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Civil Procedure Exam Notes

LLB450 - Civil Procedure

140 Pages Complete Study Notes Year: Pre-2021 Previously uploaded under: LAW350 - Civil Procedure

CIV PRO EXAM NOTES: Whereas substantive law creates rights, procedural law expresses how those rights are to be exercised or enforced Sources of Civil Procedural Law • Common law - in the form of a (superior) court’s inherent jurisdiction to ensure the proper administration of justice – usually reduced in writing in the court’s Practice Directions or Practice Notes but doesn’t have to be – so it is possible for procedural rules to be unwritten (which is how such exotic procedural creatures like Norwich Orders, Mareva Injunctions and Anton Pillar Orders were born) • Statute Law • Sources of Civil Procedural Law – Statute Law Legislation Enabling Act – usually does at least 4 things:  establishes the court and its officers (eg magistrates, judges, registrars and their duties/powers)  sets out the court’s jurisdiction (ie what type of matters the court can hear/monetary limit)  gives powers to the Court, including powers to punish parties for contempt  gives the Court a role in its own administration, such as the making of rules. Supplementary Act–any Act necessary to further define a court’s role or jurisdiction • Sources of Civil Procedural Law – Statute Law Subsidiary Legislation: Statutory Rules (made under enabling Act, by a committee of the court’) that set out: (eg: Supreme Court Rules 1971) Cite – Order 14 Rule 2 – O14r2  the procedure for bringing and defending claims; an


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