lpc dispute resolution ws7 and seminar 7 high distinction 75 comprehensive exam notes 2022 2023docx
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LPC - Legal Practice Course
LPC - Legal Practice Course
LPC - Legal Practice Course
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1. Directions Questionnaire (Form N181)1
Civil Litigation, 9.5.1
The Directions Questionnaire provides the court with information to enable it to make decisions about
allocation and case management. It is normally filed with the court in advance of the first Case
Management Conference.
Note that the time for filing a DQ cannot be altered by agreement between the parties (CPR 26.3(6A)).
Drafting Checklist
A - Settlement Tick the “For legal representatives only” box.
Confirms that you have explained to your client the need to settle – check
instructions but almost always this will be yes.
Tick the “do you want to attempt to settle” box.
Generally, there is no reason why you shouldn’t tick this. Check instructions.
Do you want a stay?
I.e., to “pause” the proceedings; this would normally be required for ADR?
Check your instructions.
B - Court If the case is in the High Court, fill in B1:
Is that where you want the case to stay?
Which division?
Will almost certainly be Queen’s Bench Division.
Chancery or Family are other alternatives but unlikely to be examined.
Location:
Choose a Court that is local to the parties.
If in London, consider the Royal Courts of Justice (RCJ).
PD 29, para 2.6 provides that the following types of claim are suitable
for trial in the RCJ:
(1) Professional negligence claims,
(2) Fatal Accident Act claims,
(3) Fraud or undue influence claims,
(4) Defamation claims,
(5) Claims for malicious prosecution or false imprisonment,
(6) Claims against the police,
(7) Contentious probate claims.
C - Pre-Action Have you complied with the relevant Pre-Action Protocol?
Protocols Answer should generally be yes; check instructions.
D - Case D1 - Interim Have you made any interim applications? E.g., summary judgment,
Management Applications application to extend time to file and serve a defence etc.
Information Check instructions. If you have made an application, what is it?
D2 - Which Small Claims = < £10k
track? Fast Track = £10k - £25k
Multi-Track = > £25k
D3 - Have you agreed the extent of disclosure of electronic documents?
Disclosure of Check instructions.
Electronic Most likely this will be “no”.
1
Workshop 8, Prep Task
, Documents Type of disclosure.
“Standard Disclosure”.
Have you filed and served a disclosure report?
Check instructions.
CPR 31.5(3) requires all parties in MT claims to file and serve
a disclosure report not less than 14 days before the first
Case Management Conference.
Have you agreed a proposal in relation to disclosure?
Check instructions.
Most likely this will be “no”.
E - Experts Have we used, or do we want to use an expert?
Do we already have a report from them or are we going to get one?
Is the case suitable for an SJE?
If we are seeking to instruct an expert, fill in their details, including their :
Name
Field of Expertise
Justification and estimate of costs.
Why do we need the expert? Issues as to liability and quantum? What
are these?
Is this proportionate; consider the value of the claim and necessity of
the evidence.
How much is the expert charging for his report, meeting, and attending
trial, if known?
F - Witnesses Who are we calling as a witness?
What are they witness to? What will they talk about?
It is permissible to simply indicate the number of witnesses if not all have been
interviewed yet.
G - Trial Estimate the length of the trial:
If the case is Multi-Track, it will be more than one day.
You may be told the likely length of the trial; if not, you should try to
realistically estimate what this will be, factoring in the total number of
witnesses.
As a rule of thumb, a witnesses’ evidence might take ½ day to 1 day of
court time (but possibly longer), depending on its nature and
complexity.
Fast-Track or Small Claims should be one day.
Dates to avoid:
List any dates you, your supervisor, or witnesses will be unable to attend in
the next 12 months.
Consider the date you are, hypothetically, being asked to draft the Directions
Questionnaire in the question (as opposed to the actual date!).
H - Costs Multi-Track claims – you will attach a Precedent H.
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