Civil Flashcards

Question

What is early neutral evaluation/expert appraisal/expert evaluation?

Answer 1

An independent third party provides a non-binding assessment of the matters referred to it, producing an opinion which might influence the parties' conduct.

Answer 2

Through an inquisitorial process, an independent third party provides a binding assessment of the matters referred to it. The procedure is determined by the contract between the parties.

Answer 3

It is particularly suitable for disputes requiring expert, technical knowledge, but may not be suitable if the parties wish to be fully heard and there are issues of credibility.

Answer 4

An independent third party helps the parties to resolve their dispute. This term has no clear meaning - but the process is usually facilitative (like a mediation), or can be evaluative (like ENE).

Answer 5

Conciliation - which means that the nature and procedure of the ADR may have been pre-determined.

Answer 6

Maintains relationships between parties; often less expensive and quicker; privacy and confidentiality; avoids dragging clients and witnesses into litigation; ADR allows the parties to agree outcomes which are not available in court; parties have greater control over the process; the third party can be chosen by the parties.

Answer 7

Where there is an urgent need for court-granted relief; where the relationship between the parties makes it difficult to agree on anything; when the court's involvement is needed to ensure the attainment of appropriate evidence; a legal precedent needs to be established.

Answer 8

Arbitration.

Answer 9

Cost savings and protects the parties' relationship.

Answer 10

Parties will better understand each other's case, and the evidence available; parties will know whether the claim is genuine.

Answer 11

On application by the parties, the court can stay proceedings to give the parties time to settle.

Answer 12

Within the directions questionnaire

Answer 13

Any settlement negotiations; a draft settlement agreement/Tomlin order; advice to the client on settlement.

Answer 14

Yes, by the court on application of the parties. It can be extended for up to 4 weeks more.

Answer 15

The claim will be allocated to a track and/or appropriate directions given by the court for the future conduct of the claim.

Answer 16

Provide information about ADR, order a stay, request the parties' thinking regarding ADR, requiring a party to serve a witness statement if they refuse ADR explaining that decision. Parties cannot be compelled to engage in ADR.

Answer 17

Conduct of the parties; whether it was reasonable for the parties to bring/contest the claim; the manner in which the case has been pursued or defended; whether the claimant exaggerated their claim.

Answer 18

This may have cost consequences if this refusal was unreasonable.

Answer 19

The unsuccessful party has the burden of proof to show the court why it should depart from the general rule on costs, having regard to all the circumstances of the particular case (the Halsey factors).

Answer 20

The nature of the dispute; the merits of the case (the stronger, the more reasonable not to engage in ADR); the extent to which other settlement methods have been attempted; whether ADR would be disproportionally costly; whether the delay in setting up ADR would have been prejudicial; whether ADR had a reasonable prospect of success.

Answer 21

No - a party will not be penalised for failing to suggest ADR.

Answer 22

Quick (usually takes just one day) and cheap; subject to 'without prejudice' privilege; not constrained by the limits of the court's authority; maintains good personal/professional relationships; parties are very involved in the process and have their say; can narrow the issues even if it does not resolve them entirely.

Answer 23

Parties may feel that offering to mediate is a sign of weakness; it involves time and expense; success depends on the skill of the mediator.

Answer 24

They are historically hard to enforce due to a lack of certainty, however, if the parties identify a particular and well-known ADR procedure, this may be enforceable.

Answer 25

A free and confidential mediation service operated by HMCTS. All parties must indicate on the Directions Questionnaire that they agree to mediation.

Answer 26

Claims relating to road traffic accidents or personal injury.

Answer 27

Focus the parties' minds on reaching a commercial settlement; help each party to see the other's case objectively and realistically; ensure parties have considered (more expensive) alternatives to settlement; keep momentum; facilitate communication to avoid confrontation.

Answer 28

Avoid any conflict of interest or appearing to favour one side; avoid any party being pressured into mediation or settlement; keep the mediation confidential; terminate the mediation if it becomes illegal, unenforceable, or impossible; ensure the parties understand the mediation process and the meaning of any settlement reached.

Answer 29

They should choose someone with relevant knowledge of the sector or industry in which the parties operate. There are organisations which can help in finding a suitable mediator.

Answer 30

The mediator and parties will (usually) enter into a written contract.

Answer 31

To avoid misunderstanding about the mediation process; to assist the court in adjudicating on any issue of enforceability; for insurance purposes; for the mediator to exclude their own liability; to expressly deal with confidentiality.

Answer 32

Yes, if this is done by all parties (no need to get the mediator's agreement).

Answer 33

Yes, with the mediator's agreement.

Answer 34

Agreeing with the other party which documentation will be required; preparing a cross-party mediation bundle containing a case summary; exchanging position statements; preparing a confidential note to be given to the mediator (but not the other party).

Answer 35

By advising their party on the alternatives if the case doesn't settle, including prospects at trial and costs; exploring what an acceptable settlement might be; advising on who should attend the mediation (a representative who has authority to settle the matter).

Answer 36

The mediator may meet with the parties and lawyers beforehand to agree a framework for the mediation, a timetable, and directions.

Answer 37

Joint session; break out sessions; further meetings between the parties; outcomes of mediation; post-mediation.

Answer 38

Each party makes an opening statement drawing on the position statement they have prepared. Then the mediator will make an opening address dealing with things such as their role, the objectives of the mediation, procedure, and privilege/confidentiality.

Answer 39

The parties go to individual rooms and the mediator moves between them conveying any settlement offers. What can be shared by the mediator between the rooms depends on the confidentiality agreement reached. The client should play the leading role at this stage.

Answer 40

To protect the client's position, without undermining the negotiation. They should held their client identify settlement opportunities and assess risk. They should not be aggressive, but supportive and constructive.

Answer 41

To try and achieve settlement by communicating on behalf of the parties. The mediator should not give their own opinion on the matters in dispute, but encourage the parties to reflect wisely on them e.g., by challenging their assumptions. It is generally not the mediator's role to suggest settlement terms.

Answer 42

There is nothing to stop the parties engaging in negotiations directly at any point during the mediation, if they consider that this would be useful. These negotiations will be conducted by the parties themselves or through their lawyers.

Answer 43

Settlement of all issues; settlement of some issues; party(s) terminates the mediation; mediator terminates the mediation.

Answer 44

A settlement agreement will be drawn up, usually by the solicitors, recording the terms of the agreement. This will be signed by the parties, either at the meeting, or after if it is subject to the approval of people not present.

Answer 45

A settlement agreement should be drawn up dealing with those issues which have been settled. As to the remaining issues, the parties can agree to engage in future mediation, a different form of ASR, or court proceedings.

Answer 46

If a settlement agreement was reached, the parties can enforce this (if necessary) through a consent order which is treated as a court order if proceedings were started, and as a contract if they were not. If a full agreement was not reached, the court may consider if the momentum gained could be used to reach settlement in the following weeks.

Answer 47

Usually, both parties request an ENE. An independent evaluator (often a QC or retired judge) meets with the parties (usually) early on in the dispute to give a non-binding assessment of the dispute. The specific procedure from there is determined by the parties (who may agree that the evaluator determines the procedure).

Answer 48

The opinion of a mutually respected neutral party may assist future negotiations; help parties to obtain a realistic appraisal of their cases; and break deadlocked bargaining positions; quick and cheap.

Answer 49

The parties decide the procedure, which will usually involve an exchange of written submissions, supporting documentation, possibly a hearing involving advocacy and/or the examination/cross-examination of witnesses.

Answer 50

Generally, no, as it is binding, unless the expert has not complied with their instructions in some way.

Answer 51

In the courts in the same way as a contract.

Answer 52

The Arbitration Act 1996 does not apply to expert determination, and an expert carrying out an expert determination is not subject to the court's supervision.

Answer 53

The innocent party may be entitled to damages for breach of contract, or the court may stay proceedings (the burden is on the party who wants to avoid the stay to justify why the claim should be allowed to continue).

Answer 54

A document which prescribes standard pre-action conduct in all cases, irrespective of whether the case is subject to a specific pre-action protocol. If there is a conflict between the practice direction and the specific protocol, the protocol takes priority.

Answer 55

To encourage parties to resolve their dispute without involving the court, by enabling them to obtain the information they need to settle the matter at the earliest possible opportunity/lay the foundations for expeditious conduct of proceedings.

Answer 56

To attempt ADR, and to take stock of their position before issuing proceedings rather than just ploughing ahead.

Answer 57

Whether there are consequences and what kind is determined by the court. The most common consequence is a reduction in costs and/or interest. Alternatively, the court may stay proceedings until the relevant steps are carried out.

Answer 58

It considers the overall effect of the non-compliance on the other party. It is unlikely that sanctions will be imposed for minor infringements.

Answer 59

Where a limitation period is about to expire, and where there is another reason for urgent proceedings or the element of surprise e.g., a search order.

Answer 60

Issue proceedings, comply with the protocols as far as possible, and apply for a stay of proceedings to complete the procedure.

Answer 61

In personal injury claims which do not fall within another pre-action protocol and are likely to be allocated to the fast track with a value of up to £25,000.

Answer 62

The claimant should write a letter of notification to the defendant; the defendant should notify its insurer; parties should consider how to address any ongoing rehabilitation needs; claimant should write a letter of claim to the defendant; defendant should acknowledge this within 21 days and send a letter of response within 3 months of acknowledgment; the parties should disclose documents and engage in negotiations/settlement; selection of quantum expert.

Answer 63

The claimant should write a letter of claim to the defendant; the defendant should send a letter of response within a reasonable period (14+ days) either rejecting or accepting the claim, giving reasons; the parties should disclose documents and engage in negotiations/settlement.

Answer 64

Smaller, simpler matters - costs savings may not be great with these cases.

Answer 65

Flexibility, cheap, clients retain control over outcome, gives parties opportunity to be heard.

Answer 66

Parties can fail to reach an agreement, requires a somewhat amicable relationship between the parties.

Answer 67

An offer to settle, that if the other side doesn’t accept it within a certain time, there are no cost consequences (unlike a Part 36 offer).

Answer 68

You recover anything which has been reasonably and proportionately incurred and is proportionate and reasonable in amount. Any doubt is resolved in favour of the paying party.

Answer 69

You recover anything which has been reasonably incurred incurred and is reasonable in amount. Any doubt is resolved in favour of the receiving party.

Answer 70

Personal injury claims under £50,000 and all other claims under £100,000.

Answer 71

Personal injury claims equal to or over £50,000 and all other claims equal to or over £100,000. These may be issued in either court - so consider additional factors.

Answer 72

Costs, interests, counterclaim, contributory negligence, deduction of social security benefits.

Answer 73

The financial value of the claim; the complexity of the facts, legal issues, remedies, or procedures involved; and the importance of the outcome of the claim to the general public.

Answer 74

The claim may be transferred to the other court, and they may be ordered to pay the costs of the transfer. If the case continues in the High Court even though it should have been brought in the County Court, any costs awarded can be deduced by up to 25%.

Answer 75

Copies of the claim form (N1), and the court issue fee.

Answer 76

When the claim is issued in court and the court stamps the date on the document.

Answer 77

In the County Court Money Claims Centre, or, for simple claims, using ‘Money Claim Online’.

Answer 78

In the County Court Hearing Centre.

Answer 79

Claims with a value of up to £100,000 which are against no more than two defendants.

Answer 80

The defendant may respond through the online service. If the claim is defended, it will be transferred to the appropriate local county court hearing centre.

Answer 81

Claimants who are going to issue many claims can register with this company to issue claims online in bulk.

Answer 82

The claimant will be barred from recovering damages, and, on this basis, the defendant will have a full defence.

Answer 83

3 years of the latest of a) the date when the cause of action accrued or b) the date of knowledge of the person injured.

Answer 84

The claim cannot be brought if the deceased could no longer bring a personal injury claim; otherwise, 3 years from the latest of a) the date of death or b) the date of knowledge of the dependant.

Answer 85

Knowing that the injury was significant; that it was attributable (at least in part) to the alleged wrongdoing; and the identity of the defendant (or other party and additional facts supporting the claim against D).

Answer 86

Yes, if this would be equitable, having regard to the conduct of parties, the reasons for delay, and the effects of such a late claim on the evidence.

Answer 87

Not necessarily, this includes knowledge that the claimant might reasonably have been expected to acquire from an expert / facts observable / ascertainable by them.

Answer 88

Two years from the date on which the right to recover the contribution arose (the date the judgment was entered imposing liability, or if there was no judgment, the date on which the damages were agreed).

Answer 89

Negligence actions (except for personal injury) where facts relevant to the cause of action are not known at the date of accrual.

Answer 90

6 years from the cause of action, or 3 years from when the claimant had the requisite knowledge and right to bring a claim (whichever is later)

Answer 91

A long-stop limitation date of 15 years from the date of the latest negligent act.

Answer 92

Knowledge of the material facts about the damage in respect of which damages are claimed; that it was attributable (at least in part) to the alleged wrongdoing; and the identity of the defendant (or other party and additional facts supporting the claim against D).

Answer 93

The limitation period still runs, it is not relevant that the claimant does not know they can bring a claim.

Answer 94

Six years of the judgment becoming enforceable.

Answer 95

Six years after the date on which the cause of the action accrued

Answer 96

If the claimant is under a disability at the time the cause of action accrued, the limitation period starts to run from when the disability ends.

Answer 97

A person is under a disability if they are a minor or lack mental capacity.

Answer 98

The limitation does not start to run until the claimant has discovered the fraud, concealment, or mistake (or could have with reasonable diligence discovered it).

Answer 99

Claims up to £10,000 (or up to £1,000 for personal injury cases).

Answer 100

Claims up to £25,000 but which will not take longer than a day in court and only involve oral expert evidence from one expert per party in no more than two fields.

Answer 101

Claims above £25,000 which will take longer than a day in court.

Answer 102

Part 8 is a simpler alternative to the more commonly used part 7 - both used to commence claims.

Answer 103

When it seeks the court's decision on a question which is unlikely to involve a substantial dispute of fact and the procedure is not prohibited by the type of claim, OR where a rule/PD permits the use of Part 8.

Answer 104

By issuing in court and serving on the defendant a claim form and written evidence, and paying the applicable court fee. They can also file a draft order if they wish.

Answer 105

No more than 14 days after service of the claim form.

Answer 106

Written evidence.

Answer 107

Within 14 days of service of the defendant's evidence.

Answer 108

That part 8 applies; the question the claimant wants answered/the remedy they seek; any enactment the claim is being made under; whether either party is acting in a representative capacity.

Answer 109

A statement of truth.

Answer 110

Whether the defendant contests the claim, and - if they seek a different remedy to that set out in the claim form - what that remedy is.

Answer 111

They may still attend the hearing of the claim, but they may not participate (unless the court gives them permission).

Answer 112

Trick question! They do not need to file a defence.

Answer 113

By witness statements, which may have documents exhibited to them.

Answer 114

They will not be able to rely on written evidence at the hearing (unless the court gives permission).

Answer 115

Not usually, but the court can permit or require a party to give oral evidence where appropriate.

Answer 116

Not usually, but the court can also require a witness who has given written evidence to attend for cross examination.

Answer 117

The court will consider the part 8 procedure inappropriate and order the claim to continue as if the part 8 procedure had not been used.

Answer 118

By agreement between the parties (up to 14 days for defendant's evidence and 28 days for claimant's further evidence); or by application to the court.

Answer 119

By showing, in their acknowledgement of service, that there is a substantial dispute of fact, and the use of part 8 is not required or permitted by a rule or practice direction.

Answer 120

It should order that the claim continue as if part 8 were never used, and then allocate the claim to a track and give directions. The claimant may have costs sanctions imposed.

Answer 121

Refer the claim to a judge for consideration.

Answer 122

Trick question! They do not need to file particulars of claim.

Answer 123

There is not usually any disclosure of documents in a part 8 claim.

Answer 124

They are treated as if they are allocated to the multi track.

Answer 125

The full name under which the partnership did business at the time the cause of action accrued, unless it is inappropriate to do so. If the partners are being sued as individuals, then their full, unabbreviated names.

Answer 126

When it seems likely that it will be necessary to enforce the judgment against the partners' personal assets.

Answer 127

The name of the partnership at the time the cause of action accrued.

Answer 128

Commonly both the individual and trading name will be used.

Answer 129

It is a legal entity distinct from its members. It contracts on the basis that clients agree not to sue members personally.

Answer 130

The full registered name, including the suffix LLP

Answer 131

If the company is registered in England and Wales, the full registered name including the suffix (such as plc or limited).

Answer 132

Yes, if the employee has been given authorisation by the company and the court gives permission.

Answer 133

Trick question! The beneficiaries need not be added as parties.

Answer 134

Yes. The court may order the claim to proceed without a representative for the deceased, or appoint such a representative.

Answer 135

Yes. If a grant of probate or administration has been made, the claim must be brought against the personal representatives of the deceased. If it has not, it must be made against the estate and the claimant must apply to the court to appoint a person to represent the estate.

Answer 136

Children i.e., under 18s (unless the court makes an order otherwise), and protected parties i.e., those lacking capacity to conduct proceedings under the MCA

Answer 137

A party who, by reason of impairment or disturbance of the brain or mind, is unable to make the decision in question at the time it needs to be made.

Answer 138

Can the person recognise the problem they encounter, explain with sufficient clarity that problem, understand and evaluate advice, understand the effects of choosing one course of action over another, and give instructions?

Answer 139

The party's GP, psychologists, psychiatrists, family and friends.

Answer 140

Someone who represents children and protected parties in civil proceedings.

Answer 141

It is usually a relative or court-appointed person. They must be able to fairly and competently conduct proceedings; have no adverse interests to the party; and where the party is a claimant, undertake to pay any costs.

Answer 142

By a court order; application through filing and serving a certificate of suitability at the first step of proceedings; or (in the case of protected parties) appointed by the Court of Protection.

Answer 143

It must be served on the litigation friend.

Answer 144

They can issue and serve a claim form or apply for appointment of a litigation friend - but they cannot make any other application or take any other steps.

Answer 145

The opposition party may not take any further steps until the appointment of a litigation friend. Any steps taken have no effect (unless otherwise ordered by the court).

Answer 146

Their name, their status (child or protected party), and the fact of and name of their litigation friend.

Answer 147

The court's approval.

Answer 148

Part 8 procedure, and the court's approval should be requested.

Answer 149

Opinion as to quantum from counsel/solicitor, documentary evidence to support that opinion, and medical evidence (where applicable).

Answer 150

What happens to the money is determined by the court's directions. It may be invested on the party's behalf.

Answer 151

The Court of Protection is responsible for protecting the money. If incapacity ceases, party must make an application to the Court of Protection for the money to be paid out.

Answer 152

The court may give directions as to how the money is to be invested for the benefit of the child (to be paid out once the child is 18), or the money may be paid directly to the child or litigation friend (particularly if the amount is small).

Answer 153

Concise, clear, thorough, CPR-compliant.

Answer 154

This will require the permission of the court. It may have knock on consequences for other statements of case, and result in time wasted, which will lead to cost consequences.

Answer 155

The court and/or division in which the claim is proceeding, the number of the proceedings, and the full name of each party and their status.

Answer 156

Numbered paragraphs, pages numbered consecutively, numbers and dates in figures not words, references to documents filed, name of the drafter, statement of truth.

Answer 157

Whoever signed the statement of truth may have proceedings for contempt of court brought against them, if they did not have an honest belief in the truth of the statement. This can lead to sanctions within the proceedings, fines and/or imprisonment.

Answer 158

The names of the parties and their addressed; whether a party is claiming or being sued in a representative capacity; concise statement of the nature of the claim; remedy sought; amount claimed (where money is claimed).

Answer 159

The parties' addresses for service, and their addresses where they carry out business, if different.

Answer 160

The specified amount; an amount less or more than £10,000 and £25,000 for the purpose of allocation; or a statement to the effect of 'I cannot say how much I expect to recover'.

Answer 161

Whether the amount which they expect to recover for pain, suffering and loss of amenity is or is not more than £1,000.

Answer 162

A 'jurisdictional endorsement'.

Answer 163

In very simply cases, they can be included on the claim form. Otherwise, they form a separate document (attached to the claim form or served afterwards).

Answer 164

Up to 14 days after service of the claim form, so long as this is within the time limit for validity of the claim form (4 months).

Answer 165

'A concise statement of the facts on which the claimant relies' i.e., the material facts which, if proved, would entitle the claimant to the remedy they seek.

Answer 166

Aggravated damages, exemplary damages and/or provisional damages, giving the grounds for claiming them.

Answer 167

The claimant's date of birth, details of his/her injuries, a schedule of past and future expenses losses, and the report of any expert medical practitioner.

Answer 168

The land must be identified and it should be made clear whether that land includes residential premises.

Answer 169

The words spoken, by whom, to whom, when and where.

Answer 170

The conduct relied on and by whom, when and where the acts were done.

Answer 171

If the claimant seeks interest, either the exact amount of interest claimed where the claim is specified (including the applicable percentage, dates, total amount claimed up until service, and daily interest thereafter) or a general claim for interests where the claim is unspecified.

Answer 172

The specific interest claimed for the specified claim and a general claim for the unspecified claim. Alternatively, you may say that the combined claims produce an unspecified total, and so make a general claim for the entire sum.

Answer 173

It is either set out in the contract between the parties, or in either the Senior Courts Act 1981 (High Court) or the County Courts Act 1984 (County Court)

Answer 174

Duty, breach, causation and loss.

Answer 175

A summary of the remedies sought by the claimant.

Answer 176

If damages over £200 are awarded, some interest must be awarded unless there are special reasons for not doing so.

Answer 177

If the defendant pays the whole debt during the proceedings, some interest must be awarded.

Answer 178

Either the court or the claimant/claimant's solicitor.

Answer 179

Service will usually be by first class post. Once service has been effected, the claimant will be sent a notice of the deemed date of service. If service cannot be effected for some reason, the claimant will be informed and they will have to serve the claim form.

Answer 180

When issuing the claim form, the claimant must notify the court that it intends to serve it. The court will give the claimant the issued claim form. The claimant will serve that claim form on the defendant, and file a certificate of service at court with 21 days (unless all defendants have acknowledged service by then).

Answer 181

Details of the date on which the claim was posted/ delivered/ transmitted and the method and address used

Answer 182

Service may be invalid and the claimant may be unable to obtain judgment or enforce any judgment obtained.

Answer 183

Serving it personally on D; leaving the document at a permitted address; first class post to a permitted address; posting the claim form to a permitted address using document exchange; fax (if D has indicated they will accept this); and other electronic methods e.g., email (if D has indicated they will accept this).

Answer 184

If the defendant gives their solicitor's address for service, use that. If the defendant gives an address at which they reside or carry on business for service, use that. Otherwise, send it to their usual or last known residence / their principle or last know place of business.

Answer 185

You physically leave the document with the defendant wherever they are in the jurisdiction. If the defendant is a company, leave it with "a person holding a senior position within the company”.

Answer 186

The 'relevant step' must be completed before midnight on the calendar day 4 months after the date of issue of the claim form.

Answer 187

Leaving the claim form with the defendant.

Answer 188

Posting the claim form / leaving it with the DX service.

Answer 189

Completing the transmission.

Answer 190

Sending the email O.E.

Answer 191

The claim will fail automatically. If the claimant wants to pursue the claim, they will have to issue a new claim and pay the court fee again.

Answer 192

Yes, but its very hard to get the court to allow this.

Answer 193

They should apply within the 4 month time limit, and show good reasons for the extension. If they apply outside the 4 months, this will only be accepted if the application is made promptly, and it is the court that failed to serve or the claimant took all reasonable steps to comply.

Answer 194

A response pack (N9) containing a form for admission, a form for defending, and a form for acknowledging service.

Answer 195

Yes, if they agree this with the defence or apply to the court for an extension.

Answer 196

File a copy of the particulars at court with 7 days.

Answer 197

The same 6 methods.

Answer 198

The second business day after the completion of the 'relevant step'.

Answer 199

If sent before 4.30pm on a business day, the same day. Otherwise, the next business day.

Answer 200

If sent on a business day, the second day after posting. Otherwise, the next business day.

Answer 201

The claimant can apply for judgment in default.

Answer 202

To give them more time to file the defence, or to dispute that the court has jurisdiction to hear the claim

Answer 203

14 days after service of the particulars of claim (whether attached to the claim form or not)

Answer 204

Confirmation of the defendant's name, an address for service of documents, whether they intend to defend all or part of the claim, whether they intend to contest the court's jurisdiction.

Answer 205

If service is not acknowledged, 14 days after service of the particulars of claim. If it is, 28 days.

Answer 206

Where the claim form is served/needs to be served overseas; where the court's jurisdiction is disputed; where, before the defence is filed, the claimant applies for summary judgment.

Answer 207

Up to 28 days

Answer 208

Through application to the court. The court will consider the overriding objective, any reasons for the extension, and the impact of the extension on the conduct of the claim.

Answer 209

They should file a defence stating this. The court will then notify the claimant of this and ask if this is correct. The claimant must respond within 28 days, and serve a copy of this on the defendant. If the claimant does not accept this, the claim can proceed.

Answer 210

The day on which the time period begins is never included; if the end of the period is defined by reference to some event, the day of that event is never included; and if the period is 5 days or less, any weekends and bank holidays are not included.

Answer 211

If the deadline requires doing something at a court office and ends on a day that the court office is closed, the deadline if treated as the next day the office is open.

Answer 212

After 6 months, the court will impose an automatic stay. Any party can apply for this to be lifted, and will have to explain reasons for the delay.

Answer 213

The court can make an order to dispense of all statements of case other than the claim form e.g., where there is no dispute of fact.

Answer 214

Admit it, deny it, or put it to proof.

Answer 215

A response to each allegation made by the claimant, the defendant's own case, the defendant's address for service (unless service was acknowledged) and where the defendant resides or conducts business.

Answer 216

There can be cost consequences if the allegation was non-controversial or not disputed.

Answer 217

Yes - you cannot make a 'bare denial'.

Answer 218

They will be deemed to admit it.

Answer 219

In money claims, it is always understood that the defendant does not admit the amount claimed, unless this is specifically stated.

Answer 220

Where the defendant claims money owed by the claimant as a partial or complete defence to the claim. If both parties are successful in their claims, the set-off extinguishes that value of the claim.

Answer 221

An optional statement of case served by the claimant to allege facts in answer to the defence which were not included in the claim.

Answer 222

Generally, they are not. The court's permission is required to do so.

Answer 223

To clarify or gain additional information in relation to any matter which is in dispute.

Answer 224

There are no set time limits - but in multi-track claims, time limits will usually be set in the first case management conference.

Answer 225

It should do so on a voluntary basis, only making an application to the court if this is unsuccessful. The party seeking the information serves a written request on the other party setting a reasonable time limit for a response. If applying to court, they should make an interim application

Answer 226

That which is reasonably necessary and proportionate to enable the requesting party to prepare its own case or understand its opponent's case.

Answer 227

Through a written, dated, and signed response with a statement of truth which is sent to the other party and filed at court. If they object to the request, they must say so and give reasons e.g., that the request is about matters that are irrelevant, disproportionate, not reasonably necessary or privileged.

Answer 228

Evidence or arguments about law.

Answer 229

A judgment granted in the claimant's favour without trial if the defendant does not response to the claim within the time limits.

Answer 230

Claims for delivery of goods regulated by the Consumer Credit Act 1974; part 8 claims; and any other claim stated by a PD.

Answer 231

The time limit for serving acknowledgment of service/a defence has expired, the claim has not been admitted, D has not made an application for strike out or summary judgment.

Answer 232

In money claims for specified sums, C must request judgment and the application for the amount sought will be dealt with on paper. In money claims for unspecified sums, C must request judgment and the application will be dealt with on paper, and a hearing will be set for determining the sum owed. Non-money claims can't be decided on paper, and so the claimant must apply for a hearing.

Answer 233

Only if the claims can be dealt with separately. Otherwise, the court will deal with the application at the same time as it disposes of the claim against the other defendants (at trial).

Answer 234

The defendant, or the court of its own motion, to avoid injustice.

Answer 235

Where the judgment was wrongly entered, due to the time limit not having expired, the AoS/defence having been filed in time, summary judgment/strike out having been applied for, or the defendant having admitted or satisfied the claim.

Answer 236

Where the judgment was correctly entered, but the defendant has a real prospect of successfully defending the claim, or there is some other good reason why judgment should be set aside.

Answer 237

Whether the application was made promptly.

Answer 238

Arguing that the case should have been commenced in a different jurisdiction, or referred to arbitration instead.

Answer 239

To extend/shorten the time for compliance with a rule or court order; adjourn hearings or bring them forward; require a party or their lawyer to attend court; stay proceedings; order a party to serve a costs budget.

Answer 240

Yes, the court has the power to make an order of its own initiative. If it does this without holding a hearing, the order must give the parties the opportunity to set aside, stay, or vary the order. The time limit for this is that specified in the order, or otherwise, 7 days.

Answer 241

Those which are inadequately drafted or are otherwise an abuse of the court process.

Answer 242

The defendant, or the court of its own motion.

Answer 243

As soon as possible and preferably before allocation

Answer 244

(a) no reasonable grounds for bringing or defending the claim, (b) statement of case is an abuse of the court's process, (c) failure to comply with a rule, practice direction, or court order.

Answer 245

Either immediately, or automatically in the event of non-compliance with the other (in which case the order must specify the time frame within which the act must be done).

Answer 246

Generally, yes, by agreement of the parties. Unless, the rule, PD or court order requires a party to do something within a specific time and specifies the consequences for failure to comply (in which case the parties can agree an extension of up to 28 days in writing before the deadline, so long as this doesn't put any hearing at risk).

Answer 247

The need to conduct litigation efficiently and at a proportionate cost; the need to enforce compliance with rules, PDs, and court orders.

Answer 248

1. Assess the seriousness and significance of the breach; 2. consider why the default occurred; 3. consider all the circumstances of the case to deal with it justly, particularly CPR 3.9

Answer 249

Where it has imperilled future hearing dates or otherwise disrupted the conduct of litigation.

Answer 250

Where a deadline is looming and a party realises that it is not going to be able to comply with that deadline, so it make an in-time application for relief from sanctions.

Answer 251

An order that sanctions will be imposed unless the party does something.

Answer 252

An application made before trial, usually in the period between the commencement of proceedings and trial.

Answer 253

Time extension, amend a statement of case, require further information, request specific disclosure, seek permission to rely on expert evidence.

Answer 254

As soon as it becomes apparent that it is necessary or desirable to make the application.

Answer 255

File an application notice (N244) at the court at which the claim is (or is likely to be) being dealt at, pay the court fee, submit supporting evidence, file a draft order. Once this has been issued at court, serve the N244, note from the court indicating the date and time, evidence, and draft order on the other party.

Answer 256

Who is making the application, what order they seek, why they seek it, the information they rely upon.

Answer 257

In the application notice, referring to the statements of case, witness statement.

Answer 258

As soon as practicable after it is filed, and in any event, at least 3 days before the court is to deal with it.

Answer 259

They must file evidence in the form of a witness statement and serve it on the court as soon as possible.

Answer 260

As soon as possible.

Answer 261

Both parties must file and exchange statements of costs not less than 24 hours before the hearing.

Answer 262

Usually through a hearing, which could take place over the phone or video conference. However, a hearing is not required if the parties agree to the terms of the order, and the parties/court think that there should be no hearing.

Answer 263

Making an interim application without giving the other party notice. The application is prepared and issued at court, but it is not served and the respondent has no opportunity to respond to it or to appear at the hearing. This is an exceptional procedure.

Answer 264

There is exceptional urgency, the overriding objective supports doing so, all parties consent, the court gives permission, a court order, rule or PD permits, or a party wishes to make an application at a hearing already fixed and doesn't have time to serve notice.

Answer 265

The applicant musty draw the court's attention to arguments/evidence supporting the (absent) respondent's case; the applicant must serve the application notice, evidence and order on the respondent as soon as possible after the hearing; and the respondent has a right to apply to set aside or vary the order, if made within 7 days of the order having been served on them.

Answer 266

The applicant has no real prospect of succeeding on their claim or defence, and there is no other compelling reason why the case should be disposed of at trial.

Answer 267

The claimant after the defendant has filed an acknowledgment of service or defence, the defendant any time after proceedings have commenced, and the court of its own initiative.

Answer 268

At least 14 days before the hearing.

Answer 269

At least 7 days before the hearing.

Answer 270

At least 3 days before the hearing.

Answer 271

An order entered where the court has decided that the respondent may succeed but that this is improbable, and so they will only be able to continue subject to conditions e.g., having to pay money into the court.

Answer 272

At the end of interim applications and at the conclusion of the trial as a whole.

Answer 273

The figure of costs awarded by the court which one party has to pay to the other.

Answer 274

Costs that a non-party is ordered to pay where this is just e.g., the non-party is funding the litigation and controls or at any rate is to benefit from proceedings.

Answer 275

Whether costs are payable, by whom, in what amount, and when.

Answer 276

'Costs follow the event' i.e., the unsuccessful party pays the successful party's costs

Answer 277

The conduct of the parties including in relation to ADR/offers to settle; whether a party has succeeded only on some issues/part of the claim.

Answer 278

No - it will be more like 60% on the standard basis and 70-80% on the indemnity basis.

Answer 279

Where there is some element of a party's conduct which deserves some mark of disapproval.

Answer 280

Costs which bear a reasonable relationship to the sums in issue in the proceedings, the value of any non-monetary relief, the complexity of litigation, any additional work generated by the conduct of the paying party, any wider factors such as reputation or public importance.

Answer 281

The conduct of the parties; the complexity of the matters; the place where and circumstances in which the work was done; the agreed budget.

Answer 282

Within 14 days of the date of the judgment if it states costs, or the date of the certificate which states the amount, if decided later.

Answer 283

Fixed costs are costs where the amount is automatically determined by the rules, which apply in uncontested disputes, enforcement proceedings, and small claims (unless the court orders otherwise).

Answer 284

Either a summary assessment or detailed assessment must be carried out.

Answer 285

An assessment of costs which takes place at the end of fast-track hearings/interim hearings which has lasted no more than one day. The judge will review the parties' statements of costs and short submissions, and make a decision on costs.

Answer 286

Prepare statements of costs (Form N260) and file and serve them on each party not less than 24 hours before the hearing.

Answer 287

On deciding that one party will pay the other's costs, the judge orders detailed assessment. The receiving party serves a notice of commencement and bill of costs on the paying party, who serves any points of dispute back within 21 days. If the parties cannot reach an agreement, the receiving party files a request for a detailed assessment hearing at which a costs officer will decide.

Answer 288

The party in whose favour this order is made is awarded its costs, irrespective of who eventually wins at trial.

Answer 289

The party who eventually wins at trial will recover its costs from the interim hearing.

Answer 290

The decision as to who pays costs for the interim hearing is postponed to a later occasion. If no decision is later made, costs will be in the case.

Answer 291

If the order is for claimant's costs in the case and the claimant wins at trial, their costs will be paid by the defendant. If the claimant loses at trial, they will not have to pay the defendant's costs (and vice versa).

Answer 292

If a judgment or order is set aside, the party in whose favour this order is made is entitled to costs resulting from the judgment or order being set aside.

Answer 293

The party must pay costs for something they have done e.g., amending their statement of case.

Answer 294

The party in whose favour this order is made is entitled to costs for the present proceedings and those in any lower court.

Answer 295

Each party bears its own costs for the present hearing.

Answer 296

A party can't recover more in costs than they are liable to pay in relation to litigation.

Answer 297

A case management document which the court directs should be filed after a claim is defended. It helps the court to determine which track to allocate the case to.

Answer 298

If someone signs and hands over a cheque, a legally binding contract has been created and they must honour the debt. So, if they later find a defect in the goods, they are unlikely to be able to reclaim this.

Answer 299

At the same time as the defence is filed. If it is made afterwards, permission of the court is needed.

Answer 300

No, except that the parties must be acting in the same capacities in both claim and counterclaim. If the court does not think they should be heard together, it can strike out or separate the counterclaim.

Answer 301

Where a claim is made for the price of services, the defendant can set off a claim for defective services; where a seller sues for the price of goods sold and delivered, the buyer can set off for breach of terms as to quality; where it would be manifestly unjust to allow enforcement of one claim without taking into account the set-off (equitable set-off).

Answer 302

In the defence part of the defence and counterclaim.

Answer 303

They must either admit it or defend it. If they defend it, they don't have to acknowledge service, but they must file a defence within 14 days of service of the counterclaim.

Answer 304

The defendant may seek judgment in default in relation to the counterclaim.

Answer 305

It should be filed with the directions questionnaire, included with the defence to counterclaim if there is a counterclaim.

Answer 306

Parties are notified by the court that this needs to be done, and given at least 14 days notice.

Answer 307

They must respond by admitting it or defending it. However, if they do not respond, default judgment is only available where the additional claim was a counterclaim.

Answer 308

There must be some connection between the claimant and third party (otherwise separate claims would be brought). If there is, the third party must be joined to the main claim as a third party.

Answer 309

A right of someone to recover from a third person all or part of the amount which he himself is liable to pay.

Answer 310

A right of someone to recover from a third person the whole amount which he himself is liable to pay’ i.e., 100% contribution.

Answer 311

CPR 20.6 - after having acknowledged service or filed a defence, they would file a contribution notice with the court (if the court's permission is required) and/or serve that notice on the party.

Answer 312

Not if it's filed at the same time as the defence.

Answer 313

Not if it's filed at the same time as the defence (or, if the party was added to the claim later, within 28 days of that party serving their defence).

Answer 314

Not if it's filed at the same time as, or before, the defence. If you don't have the court's permission, the claim form should be served on the party within 14 days of it being issued.

Answer 315

They become a party to proceedings.

Answer 316

A response pack, a copy of every statement of case, and a copy of any other document the court directs.

Answer 317

To save time and costs and to avoid duplication of evidence and inconsistent judgments.

Answer 318

Where there is not a substantial connection between the original proceedings and the proposed additional claim.

Answer 319

The court holds a hearing to either dismiss the additional claim or make directions as to how it should be dealt with.

Answer 320

The original claimant and defendant should always remain as such, while additional parties should be referred to in the order in which they joined e.g., 'third party' 'fourth party'.

Answer 321

If you've added a party or claim, your knowledge has changed, or there is a drafting error.

Answer 322

The party making the application.

Answer 323

Yes, if the amendment is happening after the document has been served, and all parties do not give their written consent to amend the document.

Answer 324

File an application notice with the court along with a copy of the proposed amended statement of case. This application can be dealt with at a hearing or on written submissions (if all parties agree to this).

Answer 325

File the amended statement of case within 14 days of the order granting amendment, and serve a copy on each party to proceedings.

Answer 326

Yes, if the substance of the statement is changed by reason of the amendment.

Answer 327

Where doing so furthers the overriding objective. The court will not give permission where the amended statement has no prospect of success (being implausible, self-contradicted, un-evidenced). If the amendment is made close to trial, the court will consider any unfairness/delay this will cause.

Answer 328

Give a good explanation as to why they didn't apply sooner (e.g., caused by late disclosure or new evidence); explain why justice is furthered in terms of their position and their opponent's position by the amendment; and show the strength of their case.

Answer 329

Where doing so would be 'desirable' in terms of the overriding objective and policy objective of enabling parties affected to be heard.

Answer 330

The party's if they are being added as a claimant, and the court's if a party is being added, removed, or substituted (unless the claim form has not yet been served).

Answer 331

Generally, no. However, there are a number of exceptions to this rule.

Answer 332

In a personal injury action where the court directs that the limitation period will not apply; where the new cause of action is an original set-off or counterclaim; where the new cause of action arises out of the same facts or substantially the same facts as are already in issue in the original claim.

Answer 333

An amendment adding a new duty or obligation on the part of a defendant/claimant as opposed to one which adds facts or particulars which clarify a duty or obligation already alleged.

Answer 334

Under CPR 19.5 where the limitation period was current when the proceedings started, and the additional is 'necessary'; under CPR 17.4 to correct a mistake as to the name of a party (which causes no reasonable doubt as to the identity of the party), and amend the capacity in which a party acts.

Answer 335

Where the new party is to be substituted for a party mistakenly included on the claim (but adequately described); the claim cannot properly be carried on; or the original party has died/had a bankruptcy order made against him and the new party adopts interest/liability.

Answer 336

The test is: has the intended defendant been identified in the statements of case ‘by reference to a description more or less specific to the particular case’? (the mistake is in name only rather than a whole new legal identity). If yes, the amendment may be permitted by the court.

Answer 337

The original text need not be included; amendments can be included using a colour or numerical code; if colour coding is used, the colours for successive amendments are red, green, violet, and yellow; must be verified by the appropriate endorsement and a statement of truth.

Answer 338

An application made by a person in the position of defendant who is concerned that the claimant will not be willing / able to pay the defendant’s costs (NOT damages) should the claim be successfully defended. Generally, the claimant will pay an amount into court which is then available.

Answer 339

A defendant (generally), or a claimant in respect of a counterclaim, or a third party in respect of a part 20 additional claim.

Answer 340

It is just to make an order, and one or more of the prescribed conditions are satisfied.

Answer 341

The claimant is resident outside of the jurisdiction, in a country which is not bound by the 2005 Hague convention (NOT the UK, EU, Mexico, Singapore, Montenegro).

Answer 342

The claimant is a company and there is reason to believe it will be unable to pay the defendant’s costs if ordered to do so.

Answer 343

The claimant has taken steps in relation to its assets that would make enforcement of a costs order against it difficult.

Answer 344

Claimant has changed address with a view to evading the consequences of litigation; the claimant failed to give an address in the claim form; claimant is acting as a nominal claimant and there is reason to believe it will be unable to pay the defendant's costs.

Answer 345

It will consider the ability of the respondent to comply with any order for security for costs - it is unlikely to make an order which C cannot comply with. It will also consider whether the claim is bona fide, whether C has a reasonably good prospect of success, whether D admits that money is due, whether the application for security was being used oppressively, whether the claimant's lack of means was caused by the defendant, whether the application was made at a late stage in proceedings.

Answer 346

The normal rules relating to interim applications apply. The application notice must state which ground(s) applies and be supported by evidence, usually witness statements.

Answer 347

The amount is entirely at their discretion, they will award an amount they deem just, taking into account the amount of D's likely costs; whether the order covers past and future costs; the likely reduction in costs if the parties settle; any delay.

Answer 348

A payment into court (most common), a payment to the defendant's solicitor, a bank guarantee, an undertaking to pay costs.

Answer 349

An order of the court requiring a party to do or to refrain from doing a given act.

Answer 350

An injunction issued at an early stage of proceedings (before trial, and/or before the final judgment is made) to stop the respondent from continuing the conduct that led to the dispute.

Answer 351

An injunction which continues indefinitely.

Answer 352

An injunction which request the respondent to refrain from doing an act.

Answer 353

An injunction which requires the respondent to do a specific act.

Answer 354

Combined prohibitory and mandatory injunction where a wrong has been threatened but not yet committed e.g., an injunction to keep a business open.

Answer 355

When it is just and convenient (taking into account the American Cyanamid guidelines).

Answer 356

1. is there a serious question to be tried? (the injunction is not frivolous or vexatious) 2. would damages be an adequate remedy for a party injured by the court's grant of or failure to grant an injunction? 3. where does the balance of convenience lie?

Answer 357

Where damages would be inadequate for both parties, the court will consider whether granting or not granting the injunction carries the lesser risk of injustice.

Answer 358

It is equitable and discretionary.

Answer 359

The application must be made in accordance with the general procedure for interim applications, and supported by evidence. If made without notice, it must explain why this is.

Answer 360

The applicant makes an offer to pay damages to the respondent if it is subsequently held that the interim injunction ought not to have been granted.

Answer 361

If the application is made without notice and the injunction is granted, it will be granted initially for a limited period only and the court will fix a second hearing called the 'return date'. The applicant must prepare a note and serve it on the respondent prior to this hearing. At this hearing, the respondent can make representations, and the court will re-assess the injunction.

Answer 362

Yes, in cases of exceptional urgency. The applicant must promise to issue a claim form immediately.

Answer 363

The court giving directions and managing the progression of a case.

Answer 364

The defence is filed. Then the court sends the parties a notice of proposed allocation. The the parties file directions questionnaires, and proposed directions (in the fast and multi tracks). From these, the court will allocate the claim to a track and serve notice of this with a copy of the DQs, giving directions/ fixing a case management conference to consider directions.

Answer 365

The parties to file and serve a costs budget 21 days before the CMC, and agreed budget discussion report setting out the extent to which parties have agreed budgets 7 days before the CMC.

Answer 366

Parties must confirm in the questionnaire whether they have complied with any pre-action protocols. If they have not, they must explain why.

Answer 367

The parties can request to stay proceedings to allow the parties to attempt settlement. Legal representatives must confirm in the DQ that they have advised their client about the need to settle.

Answer 368

What type of disclosure order is needed.

Answer 369

Parties must name the witnesses (including experts) that it would like to call to trial and detail what it hopes they will help that party to prove.

Answer 370

The parties must estimate the time needed for the trial, consulting counsel.

Answer 371

In multi-track cases which fall within automatic costs management, the parties will need to file a costs budget with the DQ.

Answer 372

If the case has been provisionally allocated to the fast or multi track, parties must attempt to agree directions and attach these proposed directions at least 7 days before any CMC, whether they managed to reach an agreement or not.

Answer 373

It can order a party to provide further information about the case, or (rarely) hold an allocation hearing.

Answer 374

The financial value of the claim. This confirms the 'normal track'.

Answer 375

The nature of the remedy sought; the complexity of the facts/law/evidence; the amount of oral evidence required; the number of parties; the importance of the claim to third parties etc.

Answer 376

There are fixed costs, which are very limited (so usually, parties won't pay each other's costs)

Answer 377

The small claims track.

Answer 378

Parties file and serve documents they intend to rely on no later than 14 days before the hearing (disclosure); bring original documents to the hearing; state the hearing date and length; the court must be informed if the parties settle.

Answer 379

It will give directions in less complex cases/where the parties have agreed directions. Otherwise, it will hold a CMC.

Answer 380

A hearing intended to ensure that the real issues between the parties are identified, understood and narrowed if possible.

Answer 381

They must be familiar with the case and have the authority to deal with issues that arise.

Answer 382

Both the parties (when drafting their proposed directions) and the court must use the Ministry of Justice's standard directions as a starting point, adapting them to the circumstances of the particular case.

Answer 383

No - not if the parties have agreed all directions in their proposed directions and the court is satisfied with them.

Answer 384

In cases allocated to the multi-track, both parties must prepare disclosure reports not less than 14 days before the CMC.

Answer 385

Brief descriptions of what relevant documents exist or may exist; where these documents may be located; how any electronic documents are stored; an estimate of the cost of standard disclosure; which disclosure direction is to be sought.

Answer 386

They are short documents prepared by claimants including a chronology, issues in dispute, and the evidence needed, to assist the court in understanding the case. Parties in the multi-track must consider whether one will be useful at the CMC.

Answer 387

No - in complex cases they can take place throughout the case to assess how it is progressing and make further directions.

Answer 388

Fast and small claim tracks; claims commenced after 2014 where the amount claimed is/the claim is valued at £10 million or more, or the amount is not quantified; claims commenced after 2016 made by a person under 18; claims subject to fixed costs or scale costs.

Answer 389

Generally, it applies in multi-track claims. However, the court can apply the scheme where it would not normally apply, or disapply it where it would normally apply.

Answer 390

A provisional indication of what should be considered reasonable and proportionate costs made in light of the budget and budget discussion reports. It records the parts of the budgets agreed between the parties, and sets a budget for the parts which are not agreed.

Answer 391

It reviews the budgets and budget discussion reports of the parties, and makes directions and possibly a costs management order in light of these.

Answer 392

An estimate of the reasonable and proportionate costs (including disbursements) which a party intends to incur in the proceedings.

Answer 393

With the DQ where the claim is less than £50,000 and otherwise 21 days before the CMC.

Answer 394

They are not tied to the budget - what the solicitor asks for in payment may be more than is claimed in the budget for solicitors fees, as these must be reasonable and proportionate.

Answer 395

The figures which are agreed and not agreed for each phase of the litigation, and a brief summary of the grounds of dispute.

Answer 396

Usually at the first CMC, though a separate hearing can be convened solely for the purpose of costs management.

Answer 397

Where a costs management order was made, the court will not depart from this (i.e., award a greater sum to be recovered) unless there is good reason to do so. If there was no CMO, if there is a difference of 20% or more between the costs claimed and in the budget filed by that party, that party must provided a statement of reasons for the difference and the court may reduce the recoverable sum.

Answer 398

Yes, if significant developments in the litigation warrant this. If so, the amended budget must be submitted to the other party for agreement if possible, and then to the court for consideration. A budget cannot be revised simply to correct inaccuracies in the original.

Answer 399

They will be treated as having filed a costs budget comprising only the applicable court fees (a tiny proportion of what they will spend!!)

Answer 400

The normal, formal rules of evidence do not apply at trial.

Answer 401

A personal injury claim.

Answer 402

Documentary evidence which each party relies on and which is adverse to their own position.

Answer 403

Telling another party that a document exists or has existed.

Answer 404

Allowing the other party to look at a document (or a copy of it) which has been disclosed.

Answer 405

To request a copy of the document.

Answer 406

On allocation (for small claims and usually fast track claims) or at a case management hearing (for multi-track claims).

Answer 407

Standard disclosure, ordered on allocation.

Answer 408

Parties will complete a disclosure report and file and serve this not less than 14 days before the first CMC. Then, the parties will discuss their respective reports and try to come to an agreed draft disclosure order, which they will serve on the court not less than 7 days before the CMC, with the aim of the court granting it.

Answer 409

A document used by parties where there are electronic documents to be disclosed.

Answer 410

By dispensing with the need to search for documents, requiring disclosure only in relation to certain issues, or requiring disclosure in stages.

Answer 411

Where it contains a modification, obliteration or other feature which itself satisfies the test for standard disclosure, or the party no longer has the original in its control.

Answer 412

Until proceedings are concluded.

Answer 413

Generally no. Unless the document has been referred to at a public hearing; the court gives permission; or the party who did the disclosing and the person to whom the document belongs agree to this.

Answer 414

The party must disclose all documents within their control that they rely upon, are adverse to their case or another party's case, support another party's case, or are required to disclose by a practice direction.

Answer 415

Anything which records information e.g., digital recordings, emails, photos, texts, voicemails, metadata.

Answer 416

Control is defined widely and includes documents in (or was in) the physical possession of the party; documents the party has (or had) a right to possess; and documents the party has (or had) a right to inspect or take copies of.

Answer 417

No - not unless they are relied on or support or undermine a party's case.

Answer 418

It must make a reasonable search for documents which are adverse to a party's case or which are required to be disclosed by a practice direction.

Answer 419

It depends on the number of documents involved, the nature and complexity of proceedings, the difficulty/expense involved in retrieving any document, and the significance of any document likely to be found. The court will also take into account the overriding objective.

Answer 420

By each party making a list of the documents and stating which they have control of, and which they object to the party inspecting. This list is then served on the other party.

Answer 421

No - they can be grouped and described generically e.g., correspondence between the defendant and their solicitor.

Answer 422

Apply to court to challenge this. The burden is on the party claiming privilege to prove it.

Answer 423

The statement at the end of the list of documents for disclosure which sets out the extent of the search made, states that the party understands its duty to disclose and has carried out that duty, includes details of documents the inspection of which the party considers disproportionate, and is signed.

Answer 424

They will be prevented from doing so, unless the court gives permission.

Answer 425

They will be liable for contempt of court, and proceedings may be brought, resulting in a fine or imprisonment.

Answer 426

Supplemental lists must be prepared with the new documents and served.

Answer 427

Where the document is no longer in the disclosing party's control; where inspection would be disproportionate; and where the document is privileged.

Answer 428

Legal advice privilege, litigation privilege, and without prejudice communications.

Answer 429

Blanking out parts of a document.

Answer 430

If there is a clear and distinct part of the document which attracts privilege but the rest does not; and if the information is totally irrelevant to the dispute.

Answer 431

The redacted version is listed in the first part and is available for inspection, and the original version is listed in the second part and inspection is refused.

Answer 432

A party can choose to allow inspection of a privileged document if it considers that this will help its case.

Answer 433

It will lead to waiver of privilege over the entire document in question, and may lead to waiver over other documents where it would be unfair to not disclose them along with the document in question.

Answer 434

Yes, they can inspect document referred to in a statement of case, a witness statement, a witness summary, an affidavit and (subject to certain restrictions) an expert's report. This may take place even before the disclosure stage of proceedings.

Answer 435

If a party wants to inspect a document or receive a copy of it, it must send a written notice of this to the other side, who must allow inspection/provide a copy within 7 days of receipt of the request.

Answer 436

That party may not rely on the document, unless the court gives permission.

Answer 437

A document which is a confidential communication between a lawyer and a client and was prepared for the dominant purpose of giving or receiving legal advice.

Answer 438

A document which is a confidential communication which passed between the lawyer and his client or between one of them and a third party, where the dominant purpose in creating the document is to obtain legal advice, evidence or information for use in the conduct of litigation which was at the time reasonably in prospect.

Answer 439

A document whose purpose is a genuine attempt to settle a dispute.

Answer 440

An order that a party discloses documents, carries out a search for documents, and/or discloses any documents located as a result of that search.

Answer 441

It can be made at any time after proceedings have been issued. In practice, it will usually be after standard disclosure has occurred.

Answer 442

All of the circumstances of the case; the overriding objective; and whether the party against whom disclosure is sought has failed to adequately comply with obligations imposed by a previous disclosure order.

Answer 443

The application must specify the order sought, listing the documents sought, and be supported by evidence (usually in the form of witness statements).

Answer 444

An order that a party permit inspection of a document which has been disclosed, but the disclosing party alleges it would be disproportionate to allow inspection.

Answer 445

The court has the power to order a party to disclose documents before proceedings have commenced.

Answer 446

Where the applicant and respondent are likely to be parties to subsequent proceedings, the respondent's duty of standard disclosure would included the documents sought, and pre-action disclosure is desirable to dispose fairly of the anticipated proceedings, assist the dispute to be resolved without proceedings, or save costs.

Answer 447

The application must specify the order sought, listing the documents sought, be supported by evidence, and require the respondent to state which documents are no longer under his control/he has a right to withhold from inspection.

Answer 448

The applicant generally pays the respondent's costs of the application and complying with it. However, this is not an absolute rule and the court may make a different order.

Answer 449

After proceedings have started, where the documents are likely to support the applicant's case or adversely affect the case of another party, and disclosure is necessary to dispose fairly of the claim or save costs.

Answer 450

The non-party and all other parties to the proceedings.

Answer 451

An order used where court proceedings cannot be commenced because the identity of the defendant is unknown – it orders the respondent, who is not the defendant, to disclose information allowing the claimant to sue the right defendant.

Answer 452

A wrong must have been carried out by a wrongdoer; there must be the need for an order to enable action to be brought against the wrongdoer; the person against whom the order is sought must be more than a mere witness and able to provide the information necessary to identify the wrongdoer.

Answer 453

Disclosure and inspection of documents; evidence of witnesses of fact; expert evidence.

Answer 454

The issues on which it requires evidence, the nature of the evidence it wants, the way the evidence is to be placed before the court, exclude evidence which would otherwise be admissible, limit cross-examination.

Answer 455

The witness will confirm the truth of the contents of their witness statement as their evidence in chief. Then they will be cross-examined by the opposition. Then they will be re-examined by their own counsel.

Answer 456

At the allocation or case management stage.

Answer 457

They must call the witness to give oral evidence at trial or enter the statement as hearsay evidence.

Answer 458

That witness may not be called to give oral evidence, unless the court gives permission (an application for relief from sanctions would have to be made).

Answer 459

Yes, by agreement without the need for court approval for up to 28 days (unless this would put a hearing at risk). If the extension cannot be agreed or a hearing would be put at risk, an application should be made to the court.

Answer 460

Yes, with the permission of the court, they may give oral evidence to amplify their statement or give evidence in relation to matters which have arisen since the statement was served.

Answer 461

Generally, applications will be supported by witness statements which are read out. The witness does not need to attend court to be cross-examined, though the opposition could apply to the court to do this (but this would be very unusual).

Answer 462

Where they are an expert, or they are giving an opinion as a way of conveying facts personally perceived.

Answer 463

No - unless the witness or the court has given permission for some other use, or the statement has been put into evidence in a public hearing.

Answer 464

It must be written in the witness's own words (though it may be drafted by a lawyer); include the witness's name, address, and occupation, include an information and belief paragraph; refer to documents where appropriate; include a statement of truth and the signature of the witness.

Answer 465

The personal details of the witness, as set out in the top right corner of a witness statement.

Answer 466

A statement prepared for an interim hearing should include two additional paragraphs - one near the beginning confirming the reason for the statement, and the other near the end confirming what the witness would like the court to do in relation to the interim application.

Answer 467

Where it is being prepared for use at a trial which is to take place in the Business and Property Courts.

Answer 468

A written statement of evidence that is sworn before a person authorised to administer affidavits (rather than verified by a statement of truth), reflecting an even greater degree of seriousness in relation to the evidence.

Answer 469

Where this is required by the court or a rule, or the party chooses to do so (in a hearing other than trial).

Answer 470

The statement at the end of an affidavit which authenticates it, used instead of a statement of truth. It must be signed by the deponent and the person who administered the affidavit, including their address.

Answer 471

An oral or written statement made out of court which is being adduced in court to prove the truth of the matter stated.

Answer 472

Yes, though it is treated carefully by the court as it is inherently less reliable than direct oral, documentary, or real evidence.

Answer 473

Give notice to the other party, identifying the hearsay, stating that the party wishes to rely on it and the reason why the witness will not be called.

Answer 474

The evidence is still admissible but the court may attach less weight to it, and the adducing party may face costs consequences.

Answer 475

They may request particulars of the hearsay; with leave of the court, call the statement-maker and cross-examine them (this application must be made no later than 14 days after the notice was served); challenge the weight of the hearsay; or attack the credibility of the absent witness (the party relying on the hearsay must be notified of this no later than 14 days after the notice was served).

Answer 476

Whether it would have been reasonable and practicable for the statement maker to have been called as a witness; whether the statement was made contemporaneously to the matters stated; whether it involves multiple hearsay.

Answer 477

At trial, the party would show that the absent witness made previous inconsistent or contradictory statements.

Answer 478

Notice must be given.

Answer 479

Yes - evidence of the conviction can be used to show that the person committed the offence. That person has the burden of proving that, despite the conviction, he did not commit the offence on the balance of probabilities.

Answer 480

A court order to do so i.e., the court's permission. They will seek a direction to this effect at the case management stage in the DQ by providing an estimate of the costs of the expert and, if possible, naming the proposed expert.

Answer 481

The court has a duty to restrict expert evidence to that which is reasonably required to resolve the proceedings. Permission to use expert evidence can be refused.

Answer 482

To help the court on matters within their own expertise (this overrides any obligation to the party instructing the expert).

Answer 483

Experts must be independent, objective and unbiased. They should state the facts or assumptions on which their opinion is based, not offer opinion outside of their expertise, not omit to consider material facts, state if the opinion was not properly researched, state if their view has changed after exchange of expert reports with the other side, and provide any documents referenced in the report to the other side.

Answer 484

No. However, the court will not require disclosure and inspection or allow cross-examination of the expert on the instructions, unless the other party has reasonable grounds for suspecting instructions to be inaccurate.

Answer 485

In a written report, unless the court directs otherwise,

Answer 486

Experts’ reports must be exchanged with the other side in order to be used at trial (either simultaneously or sequentially). There is usually a direction to this effect at the direction stage.

Answer 487

The evidence cannot be used at trial, unless the court gives permission.

Answer 488

An expert who is appointed by both parties to give their expert opinion. This may be required by the court or agreed by the parties (particularly in the small claim and fast tracks).

Answer 489

It will always give such directions unless there is good reason not to.

Answer 490

The court can select from a list prepared by the parties or direct that the expert by selected in some other manner.

Answer 491

Once expert reports have been exchanged, a party can put written questions to the other party's expert (or to the single joint expert) for the purpose of clarifying the report. Questions must be submitted within 28 days of service of the report. The expert's answers become part of the report.

Answer 492

The court can order that the party instructing the expert can no longer rely on their evidence, or cannot recover the expert's fees.

Answer 493

An expert may submit written requests for directions, proving a copy of this to the party instructing them at least 7 days before filing the request at court, and to all other parties at least 4 days before.

Answer 494

After submitting their reports, experts from both sides discuss the issues and try to reach an agreed opinion on the issues. They then produce a joint statement setting out the issues on which the experts agree and those on which they do not (with a summary of reasons). The contents of this meeting is without prejudice.

Answer 495

Generally, just the experts, not the parties nor their legal representatives. If the representatives do attend, they should not intervene except to answer questions and advise on the law.

Answer 496

In small claims track and fast track cases, where it is in the interests of justice to do so.

Answer 497

Where some or all the evidence of experts from similar disciplines in relation to an issue is given concurrently. The judge will asks the experts in turn for their views on the issue.

Answer 498

Put questions to the expert, seek a direction for the expert to give oral evidence, seek advice from another expert (if their advice differs substantially from the first expert, the party may seek permission to call them. If they don't get this permission, they can use the expert to help prepare cross-examination questions). Otherwise, consider settlement.

Answer 499

The report of the first expert must be disclosed. Permission to call a second expert witness will only be granted in exceptional circumstances, not just the fact that an expert changed their mind after meeting with the other expert.

Answer 500

The other party may rely on it at trial.

Answer 501

Through a witness summons. A party doesn't need the court's permission to issue a witness summons if done 7 days or more before trial.

Answer 502

A payment on account of damages, debt or other sum (except costs) which a defendant may be held liable to pay to a claimant to assist them financially in the period prior to trial.

Answer 503

A claimant only

Answer 504

The defendant has admitted liability to pay the claimant; the claimant has obtained judgment against the defendant for damages to be assessed; or the court is satisfied that if the claim went to trial, the claimant would obtain judgment for a substantial amount of money against the defendant.

Answer 505

Evidence. Any documents in support of the application should be exhibited.

Answer 506

First, C would make a request for voluntary payment from D. If D does not agree, an application is made to court once the period for acknowledging service is over.

Answer 507

The court must not make an interim payment of more than a reasonable proportion of the likely amount of the final judgment, taking into account any contributory negligence, set-off or counterclaim.

Answer 508

The application notice, support evidence, draft order and fee is issued. Then service must take place at least 14 days before the hearing. The respondent files and serves their evidence at least 7 days before the hearing, and the application serves further evidence in response at least 3 days before. Finally, both parties exchange statements of costs not less than 24 hours before the hearing.

Answer 509

Security for costs is applied for by the defendant, and recovers costs only. Interim payment is applied for by the claimant and relates to the substance of the claim i.e., damages etc.

Answer 510

By either party, at any stage of proceedings, including before proceedings are issued.

Answer 511

An offer, usually communicated in writing (by letter), and written 'without prejudice save as to costs'. This kind of offer does not comply with the Part 36 formalities.

Answer 512

It must be in writing; make clear that it is pursuant to part 36; specify a period of not less than 21 days within which the defendant will be liable for the claimant's costs if the offer is accepted; state whether it relates to the whole or part of the claim; state whether it takes into account any counterclaim.

Answer 513

The offer must be to pay a single sum of money; if the offer is to pay a sum at a later date than 14 days following the date of acceptance, this will not be treated as a part 36 offer unless it is accepted.

Answer 514

When it is served on the offeree.

Answer 515

Yes, if done within 7 days of service.

Answer 516

If it has not been accepted and the relevant period has expired, the offer can be withdrawn or varied without the court's permission. If it has not been accepted and the relevant period has not expired, any withdrawal/variation will take effect at the end of the relevant period. If it has been accepted, the offeror can apply to court for permission to withdraw or vary it within 7 days of notice of acceptance (or earlier, must be before the first day of trial).

Answer 517

When there has been a change of circumstances since the making of the original offer and it is in the interests of justice to give permission.

Answer 518

Yes, at any time prior to acceptance. If this is done, it will be treated as a new part 36 offer and the relevant period will start from when notice of change is served.

Answer 519

By serving a written notice of acceptance on the offeror (and if the case has been issued, filing this at court).

Answer 520

It stays open for acceptance unless it has been withdrawn.

Answer 521

The claim will be stayed and will not continue to trial. The defendant has 14 days to pay the sum (unless otherwise agreed in writing), failing which the claimant can enter judgment.

Answer 522

The claimant is entitled to its costs up to the date of acceptance if accepted within the relevant period. If accepted outside the relevant period, the claimant is entitled to its costs up to the end of the relevant period, and then the offeree pays the offeror's costs up until the date of acceptance.

Answer 523

The general rules do not apply. If the parties do not agree liability for costs the court must determine liability.

Answer 524

If the remained for the claim is abandoned, the claimant is only entitled to costs relating to the part of the claim contained in the offer. If the remainder is pursued, costs will be determined by the court.

Answer 525

Either the claimant fails to obtain an judgment more advantageous than a defendant's part 36 offer, or the judgment against the defendant is at least as advantageous to the claimant as the proposals contained in a claimant's part 36 offer.

Answer 526

Interest up until the end of the relevant period is included, but after that is not.

Answer 527

The claimant pays the defendant's costs from the end of the relevant period, plus interest. For the period before the relevant period, the normal costs rules apply i.e., loser pays winner.

Answer 528

Interest on damages will be imposed (10% above base rate); costs from the end of the relevant period will be assessed on the indemnity basis; interest on those costs will be imposed (10% above base rate); and D can be ordered to pay an additional amount (10% up to £500,000 and 5% above £500,000 - total capped at £75,000).

Answer 529

Penalties will be imposed 'unless the court considers it unjust to do so' - taking into account the terms of the offer, the stage in proceedings the offer was made, the information available to the parties, the conduct of the parties, whether the offer was a genuine attempt to settle.

Answer 530

When the offer was made within 21 days of trial, and where the offer is withdrawn.

Answer 531

Consider each offer in turn, considering whether the trigger arises for either offer.

Answer 532

The court can make one order in favour of whichever party has the outstanding balance in their favour, rather than giving two separate judgments.

Answer 533

Where a case is settled. It records the terms of the settlement.

Answer 534

In complex matters, it is likely that judgment will not be handed down immediately after trial. The judge will usually circulate a draft judgment to parties in advance of formally handing it down so parties can prepare costs submissions and correct any obvious errors.

Answer 535

Setting the order out in the formal document to be sealed by the court.

Answer 536

Usually one party draws up the order and files sufficient copies of this for themselves and the other parties within 7 days of being responsible for doing so. The court (and possibly the other party) checks the contents of the order before it is approved.

Answer 537

Those based on contract (which the court will not interfere with) and those not (which the court may alter or vary).

Answer 538

A type of consent order made up of a public part and a confidential part (the 'schedule'). This type of order is used where the parties wish for the key settlement terms to remain confidential, or the terms go beyond what the court could generally order.

Answer 539

Yes, including Tomlin orders. Once the parties have agreed the terms of the order, they must apply to the court to have the order made.

Answer 540

The date it is given/made, not the date it was served. This is the same for when interest starts running.

Answer 541

8% per annum.

Answer 542

14 days, unless the court orders otherwise. The court can allow a stay of execution of the judgment or order i.e., more time to pay, in light of matters which have occurred since the date of judgment/on application by the party.

Answer 543

A party, or a non-party who is directly affected by the judgment/order.

Answer 544

The court is allowed to correct accidental slips or omissions in their judgments or orders. This does not permit substantive change of the order.

Answer 545

The claimant choosing not to pursue the claim against the defendant any further (a relatively rare way for a claim to end). This can be in relation to part of a claim or the whole claim, and in relation to one or more of the defendants.

Answer 546

It ends of proceedings, and the claimant is liable to pay the defendant's costs up until the point of discontinuence.

Answer 547

Generally no, unless there are exceptional circumstances e.g., the claimant has already received some kind of remedy such as an interim order.

Answer 548

File a notice of discontinuance at court, serve a copy on every party, discontinuance takes effect from the date of service, and a costs order is deemed to have been made in the defendant's favour on the standard basis.

Answer 549

Yes, if C discontinued the claim after D had filed a defence, and the new claim arises out of the same or substantially the same set of facts as the discontinued claim.

Answer 550

Only the first, public part.

Answer 551

Generally no, unless the offer if being accepted on behalf of a child.

Answer 552

In cases of personal injury or death, the claimant may recover costs in the usual way, but (if they lose) they are only required to pay costs up to the level of damages and interest they are awarded (likely £0 if they lose on all grounds).

Answer 553

Where the claimant discloses no reasonable grounds for bringing the claim; where proceedings are an abuse of the court's process; the claimant's conduct is likely to obstruct just disposal of proceedings; or the claim is found to be on the balance of probabilities 'fundamentally dishonest'.

Answer 554

Where the claim is found to be on the balance of probabilities 'fundamentally dishonest'.

Answer 555

Each party is liable to pay their own costs and expenses in relation to ADR, unless some other agreement is reached between the parties. The general rule that the loser will pay the winner’s costs does not apply in ADR.

Answer 556

A second defendant is joined to proceedings because C doesn’t know who is at fault. The liable defendant pays the claimant, and the claimant pays the innocent’s defendant’s costs. The Sanderson order cuts out the middle man, so that the liable defendant pays the innocent defendant’s costs.

Answer 557

A second defendant is joined to proceedings because C doesn’t know who is at fault. The liable defendant pays the claimant, and the claimant pays the innocent’s defendant’s costs. The Bullock order maintains this process.

Answer 558

That they belong to the debtor and are not jointly held with another person.

Answer 559

They can apply under CPR 71 for the debtor (or officer of a debtor company) to attend to to provide information about their means or any matter about which information is needed to enforce a judgment or order.

Answer 560

The creditor makes an application using the relevant form containing a penal notice (that if the debtor does not comply they can be held in contempt of court), and this can be made without notice. This must be served personally on the debtor not less than 14 days before the hearing.

Answer 561

The debtor will attend court and produce any documents referred to in the order and answer any questions (which may be asked by a court officer or judge if necessary).

Answer 562

The county court

Answer 563

£5,000 or more

Answer 564

Less than £600

Answer 565

Private investigators who, through a variety of means, are able to procure quite extensive information on individuals or companies upon request.

Answer 566

By asking their client, conducting company searches, applying for copies of documents from the land register/other registers.

Answer 567

The company’s general solvency; the company’s assets; and whether those assets are charged.

Answer 568

Restrictions or prohibitions on the use of a property and any charges against it.

Answer 569

People who have been made bankrupt or who have Debt Relief Orders or Individual Voluntary Arrangements (IVAs) in place.

Answer 570

Debtors against whom there are attachment of earnings orders in force.

Answer 571

All County Court judgments from April 1990 onwards are entered on this register and remain registered for six years. If the judgment is satisfied within one month, the entry may be cancelled at the judgment debtor’s request. Since April 2006, High Court judgments are also now recorded on this register. From this you can see if your debtor already has any unsatisfied judgments registered against them, and who holds those judgments.

Answer 572

Determine if there is a reciprocal arrangement whereby judgments of one country can be registered in another country and are then treated as if they were judgments of that country for enforcement purposes. If there is not (e.g., USA and Hong Kong) the common law regime will apply, making enforcement more difficult.

Answer 573

An enforcement officer seizes a debtor’s goods and sells them in order to use the proceeds of sale to satisfy the judgment debt.

Answer 574

Tools of the debtor's trade up to £1,350 and basic domestic items such as clothing, furniture and essential household items.

Answer 575

By requesting the issue of a writ of control (high court) or warrant of control (county court) and paying the applicable fee. The writ or warrant is then addressed to the EO, with information about the debtor's goods and their whereabouts.

Answer 576

The EO will give the debtor at least 7 days notice before taking any goods. Then the EO will enter premises (using reasonable force if necessary), secure the goods and remove them from the premises OR enter into a controlled good agreement with the debtor whereby the debtor retains the goods pending payment of the debt. Then a public auction is held to sell the goods for the best price possible. The proceeds are paid to the creditor with any surplus sent back to the debtor.

Answer 577

They cannot use reasonable force against a person, enter premises before 6am or after 9am, or enter premises where a child or vulnerable person is the only person present.

Answer 578

The court may make an order requiring a third party to pay to the judgment creditor some or all of a debt owing to the judgment debtor by the third party.

Answer 579

The creditor makes an application using the appropriate form. Then the third party must search for and disclose information to the court and the creditor. Then an interim order is made without notice to the debtor which prevents the third party from making any payments to the debtor. Then an on notice hearing is held where the debtor and third party can be heard, and the court will decide whether to make a final order or discharge the interim order.

Answer 580

Yes, they must file and serve written evidence stating the grounds for the objection.

Answer 581

A charge taken over land (or other assets) to secure a judgment debt. The charge remains in place until the debtor sells the land (or other asset) and uses the sale proceeds to pay the debt. The creditor can force sale rather than waiting for it to happen by applying for an order for sale.

Answer 582

Similar to a third party debt order - there is an interim order without notice, then an on notice hearing, then a final charging order.

Answer 583

The debtor's salary will have deductions made from it by their employer, which will be paid into court for onward transmission to the creditor.

Answer 584

At least £50.

Answer 585

The creditor applied by filing an application form and paying a fee. The application and reply form is served on the debtor who must complete and return the form to court. The court may then make an order without attendance of either party, and serve this order on the debtor and their employer.

Answer 586

A petition for bankruptcy (for individuals where the debt is more than £750) and winding up (for companies where the debt is more than £5000).

Answer 587

The petition is issued and presented to the debtor's local court. The petition is then served on the debtor. The court fixes a time for the hearing. If the debtor does not attend, the petition will very likely be made. The debtor's assets will be distributed to their creditors.

Answer 588

A step taken by a creditor before seeking a petition for bankruptcy/winding up. If the debt remains unpaid for 21 days after the serving of this demand, the petition is more likely to succeed.

Answer 589

Where the lower court’s decision was wrong or was unjust because of a serious procedural or other irregularity.

Answer 590

For a committal order, a refusal or grant a writ of habeas corpus, and a secure accommodation order.

Answer 591

At the lower court immediately after the decision to be appealed is made (or after an adjournment if granted), and/or at the appeal court at a later date.

Answer 592

The appellant files an appellant's notice to the appeal court within the time limit. This will usually be considered on the papers without an oral hearing.

Answer 593

Where they are of the opinion that they cannot ‘fairly determine’ the application on the papers, in which case they will list an oral hearing within 14 days.

Answer 594

If the court refuses permission on the paper application, the appellant may request (within 7 days of notice refusing permission) that the decision be reconsidered at an oral hearing.

Answer 595

The appeal must be made within 21 days of the lower court's decision (unless the court orders differently on account of good reason provided by the appellant).

Answer 596

Generally less. However, the High Court and Court of Appeal do have the power to order a stay pending appeal in exceptional circumstances were enforcement would lead to unfairness.

Answer 597

Where the appeal has a real prospect of success or there is some other compelling reason why the appeal should be heard.

Answer 598

Where the appeal has a real prospect of success AND raises an important point of principle or practice, OR there is some other compelling reason for the Court of Appeal to hear it.

Answer 599

The court will not normally have access to any new evidence and will not have had the benefit of being able to hear and examine the evidence ‘live’. It will be a review of the lower court's decision rather than a re-hearing.

Answer 600

Error of fact, error of law, error in the exercise of discretion.

Answer 601

A party being given no chance to make submissions; a party's submissions or too much of their skeleton argument being incorporated into the judgment; the lower court judge having been involved in previous proceedings, the manner in which the judge handled the evidence.

Answer 602

County Court district judge > county court circuit judge > high court judge > court of appeal > supreme court.

Answer 603

The grounds of appeal, arguments in support of appeal, order sought by the appeal court, and evidence in support.

Answer 604

It is required in every case (whether seeking permission to appeal or having been granted it). It must be served on each respondent as soon as practicable and in any event not later than 7 days after it was filed.

Answer 605

An approved transcript of the judgment being appealed and skeleton arguments in support of the appeal.

Answer 606

Where they want to uphold the decision of the lower court but for different or additional reasons; or where they want the order of the lower court to be varied. But not where they are happy with the decision of the lower court and want it to be upheld for the reasons given.

Answer 607

Within 14 days of the respondent becoming aware that the appeal was going ahead, or as directed by the lower court.

Answer 608

Unless the appeal court orders otherwise, it must be served on the appellant and any other respondent as soon as practicable and in any event not later than 7 days after it is filed.

Answer 609

Within 35 days of the filing of the appellant's notice, by the appellant.

Answer 610

Only where the complexity of the issues of fact or law in the appeal justify it, or it would assist the court in respects not readily apparent from the papers.

Answer 611

Generally a review, unless a PD makes a different provision or in the particular circumstances ‘it would be in the interests of justice to hold a re-hearing’.

Answer 612

Fresh evidence will not be allowed unless it could not have been obtained with reasonable diligence for use in the lower court, would probably have an important influence on the result, and is apparently credible.

Answer 613

County court circuit judges and high court judges sit alone. Court of appeal judges sit in twos for interim appeals and threes for final appeals. And the supreme court generally sits in five.

Answer 614

Generally, no.

Answer 615

Replace the lower court's judgment with its judgment; affirm, set aside or vary an order or judgment of the lower court; fewer any issue for determination by the lower court; order a new trial or hearing; make orders for the payment of interest; make a costs order; dismiss the appeal.

Answer 616

Acknowledge service of the particulars of claim; indicate they are contesting jurisdiction; apply to the court to stay proceedings by filing an application notice, draft order, and evidence of the agreement and the dispute. The court is obliged to grant a stay unless it finds that the arbitration agreement is ‘null and void, inoperative or incapable of being performed’.

Answer 617

Jurisdiction e.g., the dispute was not covered by the arbitration agreement, and serious irregularity e.g., the arbitrator was not fair.`

Answer 618

Domestic awards can be enforced by bringing an ordinary civil claim in the High Court of applying to the court to convert the award into a court judgment. Cross border enforcement is through the New York convention.

Answer 619

The innocent party may be entitled to damages for breach of contract, and the court may stay the court proceedings (the burden is on the party who wants to avoid the stay to justify why the claim should be allowed to continue despite the agreement).