Chapter 10

Question 1

Civil Procedure Rules (CPR)

Answer 1

• the rules (parts)
• practice directions
• pre-action protocols

Question 2

Dealing with a case “Justly and at a Proportionate Cost”

Answer 2

• ensuring parties are on equal footing
• saving expense
• dealing with cases proportionately, expeditiously and fairly
• enforcing compliance with rules

Question 3

Small Claims Track

Answer 3

claims with a value of not more than £10,000
personal injury claims where damages are not more than £1000

Question 4

Fast Track

Answer 4

claims with a value of more than £10,000 but not more than £25,000

Question 5

Multi-Track

Answer 5

cases of larger value, greater complexity or where the trial is expected to take more than one day

Question 6

Personal Injury Protocol Primarily Designed

Answer 6

• road traffic accidents
• tripping
• slipping
• workplace accidents with personal injury
• valued under £25,000

Question 7

Letter of Claim

Answer 7

• a clear summary of the facts
• details of injuries
• any financial loss incurred

Question 8

Letter of Claim Response

Answer 8

21 calendar days from the date of posting

if no response in 21 days, the claimant is entitled to issue proceedings

Question 9

Investigate the Claim

Answer 9

a maximum of 3 months

Question 10

Deny of Liability

Answer 10

reasons for denial and any documents material to the dispute

Question 11

Objection to an Expert

Answer 11

14 days after the 21-day period for responding to the letter of claim

Question 12

Protocol Referred to for Low Value Personal Injury Claims

Answer 12

pre-action protocol for low value personal injury (employers’ liability and public liability) claims

Question 13

Maximum Value for claims under the Pre-Action Protocol for low value personal injury

Answer 13

£25,000

Question 14

Main Aims of the Pre-Action Protocol

Answer 14

• ensure damages are paid without litigation
• paid within a reasonable time
• the claimant’s legal representative receives fixed costs

Question 15

Purpose of the MOJ portal

Answer 15

to facilitate low value claims (under £25,000) and benefit insurers from fixed legal fees

Question 16

CPR Protocols and Affecting Claims Handling

Answer 16

• time limits
• required information
• behaviour expected from parties

Question 17

Goal of the Civil Procedure Rules

Answer 17

to encourage the settlement of claims without litigation and ensure litigation is a last resort

Question 18

CPR Protocol Breach

Answer 18

the court can impose sanctions on the breaching party

Question 19

Part 36 Offer to Settle

Answer 19

an offer made to settle a claim that creates pressure on the other party and may lead to cost consequences if not accepted

Question 20

Documenting a Settlement Essentials

Answer 20

• clearly state the claims being settled
• ensure it’s full and final
• address any cost-sharing agreements

Question 21

Case Management Conference

Answer 21

the judge allocates the claim to a track and sets the timetable for proceedings and document disclosures

Question 22

Significance of ADR in Claims

Answer 22

• CPR encourages its use
• parties may face costs penalties for unreasonably refusing to participate

Question 23

Expert Assistance available in Claims

Answer 23

• expert advice to evaluate a claim (liability, restitution, valuation)
• expert opinion required for litigation (expert witness)

Question 24

Overriding Duty of an Expert Witness under CPR

Answer 24

to provide an independent and objective opinion to the court, overriding any duty to the party that instructs them

Question 25

Part 35 of the CPR

Answer 25

governs expert evidence

Question 26

Documents under CPR Part 31

Answer 26

• original documents
• copies
• electronic materials
• deleted data
• meta data

Question 27

Privilege in Legal Documents

Answer 27

protects documents created for legal advice from being disclosed in court

if accidentally disclosed, the court may consider that privilege has been waived

Question 28

Lord Justice Jackson Reforms 2009

Answer 28

reforms related to funding civil justice, including changes to success fees and the recoverability of costs

Question 29

Damages-Based Agreements

Answer 29

contingency fee agreements where lawyers get a share of damages but the defendant pays costs conventionally

cap on personal injury - 25%

Question 30

Conditional Fee Agreements Change 1st April 2013

Answer 30

success fees and after the event (ATE) insurance premiums are no longer recoverable from the losing party

Question 31

Qualified One-Way Costs Shifting (QOCS)

Answer 31

claimants do not have to pay the defendant’s costs if they lose, except in certain circumstances (e.g fraudulent claims)

Question 32

Why is it essential to prepare Accurate and Up-To-Date budgets under the CPR?

Answer 32

recoverable costs may be limited to the last approved or agreed budget

Question 33

Professional Indemnity Claims

Answer 33

claims made against a professional by their client for negligence or breach of contract in performing their professional duties

Question 34

Examples of Professionals who may face Professional Indemnity Claims

Answer 34

• solicitors
• accountants
• architects
• engineers

Question 35

Key Points to consider for Professional Indemnity Claims

Answer 35

• relevant policy coverage
• notification conditions
• geographically limitations
• whether the work is covered under the policy’s definition of ‘professional services’

Question 36

Losses Occuring vs Claims Made

Answer 36

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

Question 37

Information for a Professional Indemnity Claim

Answer 37

• correspondence between the claimant and insured
• witness statements
• expert evidence on professional standards
• legal advice on causation and damages

Question 38

Without Prejudice

Answer 38

it indicates that discussions or negotiations cannot be used as evidence in court if the matter proceeds to litigation

Question 39

Initial Step once Coverage Issues are confirmed

Answer 39

investigate whether the insured had legal liability to the claimant, potentially requiring expert or legal input