Commencing Proceedings

Question 1

what happens if parties can’t agree?

Answer 1

if parties can’t agree on resolution due to differences in attitude or lack of common ground, legal proceedings may need to start

Question 2

why is it important to act b4 LP ends?

Answer 2

if action is not started in time, D may have valid defence + claim could be barred

Question 3

where does litigation begin?

Answer 3

begins in court

Question 4

what happens after choosing the correct court?

Answer 4

next step: issue proceedings + serving proceedings (informing D)

Question 5

how are civil disputes handled in E&W?

Answer 5

CC or HC.

choosing the right court is essential to avoid delays + added costs from transferring the case later

Question 6

what additional factors might require HC?

Answer 6

may be chosen if case is complex (difficult facts, legal issues or procedures) or if outcome is of significant public interest

Question 7

can a case be transferred b/w courts?

Answer 7

yes, even if claim is started in HC, judge can later transfer it to CC

Question 8

eg of choosing the correct court?

Answer 8

NF ltd: suing tech and co ltd for £124k due to failed computer system.

since claim exceeds £100k + is complex, it can be started in HC

Question 9

type of cases CC handle?

Answer 9

simpler, £100k or less, except PI claims