orders
4.7.2 Costs on a counterclaim
4.7.3 Costs where there are two or more defendants
4.7.4 Cost capping
4.7.5 Percentage-based and issue-based costs orders
4.8 The basis on which costs are awarded
4.8.1 The indemnity principle
4.8.2 The two bases of assessment
4.8.2.1 The standard basis
4.8.2.2 The indemnity basis
4.8.2.3 Proportionality in relation to costs
4.9 Procedure for assessment of costs
4.9.1 Summary assessment (r43.3)
4.9.2 Detailed assessment (Part 47)
4.10 Fixed and predictable costs
4.10.1 Predictable costs
4.10.2 Fast track fixed costs
4.10.3 Fixed costs on a specified money claim
4.10.4 The new road traffic accident claim process
4.11 Experts’ fees (r35.4(4))
4.12 Agreeing costs
4.13 Interest on costs
4.14 Offers to settle the issue of costs – Calderbank offers (r47.19)
4.15 Miscellaneous points on costs
4.15.1 Public funding assessment
4.15.2 Assessment of conditional fee agreements
4.15.3 Wasted costs orders
4.16 Special cases (Part 48)
4.17 Overview
Chapter 5: The First Client Meeting
5.1 Introduction
5.2 What do you need to do before commencing a new matter?
5.3 The objectives for your first meeting with the client
5.4 The legal components of an action
5.4.1 Liability
5.4.2 Who should the claimant sue?
5.4.3 Vicarious liability
5.4.4 Causation
5.4.5 Quantum
5.5 Who do you sue?
5.6 Risk assessment
5.7 Motors Insurers’ Bureau (MIB)
5.8 Criminal Injuries Compensation Authority (CICA)
5.9 Action by you after the first interview
5.9.1 Write to the client
5.9.2 Draft your client’s statement
5.9.3 Notify your opponent
5.9.4 Draft a letter of claim
5.9.5 Initiate early investigations
5.9.5.1 Interviewing witnesses
5.9.5.2 The police accident report
5.9.5.3 Inquests
5.9.5.4 Inspecting the scene of the accident
5.9.5.5 Quantum investigations
5.9.6 Pre-action disclosure
5.9.6.1 Criteria for pre-action disclosure
5.9.6.2 Procedure for pre-action disclosure
5.9.6.3 Pre-action inspection of property or inspection against a non-party
5.9.6.4 Order
5.9.6.5 Costs orders on pre-action disclosure and inspection
5.10 Financial enquiries
5.11 Consulting counsel
Chapter 6: Limitation and Parties
6.1 Introduction
6.2 Limitation
6.2.1 What is the purpose of limitation periods?
6.2.2 How is “limitation” applied to actions?
6.2.3 Limitation periods
6.2.4 Which limitation period applies to an action?
6.2.5 Foreign limitation periods
6.2.6 Time runs from the accrual of the cause of action
6.2.6.1 Potential parties to an action must exist
6.2.6.2 Persons under a disability
6.2.6.3 Fraud, concealment and mistake
6.2.6.4 Latent damage
6.2.6.5 Discretionary extension of limitation periods
6.2.7 Practical pointers when calculating the limitation period
6.2.8 How do the provisions of amendment and substitution affect the limitation rules?
6.2.9 Limitation periods applying where the claim seeks a contribution from an additional party
6.2.10 Conclusion
6.3 Parties
6.3.1 Children and protected parties
6.3.2 Companies
6.3.3 Limited liability partnerships
6.3.4 Partnerships
6.3.5 Sole traders
6.3.6 Associations
6.3.7 Trusts and trustees
6.3.8 Estates of deceased persons (CPR r19.8)
Chapter 7: Alternative Dispute Resolution
7.1 Introduction
7.2 A definition of ADR
7.3 The different types of ADR
7.3.1 Negotiations/round table discussions
7.3.2 Mediation
7.3.3 Conciliation
7.3.4 Executive tribunal
7.3.5 Early neutral evaluation (ENE)
7.3.6 Judicial/expert determination
7.3.7 Arbitration
7.3.8 Adjudication
7.3.9 Conclusion
7.4 The benefits of ADR
7.5 Encouragement of ADR by protocol, CPR and the courts
7.5.1 ADR and the protocols
7.5.2 ADR and CPR
7.5.2.1 Staying proceedings for ADR after the allocation questionnaire (AQ)
7.5.2.2 Case management conferences (CMCs) and pre-trial requirements
7.5.3 ADR and cost consequences
7.6 The suitability of ADR in dispute resolution
Chapter 8: Pre-Action Protocols
8.1 Introduction
8.2 What are “pre-action protocols“?
8.2.1 The written protocols
8.2.2 The aim of the protocols or protocol practice
8.2.3 What are the common features of the protocol phase?
8.2.4 How does the court encourage compliance with protocol practice?
8.2.5 What orders may the court make if protocol is not complied with?
8.2.6 When would it be appropriate to issue proceedings without reference to protocol practice?
8.3 Example: the Personal Injury Protocol
8.3.1 Which type of case is the PI Protocol designed for?
8.3.2 What pre-action steps are recommended by the PI Protocol?
8.4 The low value road traffic accident claims procedure
Chapter 9: Remedies and Damages in Personal Injury and Commercial Claims
9.1 Introduction
9.2 Remedies
9.2.1 The purpose of a remedy
9.2.2 What remedies are available?
9.3 Damages
9.4 Special damages
9.4.1 Loss of earnings to trial
9.4.2 Other losses and expenses
9.4.3 Medical treatment
9.5 General damages
9.5.1 Pain and suffering
9.5.2 Loss of amenity
9.5.3 Loss of future earnings
9.5.4 Loss of earning capacity: the Smith v Manchester award
9.5.5 Future expenses
9.6 Fatal cases
9.6.1 Fatal Accidents Act 1976
9.6.1.1 Bereavement damages
9.6.1.2 Loss of dependency
9.7 Offsetting and recoupment of social security benefits
9.7.1 Compensation payments
9.7.2 Notification and procedure
9.8 Interest
9.8.1 Interest on damages in tort
9.8.2 Interest on damages in personal injury claims
9.8.3 Pleading interest
9.8.4 Interest in commercial cases
9.8.4.1 Interest under contract
9.8.4.2 Interest at the court’s discretion
9.8.4.3 Interest on late payment of debts
9.8.5 Claiming interest
9.9 Provisional damages
9.10 Periodical payments
9.11 Contract damages
9.12 Nominal damages
9.13 Aggravated damages
9.14 Exemplary damages
9.15 Delivery up of goods
9.16 Injunctions
9.17 Specific performance
9.18 Rectification
9.19 Accounts
9.20 Declarations
9.21 Restitution
Chapter 10: Drafting Statements of Case
10.1 Introduction
10.2 What is the role of a statement of case?
10.2.1 To provide an outline
10.2.2 To provide clarification
10.2.3 To set out factual details
10.2.4 To identify legal requirements
10.3 Drafting statements of case under the Civil Procedure Rules – some drafting help
10.4 The purpose of a statement of truth
10.4.1 Format
10.4.2 Who may sign a statement of truth?
10.4.3 What is the status of a “statement of truth”?
10.4.4 Consequences of making a false statement
10.4.5 What if a statement of case is not verified?
10.5 Particulars of claim
10.5.1 General requirements for particulars of claim
10.5.1.1 Claim form and particulars of claim
10.5.1.2 Exemplary or aggravated damages
10.5.1.3 Personal injury cases
10.5.1.4 Other matters to be set out in the particulars of claim
10.5.1.5 Points of law, witnesses and documents in particulars of claim
10.5.1.6 Interest
10.5.1.7 Drafting tips
10.5.2 Particulars of claim in tort
10.5.2.1 A road traffic accident or other case not involving breach of statutory duty
10.5.2.2 An action in negligence involving a breach of statutory duty – a factory accident
10.5.3 Particulars of claim in contract
10.5.3.1 A debt action for goods sold and delivered but not paid for
10.6 The defence
10.6.1 Specific matters required in a defence
10.6.1.1 Statement of value
10.6.1.2 Address for service
10.6.1.3 Personal injury claims
10.6.1.4 Defence of limitation
10.6.2 The formula for drafting a defence
10.6.3 Admissions
10.6.4 Denials
10.6.5 Refusing to admit or making no admissions
10.6.6 Shifting the blame
10.6.7 A “traverse”
10.6.8 What if the particulars of claim has been poorly drafted?
10.6.8.1 Set-offs and counterclaims
10.7 The reply
10.8 Statement of truth
10.9 Can a party seek clarification of any aspect of a claim?
10.9.1 Procedure
10.9.2 What is their form and content?
10.10 Amendments to statements of case
10.10.1 Adding, removing or substituting a party in proceedings
10.10.2 Other amendments: permission or consent
10.10.3 Application to the court for permission to amend
10.10.4 Principles governing permission to amend
10.10.5 Consequential orders on permission to amend
10.10.6 Amendments to statements of case after the end of the relevant limitation period
10.10.7 Method of amendment
Chapter 11: Starting your Court Action
11.1 Introduction
11.2 Jurisdiction: choice of court
11.2.1 What are the consequences of issuing in the wrong court?
11.2.2 “Mass” issue of claims
11.2.3 Money claim online
11.2.4 A “Europe-wide” procedure
11.2.5 Personal injury claims up to £10,000
11.2.6 Chancery business
11.2.7 Specialist proceedings
11.2.8 Consumer Credit Act 1974 claims
11.2.9 Other miscellaneous exceptions
11.3 Drafting a claim form
11.3.1 Use of the Part 7 claim form
11.3.2 Contents of a claim form – the claim form guide
11.3.2.1 The court in which the claimant wishes to issue
11.3.2.2 Brief details of the claim
11.3.2.3 Remedy
11.3.2.4 Statement of value
11.3.2.5 Human Rights Act 1998
11.3.2.6 Statement of truth
11.3.2.7 Particulars of claim endorsed on claim form
11.4 Issuing the claim form
11.5 Processing by the court
11.6 Time limit for service of claim form and particulars of claim
11.6.1 Period of validity
11.6.2 Failing to serve the claim form in time
11.7 What (and when) is “service”?
11.7.1 Service of the claim form
11.7.1.1 The methods of service
11.7.1.2 A clarification of personal service under the new Part 6
11.7.2 Service of “other documents”
11.8 The practical effect of these rules of service of the claim form and “other documents”
11.9 Service by the court and service by (or on behalf of) a party
11.10 Service on children and protected parties
11.11 Certificate of service
11.12 Documents returned undelivered to the court
11.13 Procedure on service
11.13.1 Steps required where the court is to serve the claim form
11.13.2 Steps required where the claimant is to serve the claim form
11.14 Serving the particulars of claim
11.15 The response pack
Chapter 12: Part 8 Procedure
12.1 Introduction
12.2 Contents of the Part 8 claim form
12.3 Procedure
12.4 The hearing of a Part 8 claim
Chapter 13: Acting for a Defendant: Responding to the Claim
13.1 Introduction
13.2 Time for filing a response
13.3 Options available to the defendant
13.4 Acknowledgment of service
13.4.1 Contents of the form of acknowledgment of service
13.4.2 Signing the acknowledgment of service
13.4.3 Disputing the court’s jurisdiction
13.4.4 Miscellaneous points on acknowledgment of service
13.5 Admissions
13.5.1 Admissions under the Civil Procedure Rules
13.5.2 Judgment on admission in a claim involving a child or a protected party
13.5.3 Admission of money claims
13.5.4 Factors to take into account when determining the rate of payment
13.6 Filing a defence
13.7 Consequences of not filing a defence
13.8 Cases where a defence need not be filed within 14 days
13.9 Order extending the time limit
13.10 Making an application to dismiss the claim
13.11 Counterclaims
13.11.1 Part 20 covers four types of additional claim
13.11.1.1 Counterclaims brought by the defendant against the claimant
13.11.1.2 An additional claim brought by the defendant against another person who is not a party to the proceedings
13.11.1.3 Additional claims brought by the defendant seeking a contribution, or an indemnity or some other remedy
13.11.1.4 Additional claims brought by third parties (Part 20 defendants) against other persons
13.11.2 The procedure in Part 20 claims
13.11.3 Service of additional claims
13.11.4 What response does a claimant or other person give to the counterclaim?
13.11.5 What action must an additional party take in an additional claim?
13.11.6 Part 20 claims and costs
13.11.7 The defence of “set-off”
Chapter 14: Allocation of Cases and Case Management
14.1 Introduction
14.2 Case management
14.3 Allocation
14.3.1 When will the court convene an allocation hearing?
14.3.2 What is the court’s general practice leading to allocation?
14.3.3 What happens if one or both parties fail to file a completed AQ?
14.3.4 If completed AQs are not returned by the parties
14.4 The allocation questionnaire (Form N150)
14.4.1 Consultation between parties
14.5 Further information and the allocation hearing
14.5.1 Attendance at an allocation hearing
14.5.2 What information should be given by the parties to avoid the need for an allocation hearing?
14.5.3 Case management conferences
14.5.4 Sanctions for causing an unnecessary allocation hearing
14.6 When will “allocation” take place?
14.6.1 What does the court consider when allocating to “track”?
14.7 Allocation notice
14.8 Re-allocation of claims
14.9 Split trials – what are they?
14.9.1 What happens if a party fails to comply with a case management direction?
14.10 Striking out
14.10.1 Procedure
14.10.2 The court’s approach to strike out
14.10.3 Strike out and the Human Rights Act 1998
14.10.4 Unless order
14.11 Disallowing evidence
14.11.1 Disallowing expert evidence
14.12 Ordering payment of a sum of money into court
14.13 Costs
14.14 Applications for relief from a sanction
Chapter 15: The Tracks
15.1 Introduction
15.2 The small claims track
15.2.1 Costs where fast track claim is running in small claims track by consent
15.3 The fast track
15.3.1 Allocation to fast track
15.3.2 Procedure
15.3.2.1 Allocation
15.3.2.2 Case management timetable and directions
15.3.3 Directions
15.3.3.1 Timetable
15.3.3.2 Variation of directions
15.3.3.3 Applications and appeals on directions
15.3.3.4 Unforeseeable changes in circumstances
15.3.3.5 Parties agreeing changes to directions
15.3.3.6 Failure to comply with case management directions
15.3.3.7 Standard directions confirming the trial date
15.3.4 Trial in fast track cases
15.3.5 Costs in fast track claims
15.4 The multi-track
15.4.1 Multi-track and the Civil Procedure Rules
15.4.2 Case management conference
15.4.2.1 Who should attend a case management conference?
15.4.2.2 Agenda at a case management conference
15.4.2.3 Steps to take before a case management conference
15.4.2.4 Seeking unusual orders at a case management conference
15.4.2.5 Parties agreeing steps for management of the proceedings
15.4.2.6 Varying the case management timetable
15.4.3 What are the “usual directions” in a multi-track case?
15.4.3.1 Expert evidence
15.4.3.2 Pre-trial checklists (listing questionnaires)
15.4.3.3 Failure to comply with case management directions
15.4.4 The trial in multi-track cases (r29.10)
15.4.5 Costs in multi-track claims
Chapter 16: Offers to Settle (Part 36)
16.1 Introduction
16.2 What are Part 36 offers?
16.3 Form of Part 36 offers
16.4 Relevant period
16.5 Clarification
16.6 How and when can Part 36 offers be accepted?
16.6.1 Late acceptance
16.6.2 Acceptance relating to part of the claim
16.6.3 Permission to accept
16.6.4 Stay on acceptance
16.7 Time for payment
16.8 Rejection of a Part 36 offer
16.9 When can Part 36 offers be made?
16.10 Withdrawing a Part 36 offer
16.11 Costs consequences of claimant failing to beat a Part 36 offer
16.12 Part 36 offer made by a claimant
16.13 Creation of a legally binding contract
16.14 How can the court decide if a Part 36 offer has been beaten?
16.15 Part 36 and CFAs
16.16 Court’s discretion on costs
16.17 Action on making and receiving Part 36 offers
16.18 Advising your client on receipt of a Part 36 offer
16.19 Non-disclosure to judge
16.20 Effect on public funding
Chapter 17: Disclosure and Inspection (Part 31)
17.1 Introduction
17.2 Disclosure and the Civil Procedure Rules
17.3 The purpose of “disclosure”
17.4 When does disclosure occur?
17.5 What is a “document”?
17.6 The extent of a party’s “disclosure obligation”
17.7 The meaning of “control”
17.8 The obligation to make a reasonable search for relevant documents
17.8.1 The obligations and duties of the parties and their legal representative
17.9 The impact of “e”-disclosure
17.10 Form N265 and the “disclosure statement”
17.10.1 What the statement must include
17.10.2 Who will sign the disclosure statement?
17.10.3 How are documents sorted and listed on Form N265?
17.11 The process of disclosure
17.11.1 The exchange or service of lists of documents
17.12 Agreement between parties (r31.10(8))
17.13 Continuing duty of disclosure
17.13.1 The role of the legal representative in the process of disclosure
17.13.2 Considerations of the legal representative when compiling a list of documents
17.13.3 Considerations of the legal representative when receiving a list of documents
17.14 Inspection
17.15 Sanction for failure to disclose documents or permit inspection
17.16 Inadvertent disclosure of privileged documents
17.17 Grounds for withholding inspection
17.18 Challenging the extent of the search and challenging the allocation of documents to that part of the list that is not “available to inspect”
17.19 Challenges may be raised from a review of an opponent’s list of documents and the inspection process
17.20 An application for specific disclosure
17.20.1 What is specific disclosure?
17.20.2 When can an application for specific disclosure be made?
17.20.3 Applications at a late stage of proceedings
17.20.4 In what circumstances is the court likely to make an order?
17.20.5 What will the court order?
17.20.6 The form of an order for specific disclosure
17.20.7 Steps to take before making an application
17.20.8 The application
17.21 Privilege
17.21.1 Legal professional privilege
17.21.2 What is the distinction between “legal advice privilege” and “litigation privilege”?
17.22 Other types of relevant privilege
17.22.1 Common interest privilege
17.22.2 Joint interest
17.22.3 Privilege against self-incrimination
17.23 Without prejudice negotiations
17.24 Public interest immunity
17.25 Loss of privilege, waiver of privilege and reference to privileged documents
17.26 Inadvertent disclosure of privileged material
17.27 Documents obtained illegally
Chapter 18: Evidence and Witness Statements
18.1 Introduction
18.2 Advice on evidence
18.3 The “proof game”
18.3.1 The legal burden
18.3.2 The standard of proof
18.3.3 How do you prove your case evidentially?
18.3.4 Relevance
18.4 Competence and compellability of witnesses
18.5 Evidence of children
18.6 Types of evidence
18.7 Oral evidence
18.8 Real evidence
18.9 Opinion evidence
18.9.1 Expert opinion evidence
18.10 Hearsay evidence
18.10.1 Admissibility of hearsay evidence
18.10.2 What weight does the trial judge attach to hearsay evidence?
18.10.3 Are there any procedural requirements for the use of hearsay evidence (“hearsay notice”)?
18.10.4 Hearsay notice and the Civil Procedure Rules
18.10.5 Time for service of hearsay notice
18.10.6 Power to call witness for cross-examination on hearsay statement
18.10.7 What are your client’s options if hearsay evidence is being used against him?
18.11 Evidence of character and convictions
18.11.1 Character
18.11.2 Admissibility of previous convictions
18.11.2.1 Procedure for using s11 Civil Evidence Act 1968
18.12 Admissibility and proof of Ogden Tables
18.13 Similar fact evidence
18.14 Bankers’ books
18.15 Documentary evidence
18.16 Notice to prove documents
18.17 Notice to admit facts
18.18 Letters of request
18.19 Witness statements (Part 32)
18.20 Discretion to restrict evidence (“court control”)
18.20.1 Witness statement or affidavit?
18.20.2 Witness statements for trial
18.21 Witness evidence under the Civil Procedure Rules
18.22 Service of witness statements
18.22.1 Sanctions for failure to serve a witness statement
18.23 Use of witness statements at trial
18.23.1 Serving a witness statement but not calling the witness
18.24 The importance and content of the witness statement
18.25 Witness summary (r32.9(2))
18.26 Witness statements for interim applications
18.26.1 Preparing the witness statement
18.26.1.1 Fact or submissions
18.26.1.2 Who should make the statement?
18.26.1.3 Where the legal representative makes the statement
18.26.1.4 Formatting the witness statement
18.26.1.5 Exhibits to witness statements
18.27 Disclosure and service of witness statements
18.27.1 Witness evidence for trial
18.27.2 Witness evidence for interim applications
18.28 What do you do on receipt of your opponent’s witness evidence?
18.28.1 Witness evidence for trial
18.28.2 Witness evidence for interim applications
Chapter 19: Experts and Expert Evidence (Part 35)
19.1 Introduction
19.2 The use of expert evidence in civil actions constitutes an exception to the rule against opinion evidence
19.3 Who or what is an “expert”?
19.3.1 A definition
19.3.2 The weight of expert evidence
19.3.3 Does the evidence of the expert witness carry more or less weight than the evidence of the eye witness?
19.3.4 Is it possible to use an expert who has a close connection with a party?
19.3.5 What rules need to be considered to understand the use and application of an expert in an action?
19.4 How does a party seek to use expert evidence in his action?
19.4.1 Pre-action
19.4.2 During litigation
19.4.3 What factors will the court take into account concerning the use of expert evidence?
19.4.4 Likely directions orders on expert evidence
19.4.4.1 No expert evidence
19.4.4.2 A direction for a single joint expert (SJE)
19.4.4.3 A direction that each party may instruct its own expert
19.5 Experts in an advisory role
19.6 The “treating” expert
19.7 The operation of the Rehabilitation Code
19.8 Single joint expert (SJE)
19.8.1 Instructing a single joint expert
19.9 Each party engaging its own expert
19.10 The expert’s role in ADR
19.11 Dealing with an unfavourable expert
19.12 Where do you find an expert?
19.13 What enquiries need to be made of your chosen expert?
19.14 Checking the availability of an expert
19.15 Handling expert evidence and preparing a letter of instruction to an expert
19.16 The expert’s statement of truth
19.17 Dealing with questions to an SJE or the opposing party’s expert
19.18 Discussions between experts
19.19 The expert’s right to ask the court for directions
19.20 The expert at court
19.21 The expert and his immunity from suit
19.22 Experts and privilege
19.23 When will experts’ reports be disclosed?
Chapter 20: Interim Applications – General Considerations
20.1 Introduction
20.2 Why are interim applications made?
20.3 The different types of interim hearing
20.4 Interim applications and the overriding objective
20.4.1 The nature and purpose of supporting evidence in interim applications
20.4.2 The nature of interim applications
20.5 Common procedure
20.6 Time estimates
20.7 Notice and hearing provisions for interim applications
20.7.1 Applications with notice
20.7.2 Applications without notice
20.7.3 What happens if an application is made without notice when it is not appropriate to do so?
20.7.4 When does the respondent hear of the order made?
20.7.5 Applications without a hearing
20.8 Telephone hearings
20.8.1 What are they and how did they come about?
20.8.2 When can a hearing be conducted by telephone?
20.8.3 Considerations in advance of a telephone hearing
20.9 What if one party fails to attend a hearing?
20.10 Costs of the interim application
20.10.1 Interim costs orders
20.10.2 Summary assessment
20.10.3 Content of the costs schedule
Chapter 21: Interim Payments and Interim Remedies
21.1 Introduction
21.2 Application for an interim payment
21.2.1 What is an interim payment?
21.2.2 The grounds on which an interim payment application can be made
21.2.3 The procedure for making an application for an interim payment
21.2.4 Multiple defendants
21.2.5 Orders that may be made in an application for an interim payment
21.2.5.1 How much can be awarded?
21.2.5.2 Can payments by instalments be ordered?
21.2.5.3 Social security benefit payments
21.3 Time when an application for an interim remedy may be made
21.3.1 By claimants
21.3.2 By defendants
21.4 Jurisdiction and judiciary – who will consider the application at court?
21.5 Interim injunctions
21.5.1 American Cyanamid
21.5.2 Mandatory interim injunctions
21.5.3 Where there is no arguable defence
21.5.4 Relative strengths of each party’s case
21.5.5 Applying for interim injunctions – procedure
21.5.6 Undertakings
21.5.7 Serving the injunction
21.5.8 Discharging the injunction
21.6 Freezing injunctions
21.6.1 Procedure
21.6.2 Requirements
21.6.3 The order
21.6.4 Effect of the order
21.6.5 Variation of the order
21.6.6 Discharge of the order
21.6.7 Ancillary orders
21.7 Search orders
21.7.1 Application for an order
21.7.2 Principles considered by the court
21.7.3 Form of the order
21.7.4 Service and execution of the order
21.7.5 Application for variation or discharge
Chapter 22: Termination Before Trial
22.1 Introduction
22.2 Termination by consent
22.2.1 Settlements reached before proceedings have been commenced
22.2.2 Settlements generally
22.2.3 Compromising a claim for a child or protected party
22.3 Settlements reached after proceedings have been issued
22.3.1 Consent orders
22.3.2 Tomlin orders
22.3.3 Compromising an action for a child or protected party
22.4 Discontinuance of proceedings
22.4.1 Circumstances in which court permission and/or consent of all parties is required
22.5 Default judgment
22.5.1 When may an application or a request for default judgment be made?
22.5.2 What is the procedure for seeking default judgment?
22.5.3 Setting aside default judgment
22.5.3.1 What evidence is required to set aside a default judgment?
22.5.3.2 The procedure for making an application to set aside a judgment in default
22.5.3.3 Orders that may be made in an application to set aside a default judgment
22.6 An application for summary judgment
22.6.1 Summary judgment and ECHR
22.6.2 When is summary judgment used?
22.6.3 The procedure for summary judgment
22.6.4 The evidence for a summary judgment application
22.6.5 Orders that may be made in an application for summary judgment
22.7 Strike out of a claim
22.7.1 Power to strike out
22.7.2 Failing to pay a fee
22.7.3 Poor drafting
22.7.4 Procedure to be adopted by the courts in cases listed under r3.4(2)
22.7.5 Application to strike out made by opposing party
22.8 Judgment on admissions
Chapter 23: Preparing for Trial and Appealing Judgment
23.1 Introduction
23.1.1 r11 Solicitors’ Code of Conduct 2007
23.2 Trial overview
23.3 Hearings “in public” (open court) or “in private”
23.4 Final hearings in small claims track cases (Part 27)
23.4.1 Public hearing
23.4.2 Representation
23.4.3 Proceeding without a hearing
23.4.4 Non-attendance at the hearing
23.4.5 Method of proceeding at the hearing
23.4.6 Recording evidence and giving reasons in small claims hearings
23.4.7 Application to set aside judgment
23.5 Immediate action on receipt of the trial date
23.5.1 Issue witness summonses
23.5.2 Contact counsel
23.5.3 Liaise with your client
23.5.4 The department diary
23.6 Preparation for trial
23.6.1 Administrative tasks
23.6.2 Part 36 offers and ADR
23.6.3 Review funding cover
23.6.4 Update documentation
23.7 Fast track trials
23.7.1 Venue
23.7.2 Trial timetable
23.7.3 Statement of issues
23.7.4 Case summary
23.7.5 Trial bundle
23.7.6 Costs statements
23.7.7 Which court?
23.7.8 Trial by jury
23.7.9 Conduct of the trial
23.7.10 Opening speeches
23.7.11 Witnesses
23.7.12 Judgment
23.7.13 Applications immediately after judgment
23.8 Multi-track trials
23.9 The day of the trial – multi-track
23.9.1 Meeting up
23.9.2 Trial etiquette
23.9.3 A typical day in court
23.10 After the trial
23.10.1 Judgment
23.10.2 Costs
23.11 Appeals
Chapter 24: Enforcement of Money Judgments
24.1 Introduction
24.2 Legal framework
24.3 Order to obtain information – Part 71
24.4 Execution against goods
24.4.1 Writ of fieri facias in the High Court (RSC O45 and O47)
24.4.2 Warrant of execution in the County Court (CCR O26)
24.5 Interpleader proceedings
24.6 Third party debt order – Part 72
24.7 Charging orders on land
24.7.1 Enforcement of charging order by an order for sale
24.8 Attachment of earnings (County Court only – CCR O27)
24.9 Miscellaneous methods of enforcement
24.10 Cumulative or alternative methods of enforcement
24.11 Costs of enforcement of a money judgment
24.12 Advantages and disadvantages of various methods of enforcement
Application
Download:
CILEx courses application form 2011-12.pdf
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