10 Litigating 3rd Party Liability Claims

Question 1

Where does litigation apply

Answer 1

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

Question 2

Where does litigation apply

Answer 2

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

Question 3

CPR

Answer 3

Avoids litigation and encourage arbitration + ADR

Question 4

CPR covers which juridiction

Answer 4

England & Wales

Question 5

What does CPR consist of:

Answer 5

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

Question 6

Case management judge oversees case Yes / No

Answer 6

Yes

Question 7

Small claims £

Question 8

Fast track £

Question 9

Multi track £

Answer 9

> one day + complex claims

Question 10

CPR aims to..

Answer 10

Settle quickly.
Justly
Without litigation

Question 11

Practice Direction 6

Answer 11

If not protocolthen parties exchange comms

Question 12

All protocols

Answer 12

Statement of aims
List of steps
Use of ADR

Question 13

PI protocol

Answer 13

RTA’s, trips and slips

Question 14

Low value protocol (EL&PL)

Answer 14

MOJ Portal (same as motor

Question 15

Protocols differentiate between commercial and personal claims? Yes / No

Answer 15

No

Question 16

Protocols are England & Wales only? Yes / No

Answer 16

Yes

Question 17

Early disclosure applies Yes / No

Answer 17

Yes

Question 18

Courts apply sanctions if protocols breached? Yes / No

Answer 18

Yes

Question 19

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

Answer 19

letter claim which must acknowledged promptly (FCA)

Question 20

How many days to acknowledge or request missing info?

Answer 20

21 days

Question 21

Letter of instruction to experts contains..

Answer 21

timescale and instructions

Question 22

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

Answer 22

Yes

Question 23

CPR

Answer 23

Avoids litigation and encourage arbitration + ADR

Question 24

CPR covers which juridiction

Answer 24

England & Wales

Question 25

What does CPR consist of:

Answer 25

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

Question 26

Case management judge oversees case Yes / No

Answer 26

Yes

Question 27

Small claims £

Question 28

Fast track £

Question 29

Multi track £

Answer 29

> one day + complex claims

Question 30

CPR aims to..

Answer 30

Settle quickly. Justly Without litigation

Question 31

Practice Direction 6

Answer 31

If not protocolthen parties exchange comms

Question 32

All protocols

Answer 32

Statement of aims List of steps Use of ADR

Question 33

PI protocol

Answer 33

RTA's, trips and slips

Question 34

Low value protocol (EL&PL)

Answer 34

MOJ Portal (same as motor

Question 35

Protocols differentiate between commercial and personal claims? Yes / No

Answer 35

No

Question 36

Protocols are England & Wales only? Yes / No

Answer 36

Yes

Question 37

Early disclosure applies Yes / No

Answer 37

Yes

Question 38

Courts apply sanctions if protocols breached? Yes / No

Answer 38

Yes

Question 39

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

Answer 39

letter claim which must acknowledged promptly (FCA)

Question 40

How many days to acknowledge or request missing info?

Answer 40

21 days

Question 41

Letter of instruction to experts contains..

Answer 41

timescale and instructions

Question 42

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

Answer 42

Yes

Question 43

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

Answer 43

3 months

Question 44

Conference - must lawyers be present? Yes / No

Answer 44

Yes, recommended (without prejudice)

Question 45

When can a part 36 offer be made?

Answer 45

Anytime

Question 46

If claimant is awarded less than part 36 offer then

Answer 46

adverse costs awarded against claimant

Question 47

failure to comply with judges requests =

Answer 47

adverse costs order

Question 48

Two types of experts

Answer 48

Expert advice + expert witness

Question 49

Disclosure is which part of CPR

Answer 49

Part 31 CPR

Question 50

Are privileged documents included in disclosure? Yes / No

Answer 50

No

Question 51

Jackson reforms

Answer 51

LAPSO 2012

Question 52

Part 2 of LAPSO bans...

Answer 52

recovery of success fees + CFA costs

Question 53

Are DBA's allowed? Yes / No

Answer 53

Yes

Question 54

Claimant pays any shortfall out of damages? Yes / No

Answer 54

Yes

Question 55

Are CFA / ATE fees recoverable? Yes / No

Answer 55

No

Question 56

Jududicial cost managements procedures includes..

Answer 56

sharing of cost budgets before 1st conference

Question 57

QOCS

Answer 57

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