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M85 > 10 Litigating 3rd Party Liability Claims > Flashcards

10 Litigating 3rd Party Liability Claims Flashcards

1
Q

Where does litigation apply

A

where insurer is claimant exercising subrogation rights or where insurer is in dispute with insured over cover

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2
Q

Where does litigation apply

A

where insurer is claimant exercising subrogation rights or where insurer is in dispute with insured over cover

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3
Q

CPR

A

Avoids litigation and encourage arbitration + ADR

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4
Q

CPR covers which juridiction

A

England & Wales

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5
Q

What does CPR consist of:

A

Rules
Practice directions
Pre-action protocols (steps before litigation)

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6
Q

Case management judge oversees case Yes / No

A

Yes

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7
Q

Small claims £

A
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8
Q

Fast track £

A
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9
Q

Multi track £

A

> one day + complex claims

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10
Q

CPR aims to..

A

Settle quickly.
Justly
Without litigation

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11
Q

Practice Direction 6

A

If not protocolthen parties exchange comms

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12
Q

All protocols

A

Statement of aims
List of steps
Use of ADR

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13
Q

PI protocol

A

RTA’s, trips and slips

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14
Q

Low value protocol (EL&PL)

A

MOJ Portal (same as motor

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15
Q

Protocols differentiate between commercial and personal claims? Yes / No

A

No

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16
Q

Protocols are England & Wales only? Yes / No

A

Yes

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17
Q

Early disclosure applies Yes / No

A

Yes

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18
Q

Courts apply sanctions if protocols breached? Yes / No

A

Yes

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19
Q

For fast track & multi track claims, the 1st notice =

A

letter claim which must acknowledged promptly (FCA)

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20
Q

How many days to acknowledge or request missing info?

A

21 days

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21
Q

Letter of instruction to experts contains..

A

timescale and instructions

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22
Q

Is cost of defending claim part of reserve? Yes / No

A

Yes

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23
Q

CPR

A

Avoids litigation and encourage arbitration + ADR

24
Q

CPR covers which juridiction

A

England & Wales

25
Q

What does CPR consist of:

A

Rules
Practice directions
Pre-action protocols (steps before litigation)

26
Q

Case management judge oversees case Yes / No

27
Q

Small claims £

28
Q

Fast track £

29
Q

Multi track £

A

> one day + complex claims

30
Q

CPR aims to..

A

Settle quickly.
Justly
Without litigation

31
Q

Practice Direction 6

A

If not protocolthen parties exchange comms

32
Q

All protocols

A

Statement of aims
List of steps
Use of ADR

33
Q

PI protocol

A

RTA’s, trips and slips

34
Q

Low value protocol (EL&PL)

A

MOJ Portal (same as motor

35
Q

Protocols differentiate between commercial and personal claims? Yes / No

36
Q

Protocols are England & Wales only? Yes / No

37
Q

Early disclosure applies Yes / No

38
Q

Courts apply sanctions if protocols breached? Yes / No

39
Q

For fast track & multi track claims, the 1st notice =

A

letter claim which must acknowledged promptly (FCA)

40
Q

How many days to acknowledge or request missing info?

41
Q

Letter of instruction to experts contains..

A

timescale and instructions

42
Q

Is cost of defending claim part of reserve? Yes / No

43
Q

How long to evaluate & resolve claim under the protocol for PI claims (& most others)?

44
Q

Conference - must lawyers be present? Yes / No

A

Yes, recommended (without prejudice)

45
Q

When can a part 36 offer be made?

46
Q

If claimant is awarded less than part 36 offer then

A

adverse costs awarded against claimant

47
Q

failure to comply with judges requests =

A

adverse costs order

48
Q

Two types of experts

A

Expert advice + expert witness

49
Q

Disclosure is which part of CPR

A

Part 31 CPR

50
Q

Are privileged documents included in disclosure? Yes / No

51
Q

Jackson reforms

A

LAPSO 2012

52
Q

Part 2 of LAPSO bans…

A

recovery of success fees + CFA costs

53
Q

Are DBA’s allowed? Yes / No

54
Q

Claimant pays any shortfall out of damages? Yes / No

55
Q

Are CFA / ATE fees recoverable? Yes / No

56
Q

Jududicial cost managements procedures includes..

A

sharing of cost budgets before 1st conference

57
Q

QOCS

A

Claimant does not pay defendant costs if loses (except part 36 + fraud)

M85 (10 decks)

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