1 - Case analysis & Investigation Flashcards
What must be established in a tort of negligence claim?
- Duty
- Breach
- Causation
- Loss
How do we establish duty in a contract for the supply of goods?
Section 14 SGA 1979: fitness for purpose, satisfactory quality, corresponds with description
How do we establish duty in a contract for the supply of services?
Section 13 SGSA 1982: implied term to supply service with reasonable care and sill
How do we establish causation?
But for test
purpose of Limitation Act 1980
C cannot recover damages after the relevant limitation period
Limitation Act - 6 years from date cause of action accrued
Tort - when the damage occurred
Limitation Act - 6 years from the breach
Contract
Can you sue in both tort and contract?
Yes - concurrent duties under Henderson v Merrett - but court will only award recovery in one
What is the first step in pre-action protocol?
C sends a Letter of Claim to D
What is the first step in pre-action protocol in professional negligence cases?
C sends a preliminary notice to D
What value of claim is usually heard in the High Court?
Claims over £100,000
What factors are considered when the case can be heard in either HC or CC?
- financial value
- complexity of facts/legal issues
- importance of outcome to the public
In which division are contract and tort claims heard in High Court?
QBD
CPR 1.1
The overriding objective: to enable the court to deal with cases justly and at proportionate cost. Should be considered at every stag of the process
What is the effect of the HRA on civil litigation?
It enshrines the ECHR rights into domestic law - courts must act in compliance
What are pre-action protocols and why do we have them?
- Set out what the parties should do before the court is involved
- There are specific protocols for certain types of claims
- Force the parties to put all the cards on the table, encouraging discussion and hopefully settle the dispute before needing to initiate court proceedings
What if the claim doesn’t have a specific pre-action protocol?
Parties must follow the Practice Direction on Pre-Action Conduct - sets a standard of behaviour for parties to follow
When do court proceedings commence?
When the claimant requests the court to issue a claim form
