Monday 16 May 2016

CPR Quick Reference Guide

Part 1- Over riding objective
Part 2-6 General Rules for parties & ADR.

Part 7-20 - Preaction protocol (starting a claim)
  • Part 7 and Part 8 explain how to start a case by filing a claim form and that certain claims require different forms.
  • Parts 9-11 explain how the defendant will need to respond to the claim form.
  • Part 12 deals with default judgments — this is where the defence has failed to file an acknowledgment of service; or has failed to file a defence.
  • Part 13 deals with setting aside default judgments.
  • Part 14 deals with admissions (e.g., of liability, guilt, etc).
  • Part 15 explains how the defendant should file and serve a defence (if applicable) and how the claimant should file and serve a response.
  • Part 16 explains the rules governing the “statements of case”, which includes the claim form, the particulars of claim, the defence and maybe a reply.
  • Part 17 explains how to correct mistakes made with documents in the statements of case.
  • If either party wants to make a request for further information they must follow the rules set out in Part 18.
  • Part 19 explains when and how you can bring additional parties into the case.
  • Part 20 deals with counterclaims (additional claims against each party). 

  • Parts 21-22: Litigating the case
    Part 21 provides general information about children and protected parties.
    Part 22 deals with the statement of truth and lists the documents that must contain a statement of truth when filed with the Court.
    • Part 23 deals with general rules about how and when to file applications for a court order.
    • Part 24 deals with summary judgment, this is where a party asks the judge to make a decision where they believe the other party has not has no real prospect of succeeding on or defending the claim or issue, and there is no other compelling reason why the case or issue should be disposed of at a trial.
    • Part 25 provides information on interim decisions and how to secure your costs.

  • Parts 26-30: Allocation to a Track

  • Part 26 deals with how the case will be managed. Your case will be allocated to one of three ‘tracks’. Each track has a distinct set of procedural rules and timetables to govern a case. Allocation to a particular track depends on the case’s financial value (i.e., how much you or your opponent claim in damages).
  • The small claims track (Part 27) is for claims with a financial value of not more than 5,000. The procedure is intended to be fast, cheap and informal.
  • The fast track (Part 28) is for claims not falling within the small claims track and with a financial value of not more than 15,000.
  • The multi track (Part 29) is for claims of greater value (over 15,000) or which are considered complex.
  • Part 30 deals with how to transfer your case to a different track.

  • Part 31-35: Evidence

  • Part 31 explains how and when information should be disclosed to the other side, and what information is protected (i.e., does not need to be disclosed).
  • Part 32-33 explains how the court controls evidence and other miscellaneous information.
  • Part 34 explains how to summon witnesses and carry out depositions.
  • Part 35 explains the rules surrounding expert witnesses.
  • Part 36 Offers of settlement 
  • Part 37 explains how to make payments into court.
  • Part 38 governs how to discontinue a case and the consequences of taking this action.
  • Part 39- 40: Hearing and judgment
    • Part 39 explains rules as regards to timetables and court bundles.
    • Part 40 deals with judgments and court orders.

    Parts 43-79: Post-judgment (key parts only)
    Parts 43-48 provide lots of information about costs, including the amount you hope to receive from the other side for your legal costs if you win, or what you have to pay if you lose.
    • CPR 52 deals with the appeals process (i.e., if a party disagrees with a decision)..
    • CPR 70-79 provides information on different methods of enforcing a judgment.

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