In the [
] County Court
Particulars of Claim
On the [ ] the Claimant was a passenger in the Defendant's motor car registration
number Y889 NM3 which was being driven by the Defendant al
LECTURE 4 Pre Action
Steps under Practice Direction on Pre-action Conduct
Claimant sends letter before claim. PD para 6(a) says should give concise details of
(1) state the claimants full name and address;
(2) state the basis
Read Sime Chapter 6
Issue Court proceedings
What happens if the claim cannot be settled pre-action? issue Court proceedings.
Part 7 for most civil claims. Form N1.
See lecture 6 for how to complete
Part 8 the alternative proc
Defence; Counterclaim; Pt 20; amendments; further information;
Sime chapters 12, 14, 18, 20, 22 and 30
RECAP: We have looked at claim forms and particulars of claim which will be issued by
the claimant. What about t
Read Sime Chapter 14
We have looked at pre issue matters - protocols.
How, when and where to issue proceedings when a case cannot be settled.
Statements of case
CPR2.3 - means a claim form
particulars of claim where th
LECTURE 9 Disclosure
Read Sime Chapter 31
Case Management Directions - disclosure
Recap 3 tracks
Small Claims Track (SCT)
Sime 27.04; hearing date set and exchange of documents within 14 days before
hearing. See also PD27, 2
LECTURE 11 Experts
Read Sime Chapter 35
Case Management Directions expert evidence Part 35 and PD 35
1. Expert evidence
Who is an expert?
What is the difference between an expert witness and a lay witness?
2. General Requirement
LECTURE 14 Interim applications
Read Sime Chapter 23
Interim Application I introduction to Part 23
1. Interim applications
What are they? In the next LGS we will look at different types of application that can be
Part 23 and PD 23A
LECTURE 12 Pre-trial matters
Read Sime Chapter 38
Listing for trial claims that are not agreed, struck out or concluded by way of summary
judgment have to be listed for trial for the court to determine the out
LECTURE 8: Allocation
Read Sime Chapter 15
Once all the parties have filed their statements of case the next stage is allocation - Part
Judicial case management is one of the central planks of the CPR. Remember the
Read Stuart Sime: A Practical Approach to Civil Procedure Chapters 1-3
References to chapters are to Sime
Introduction to the Module
See Module Guide
20 x 1 hour lectures
10 x 1 hour tutorials
Requirement for National Associa
DEFENCE FOR ROY MABBETT TUTORIAL 4
In the [
] County Court
Claim No: 12345678
1. Paragraph 1 of the Particulars of Claim is admitted.
2. The defendant makes no further admissions as to any
Look at taking client instructions
Advise about funding
Analysing a clients case
Complete exercise 1 below IN ADVANCE of the tutorial. You WILL be required to
report your findings back to the gro
To understand the courts role in managing the use of expert evidence.
To understand what steps need to be taken to get a case ready for trial.
Ensure you have fully read your notes from L
To understand what happens at trial.
To understand the general procedure under Part 23 about how you make an interim
Ensure you have read and fully understand your notes from
To understand what steps need to be taken pre action.
The consequences of failing to follow a pre-action protocol.
Ensure you are familiar with the PI case study from tutorial 1.
Bring a copy of
Interim Applications II
To be able to identify what interim application may be made and identify what
procedural steps are required to make the interim application in question and what legal
test needs to be
To understand how to start proceedings.
Draft a Claim Form and Particulars of Claim.
Understand the rules relating to service under CPR Part 6.
Ensure that you are familiar with the Sally
Part 36 offers
To understand how to make a Part 36 offer and the consequences of making, accepting
and refusing a Part 36 offer.
Please ensure that you are fully familiar with the provisi
LECTURE 13 Trial and use of Counsel
Read Sime chapter 39
Trial and Use of Counsel
What proportion of cases reach trial and why?
What is the most common mechanism for settling a dispute? (see lecture 16)
What if the claimant wants