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Civil Procedure Rules (CPR) BTC: 1. Pre-Action Strategy: ADR, Costs & Limitation
Civil Procedure Rules (CPR) BTC: 1. Pre-Action Strategy: ADR, Costs & Limitation
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What this covers: The decision-making you’re tested on before issue—Pre-Action Protocol conduct, ADR choices, limitation and standstills, pre-action disclosure, and costs risks for behaviour at this stage.
By the end you can (for the exam):
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Identify the earliest and latest limitation expiry on given facts and calculate dates correctly using CPR 2.8(including s.11/14/14A scenarios).
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State whether a standstill is available/advisable and its effect on limitation in an exam scenario.
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Assess a client’s pre-action conduct against PAP/PD requirements and predict plausible costs consequences for compliance or breach.
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Evaluate the reasonableness of refusing/insisting on ADR and explain the likely costs impact of that stance.
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Decide if pre-action disclosure is available and set out the test and order you would seek/oppose.
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Produce a concise exam paragraph that cites the relevant CPR/PD and gives a clear recommended step and likely order.
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