Chapter 10 Flashcards
Civil Procedure Rules (CPR)
• the rules (parts)
• practice directions
• pre-action protocols
Dealing with a case “Justly and at a Proportionate Cost”
• ensuring parties are on equal footing
• saving expense
• dealing with cases proportionately, expeditiously and fairly
• enforcing compliance with rules
Small Claims Track
claims with a value of not more than £10,000
personal injury claims where damages are not more than £1000
Fast Track
claims with a value of more than £10,000 but not more than £25,000
Multi-Track
cases of larger value, greater complexity or where the trial is expected to take more than one day
Personal Injury Protocol Primarily Designed
• road traffic accidents
• tripping
• slipping
• workplace accidents with personal injury
• valued under £25,000
Letter of Claim
• a clear summary of the facts
• details of injuries
• any financial loss incurred
Letter of Claim Response
21 calendar days from the date of posting
if no response in 21 days, the claimant is entitled to issue proceedings
Investigate the Claim
a maximum of 3 months
Deny of Liability
reasons for denial and any documents material to the dispute
Objection to an Expert
14 days after the 21-day period for responding to the letter of claim
Protocol Referred to for Low Value Personal Injury Claims
pre-action protocol for low value personal injury (employers’ liability and public liability) claims
Maximum Value for claims under the Pre-Action Protocol for low value personal injury
£25,000
Main Aims of the Pre-Action Protocol
• ensure damages are paid without litigation
• paid within a reasonable time
• the claimant’s legal representative receives fixed costs
Purpose of the MOJ portal
to facilitate low value claims (under £25,000) and benefit insurers from fixed legal fees
CPR Protocols and Affecting Claims Handling
• time limits
• required information
• behaviour expected from parties
Goal of the Civil Procedure Rules
to encourage the settlement of claims without litigation and ensure litigation is a last resort
CPR Protocol Breach
the court can impose sanctions on the breaching party
Part 36 Offer to Settle
an offer made to settle a claim that creates pressure on the other party and may lead to cost consequences if not accepted
Documenting a Settlement Essentials
• clearly state the claims being settled
• ensure it’s full and final
• address any cost-sharing agreements
Case Management Conference
the judge allocates the claim to a track and sets the timetable for proceedings and document disclosures
Significance of ADR in Claims
• CPR encourages its use
• parties may face costs penalties for unreasonably refusing to participate
Expert Assistance available in Claims
• expert advice to evaluate a claim (liability, restitution, valuation)
• expert opinion required for litigation (expert witness)
Overriding Duty of an Expert Witness under CPR
to provide an independent and objective opinion to the court, overriding any duty to the party that instructs them
Part 35 of the CPR
governs expert evidence
Documents under CPR Part 31
• original documents
• copies
• electronic materials
• deleted data
• meta data
Privilege in Legal Documents
protects documents created for legal advice from being disclosed in court
if accidentally disclosed, the court may consider that privilege has been waived
Lord Justice Jackson Reforms 2009
reforms related to funding civil justice, including changes to success fees and the recoverability of costs
Damages-Based Agreements
contingency fee agreements where lawyers get a share of damages but the defendant pays costs conventionally
cap on personal injury - 25%
Conditional Fee Agreements Change 1st April 2013
success fees and after the event (ATE) insurance premiums are no longer recoverable from the losing party
Qualified One-Way Costs Shifting (QOCS)
claimants do not have to pay the defendant’s costs if they lose, except in certain circumstances (e.g fraudulent claims)
Why is it essential to prepare Accurate and Up-To-Date budgets under the CPR?
recoverable costs may be limited to the last approved or agreed budget
Professional Indemnity Claims
claims made against a professional by their client for negligence or breach of contract in performing their professional duties
Examples of Professionals who may face Professional Indemnity Claims
• solicitors
• accountants
• architects
• engineers
Key Points to consider for Professional Indemnity Claims
• relevant policy coverage
• notification conditions
• geographically limitations
• whether the work is covered under the policy’s definition of ‘professional services’
Losses Occuring vs Claims Made
losses occuring - policy covers claims arising from incidents that happen during the policy period
claims made - policy covers claims made against the insured during the policy period, regardless of when the accident occured
Information for a Professional Indemnity Claim
• correspondence between the claimant and insured
• witness statements
• expert evidence on professional standards
• legal advice on causation and damages
Without Prejudice
it indicates that discussions or negotiations cannot be used as evidence in court if the matter proceeds to litigation
Initial Step once Coverage Issues are confirmed
investigate whether the insured had legal liability to the claimant, potentially requiring expert or legal input
