Bar Training Syllabus 2026-2027: Civil Litigation and Evidence

Comprehensive vocabulary flashcards covering the Bar Standards Board Civil Litigation and Evidence syllabus for 2026-2027, detailing procedural rules, key case authorities, statutory provisions, and examination structures.

Civil Litigation Paper 1

A closed book assessment covering all topic areas of the extended syllabus, deriving examinable content from Volumes 1 and 2 of 'Civil Procedure' (the White Book) 2026 and The Jackson ADR Handbook (Fourth Edition, 2025).

Civil Litigation Paper 2

An open book assessment covering all topic areas of the extended syllabus, into which candidates are permitted to take Volumes 1 and 2 of 'Civil Procedure' (the White Book) 2026.

Syllabus Cut-off Date (2026-2027)

6 April 2026, which is the date up to which material in the White Book 2026 is current; candidates are not assessed on material in the White Book 2026 Supplements.

The Overriding Objective (CPR 1.1)

The central principle enabling the court to deal with cases justly and at proportionate cost, requiring court application under CPR 1.2 and imposing a duty on the parties to assist the court under CPR 1.3.

Halsey and Churchill

The two leading case authorities specified in the syllabus governing the approach of the courts to Alternative Dispute Resolution (ADR), judicial encouragement, and the power of the court to mandate or order ADR.

Accrual of Cause of Action

The precise factual point at which a cause of action is complete and from which limitation periods begin to run, determining when an action is legally brought under Limitation Act principles.

Date of Knowledge (Limitation Act 1980)

Under sections 11, 12, and 14 of the Limitation Act 1980, the date when a claimant first knew facts establishing a significant injury attributable to alleged negligence, nuisance, or breach of duty, and the identity of the defendant.

Section 33 Limitation Act 1980

The statutory discretion enabling the court to disapply or exclude the standard three-year limitation periods for actions in respect of personal injuries or death if it would be equitable to do so.

Practice Direction - Pre-Action Conduct and Protocols (PDPAC)

The practice direction governing the conduct of prospective parties before proceedings start, outlining objectives of co-operation, proportionality, exchange of information, and the use of ADR.

Section 9 Arbitration Act 1996

The statutory provision allowing a party against whom legal proceedings are brought in court to apply for a stay of those proceedings where an arbitration agreement covers the dispute.

Expert (or Neutral) Determination

A contractual dispute resolution mechanism where an independent third-party expert is appointed to produce a binding decision on a technical, financial, or valuation issue.

Early Neutral Evaluation (ENE)

A non-adjudicative dispute resolution process in which an independent neutral or judge provides an early, non-binding evaluation of the merits to facilitate settlement negotiations.

Part 7 Procedure

The general CPR procedure used to commence civil proceedings involving substantial disputes of fact, initiated by filing and serving a claim form and particulars of claim.

Part 8 Procedure

The alternative claim procedure used where the claimant seeks the court's decision on a question which is unlikely to involve a substantial dispute of fact, with evidence served in written witness statements.

Litigation Friend

A person appointed to represent and conduct proceedings on behalf of a child or protected party under CPR Part 21, required before steps other than issuing a claim or applying for appointment can be taken.

Statement of Truth

A formal statement verifying the honest belief of a party that the facts stated in a statement of case, witness statement, or application are true, with potential contempt sanctions for falsehood.

Defence of Set-off

A defence raised under CPR 16.6 where a defendant relies on a monetary cross-claim against the claimant as a defence to all or part of the primary monetary claim.

General Costs Rule for Amendments (PD 17)

The principle stated under the heading of Practice Direction 17 that a party applying for an amendment will usually be responsible for the costs of and arising from the amendment.

Part 18 Request

A formal procedure under CPR Part 18 allowing a party to request written clarification or additional information from another party regarding any matter in dispute in the proceedings.

Default Judgment (CPR Part 12)

A judgment obtained without a trial where a defendant has failed to file an acknowledgment of service or a defence within the specified procedural time limits.

CPR 13.3

The discretionary rule empowering the court to set aside or vary a default judgment if the defendant has a real prospect of successfully defending the claim, or there is some other good reason.

Summary Judgment (CPR Part 24)

A summary disposal procedure where the court gives judgment on a claim or issue because the opponent has no real prospect of succeeding and there is no other compelling reason for a trial.

Track Allocation (CPR Part 26)

The court's process of allocating defended cases to the small claims track, fast track, intermediate track, or multi-track based on monetary value, complexity, and trial duration.

Costs Management Order (CMO)

An order made under CPR 3.15 recording the court's approval of the parties' agreed or revised budget costs, used as a benchmark for subsequent cost assessments on the standard basis.

Denton Three-Stage Test

The mandatory legal test for relief from sanctions under CPR 3.9: (1) assess seriousness/significance of breach; (2) consider why the default occurred; and (3) evaluate all circumstances of the case, including promptness and efficiency.

Striking Out (CPR 3.4)

The court's power to delete or dismiss all or part of a statement of case because it discloses no reasonable grounds, is an abuse of process, or fails to comply with a rule, practice direction, or court order.

The Rule in Henderson v Henderson

The procedural doctrine precluding a party from raising in subsequent proceedings claims or defences that could and should have been brought forward in earlier proceedings between the same parties.

Discontinuance (CPR Part 38)

The procedure by which a claimant abandons all or part of a claim against one or more defendants, triggering a general liability for the defendant's costs incurred up to that point.

Standard Disclosure (CPR 31.6)

A party's obligation to disclose only documents on which they rely, documents that adversely affect their own or another party's case, documents supporting another party's case, and documents required by relevant practice directions.

Specific Disclosure (CPR 31.12)

A court order requiring a party to disclose specific documents or classes of documents, or to carry out an additional search and disclose documents found as a result.

Pre-Action Disclosure (CPR 31.16)

An application made before proceedings start for disclosure of documents against a person likely to be a party to subsequent proceedings, where such disclosure may assist in resolving or disposing of the dispute.

Norwich Pharmacal Relief

An equitable disclosure order against a third party who has become innocently or otherwise involved in the wrongdoing of others, compelling disclosure of the identity of the wrongdoer or relevant information.

Legal Advice Privilege

A branch of legal professional privilege protecting confidential communications passing between a client and their lawyer created for the dominant purpose of giving or receiving legal advice.

Litigation Privilege

A branch of legal professional privilege protecting confidential communications between a lawyer or client and third parties, created for the dominant purpose of existing or reasonably contemplated adversarial litigation.

Without Prejudice Rule

A legal rule preventing bona fide statements and communications made in a genuine attempt to settle an existing dispute from being admitted into evidence before the court.

Full and Frank Disclosure

The absolute duty of an applicant making a without notice or short notice interim application to disclose to the court all material facts, including matters adverse to their own case.

Security for Costs (CPR 25.26)

An order requiring a claimant or applicant to pay money into court or provide security as a guarantee against an adverse costs order, under specific grounds such as corporate impecuniosity or asset dissipation.

American Cyanamid Principles

The leading guidelines governing the grant of interim injunctions: establishing whether there is a serious question to be tried, whether damages are an adequate remedy, and where the balance of convenience lies.

Cross-Undertaking as to Damages

A standard undertaking given by an applicant for an interim injunction promising to compensate the respondent for any loss caused by the injunction if it turns out at trial that it should not have been granted.

Part 36 Offer

A formal settlement offer governed strictly by CPR Part 36 that carries severe, predetermined costs and interest consequences if rejected and not beaten at judgment.

Calderbank Offer

A non-Part 36 offer expressed to be 'without prejudice save as to costs', offering settlement terms under general contractual principles which the court may consider in exercising its general costs discretion.

Witness Summary (CPR 32.9)

A document served in lieu of a witness statement when a party is unable to obtain a witness statement, providing the witness's name, address, and the evidence expected or matters to be questioned.

Single Joint Expert (SJE)

An independent expert instructed jointly by two or more parties under CPR 35.7 to prepare an expert report on a particular issue, furthering proportionality and minimizing trial costs.

Section 11 Civil Evidence Act 1968

The statutory provision allowing proof of a person's UK criminal conviction to be admissible in civil proceedings as evidence that they committed that offence, shifting the evidential burden.

Tomlin Order

A consent order staying court proceedings on agreed terms set out in a confidential schedule to the order, allowing enforcement without issuing a new action.

Third Party Debt Order (CPR Part 72)

An enforcement method by which a judgment creditor obtains an order requiring a third party who owes money to the judgment debtor (such as a bank) to pay that money directly to the creditor.

Sanderson and Bullock Orders

Costs orders made where a claimant successfully sues one defendant but fails against another: a Bullock order requires the claimant to pay the successful defendant and recover it from the unsuccessful defendant; a Sanderson order requires the unsuccessful defendant to pay the successful defendant directly.

Qualified One-Way Costs Shifting (QOCS)

The costs protection regime under CPR 44.13-44.16 in personal injury claims preventing successful defendants from enforcing costs orders against claimants, subject to exceptions like fundamental dishonesty.

Summary Assessment of Costs

The immediate determination and quantification of costs by the court at the conclusion of a fast track trial or an interim hearing, payable typically within 14 days unless otherwise ordered.

First Appeals Test for Permission to Appeal (CPR 52.6)

The legal threshold requiring an applicant for permission to appeal to establish either that the appeal would have a real prospect of success, or that there is some other compelling reason why the appeal should be heard.