Disp reso

Question 1

What is the time period for service of statement of claim?

Answer 1

Within E&W: 4 months

Outside E&W: 6 months

Question 2

What are the various limitation periods?

Answer 2

6 years: The basic limitation period for breach of contract claims is six years from the date of breach (or accrual or knowledge in case of torts)

1 year: is the limitation period that applies to defamation claims.

3 years: is the limitation period that applies to personal injury and fatal accident claims.

15 years: reflects the longstop period for latent defects (thus, a claim can be brought within 6 years or within 3 years of the defect becoming known)

3 months: Claims for unfair dismissal

Question 3

What are the exceptions to serving a claim on nominated solicitors?

Answer 3

If the party has nominated solicitors to accept service, the claimant’s solicitors must serve the proceedings upon the nominated solicitors.

But note that the answer would be different if the defendant is a company. Then the claim can be served on the Co or any of its officers (Directors, CS)

Question 4

When must the issue of limitation be raised?

Answer 4

for the defendant to allege in the defence that the claimant has issued after the relevant limitation period has expired

The defendant may mention the expiry of the period in the acknowledgment of service, but inclusion in the defence imposes the burden on the claimant to ensure that this matter is resolved as a preliminary issue in the case

Question 5

What kind of claims are started in the small claims track?

Answer 5

when less than £10,000 is in dispute (or if less than £1,500 is sought for personal injuries)

Question 6

What is an unless order?

Answer 6

an order for a litigant to comply with orders made against it within a given time, failing which, the litigant runs the risk of serious sanctions from the court

Question 7

What is the earliest time at which the claimant can apply for summary judgment?

Answer 7

A claimant who wishes to make an application for summary judgment may do so as soon as the defendant acknowledges the claim. The claimant need not wait for the defendant to file a defence

Question 8

What is a Directions Questionnaire?

Answer 8

A Directions Questionnaire is a document that helps the court manage the case by requiring the parties to address certain issues, such as whether experts will be required.

Other issues that must be addressed include whether the parties complied with pre-action protocols, track allocation and details of applications and directions already made as to disclosure and inspection, the names of witnesses and issues they will address, the estimated length of the trial, and the details of anticipated costs

Question 9

What must a defendant prove to obtain an order for summary judgment?

Answer 9

a party must show that the other party has no real prospect of success
+
there is no other compelling reason why the case should be disposed of at trial

Question 10

What is the minimum time before the hearing to serve evidence?

Answer 10

14 days

Question 11

When can the Claimant serve a reply to the defendant’s evidence?

Answer 11

3 days before the hearing

Question 12

What is the time limit for a defendant to acknowledge service of the Particulars of Claim?

Answer 12

within 14 days of the deemed date of service of the Particulars of Claim

Question 13

What must a defendant show to have a default judgment set aside?

Answer 13

must show that he has a real prospect of success
+
there is a good reason why the judgment should be set aside

Question 14

How long does a defendant have to respond to the letter of claim under the personal injury protocol?

Answer 14

must respond to the letter of claim within 21 days, indicating whether liability is admitted.

A formal response without admission then gives the defendant three months to investigate the claim

Question 15

Can a hearing be transferred to a different place from where it was filed?

Answer 15

Following receipt of a defence or admission, the court will normally transfer a claim to the hearing centre local to the defendant’s home address (if the defendant is an individual) or the claimant’s preferred hearing centre (if the defendant is a company)

Question 16

What is the limitation period for a PR to begin proceedings for a fatal accident?

Answer 16

A personal representative can start proceedings on account of the decedent’s death within three years from the date of death
or
three years from the date the personal representative obtained knowledge of the death,

whichever is later.

Question 17

What is a standard disclosure of documents?

Answer 17

each party is required to make a disclosure statement certifying that they understand the duty to give disclosure and that they carried out that duty to the best of their knowledge

In the statement, they must declare that they believe the search they made was reasonable (proportional) and explain why a particular search may not have been carried out

Question 18

What are the requirements for preparing a case bundle before trial?

Answer 18

The claimant’s solicitor must prepare a trial bundle and bear the cost

Six bundles should be prepared, and these should be filed between three and seven days before trial

Question 19

What is protected by litigation priveledge?

Answer 19

Litigation privilege protects communications between a solicitor and a third party (for example, an expert or a barrister) sent for purposes of preparation for trial.

The privilege will apply so long as it was sent when there was a real likelihood of litigation (a mere possibility is insufficient)

Question 20

What is the shortest period the defendant may give the claimant to accept the offer for it to take effect as a Part 36 offer?

Answer 20

The relevant period with respect to a Part 36 offer is the period for which the offer must stay open.

The minimum is 21 days from the date of deemed service.

Question 21

What happens if a defendant rejects a claimant’s Part 36 offer and the Claimant beats that offer at trial?

Answer 21

If a claimant rejects a defendant’s Part 36 offer and beats the offer (that is, is awarded more money than was offered by the defendant under Part 36), the defendant will be required to pay the claimant’s costs of the entire proceeding

Question 22

What happens if a defendant rejects a claimant’s Part 36 offer and the claimant secures a judgment at least equal to its offer?

Answer 22

When a claimant makes a Part 36 offer, the defendant rejects the offer, and the claimant secures a judgment at least equal to its offer, the claimant is entitled to costs on the standard basis until the relevant period under the offer expires and costs on an indemnity basis thereafter.
+
the claimant is entitled to interest on the entirety of the claim at an enhanced rate of up to 10%.

Question 23

When must the claimant make a formal application to appeal to a County Court Judge?

Answer 23

The claimant must apply for leave to appeal to a County Court Judge within 21 days of the District Judge ‘handing down’ the judgment

Question 24

What is the indemnity principle as it applies to payment of costs?

Answer 24

a party cannot recover more costs from an opponent than they are liable to pay their own legal representative

Question 25

What happens if a claimant makes a Part 36 offer in a case seeking damages, the defendant rejects the offer, and the claimant secures a judgment more favourable than the offer?

Answer 25

unless it is unjust, the court may for the period after the time the offer expired:
(1) award interest on the entirety of the claim at an enhanced rate of up to 10% above the base rate and
(2) award costs on an indemnity basis with an enhanced interest rate of up to 10% above the base rate.
The court may also (3) impose additional damages of not more than 10%.

Question 26

Can a charging order take effect against a joint property?

Answer 26

Yes

A charging order ranks as an equitable mortgage. That is, it gives the creditor the right to apply for an order for sale, even if the land is in joint ownership
+
there is no automatic right to force a sale of the property without first applying for a court order

Question 27

To which type of judge and court must the claimant seek permission to appeal for a case before the Master in HC?

Answer 27

Appeals from a Master in the Hight Court can be made only to a High Court Judge. They will grant permission only if there is a real prospect of success

Question 28

What is the time limit for an appeal?

Answer 28

21 days

Question 29

What is the general time limit to respond to a claim under the PI Pre Action Protocol?

Answer 29

14 days (simple cases)
OR
3 months (complex cases)

21 days under the Personal Injury Protocol

Question 30

What are the various thresholds for Court Fee?

Answer 30

If the claim is between 10-200K: 5%

Over 200K: 10K (set fee)

Question 31

When does a claimant’s solicitor file a certificate of service?

Answer 31

within 21 days of service of claim form to the defendant

Question 32

What the various time limits for making an interim application?

Answer 32

Serve at least 3 days notice to the other party (5 days if by telephone)

Deemed to be made on the day the application notice and fee are received by the Court

Case summary and proposed draft order at least 2 days before the hearing

Question 33

What are the timelines for a summary judgment (lacks merit) application?

Answer 33

written evidence: at least 14 days before hearing

Response evidence by def: at least 7 days before hearing

Evidence in reply by claimant: at least 3 days before hearing

Question 34

When can an application for interim payment NOT be made?

Answer 34

Until the time for filing the acknowledgement of service has expired

Question 35

What is the timeline for an interim injunction application?

Answer 35

48-72 hours

Can be made on phone and out of hours

Made w/o notice (served quickly and another hearing is set in a short time)

Question 36

To which judge is an app for freezing injunction made?

Answer 36

ONLY to a HC Judge

Question 37

What are the necessary grounds for search/preservation of property orders?

Answer 37

1. Strong prima facie case
2. Very serious/potential harm to claimant’s interest
3. Clear evidence for a real possibility that the material might be destroyed

Question 38

How long does a defendant have to respond under the Personal Injury Protocol?

Answer 38

If the defendant responds to the claim within 21 days, the claimant must then give the defendant three months to investigate

Question 39

If the claimant does not include the Particulars of Claim on the N1 claim form, when must they be served?

Answer 39

If the Particulars of Claim are not included on the back of the claim form, they may be in a separate written document served along with the claim form or within 14 days following service

Question 40

What is the time period within which the Particulars of claim must be served after the issuance of proceedings?

Answer 40

Following service of the claim form, a claimant has 14 days to serve the Particulars of Claim. However, service must take place within four months of the issuance of proceedings.

Therefore, if allowing 14 days after service of the claim form would take the date beyond the four months allowed for service of the claim form, the claimant must serve before the four months expires.

Question 41

What is the latest date on which a minor may bring a claim for his injuries?

Answer 41

If the injured party is a minor, time does not start to run on a claim until the minor’s 18th birthday

Thus, the limitation will be 3 years after the 18th birthday of the minor (3 years for PI claims)

Question 42

In valuing the Claimant’s claim for purposes of completing the claim form, which of the following will be considered?

Answer 42

When valuing a damages claim (that is, a claim for an unspecified amount) for purposes of the claim form, the claimant should disregard interest, costs, contributory negligence, and counterclaims

Question 43

What is the time limit for disclosure?

Answer 43

28 days from the date of notice of allocation (under standard directions)

Parties have an automatic right to inspection within 7 days of the other party receiving the notice

Question 44

When are pre action disclosures available against a non party?

Answer 44

In cases of:
Freezing injunctions
Search orders
App for preservation of prop
Requests for further info

Question 45

When must witness summons be served?

Answer 45

at least 7 days before the hearing

Question 46

When must a notice of intent to attack a hearsay witness be served?

Answer 46

within 14 days of receiving hearsay notice

Question 47

What is a notice to admit facts?

Answer 47

Where parties agree to deem certain facts as agreed and need not prove them in Court

Notice must be served 21 days before trial

Question 48

When does a pre trial review hearing take place?

Answer 48

10 weeks before the trial

Question 49

What is the time limit for filing trial bundles?

Answer 49

7-3 days before the trial

Question 50

What is the time limit for appeals?

Answer 50

21 days (after judgement or order)

Question 51

When must a party file its costs budget for a multi track case?

Answer 51

With the Directions Questionnaire (for cases less than 50K)

21 days before CMC (if case more than 50K)

Question 52

What are inter partes costs?

Answer 52

A party in the claim is awarded costs against another party (different from own costs)

Question 53

What is the time limit to pay costs?

Answer 53

14 days (after issue of Final Costs Certificate)

Question 54

When does a Qualified One Way Cost Shifting does not apply?

Answer 54

In PI claims, claimant’s does not pay defendant’s costs unless the claim was:

Fundamentally dishonest
For financial benefit of another
Stuck out for disclosing no cause of action or abuse
Claimant has failed to beat defendant’s Part 36 offer (then def can recover amount up to damages+interest)

QOCS (claimant doesn’t pay costs) is lost in these cases

Question 55

Can a party be added to a claim after the limitation period expires?

Answer 55

No

(Unless it is a PR of a deceased party)

A removal of a party can be done regardless of limitation period

Question 56

What must a party show to obtain a summary judgement?

Answer 56

To obtain summary judgment, a party must show that the other party has no real prospect of success and that there is no other compelling reason why the case should proceed

Question 57

What must a claimant prove to obtain a freezing injunction?

Answer 57

1) there is a justifiable cause of action;
(2) the claimant has a good, arguable case;
(3) the defendant has assets within the jurisdiction; and
(4) there is a real risk that the defendant may dispose of or dissipate those assets before judgment can be enforced

Question 58

Can a legal rep sign a W/S for a client?

Answer 58

No (no exceptions)

A W/S requires to be verified by a statement of truth which cannot b signed by a legal rep

Question 59

When is it necessary to take permission of the Court to withdraw a Part 36 offer?

Answer 59

Before the relevant period ends

Question 60

Can a party accept a Part 36 offer after the relevant period ends?

Answer 60

a Part 36 offer can be accepted at any time, even after expiry of the relevant period, so long as the offeror has not withdrawn it

Question 61

When must the trial bundles be filed in a fast track case?

Answer 61

must be filed between three and seven days before the trial is to take place.

Thus, they cannot be filed less than three days before trial

Question 62

When should a defendant file an Acknowledgement of Service if it is served in a Convention/EU Member State country?

Answer 62

21 days after the Service of the Particulars of Claim

Question 63

How is a partnership put on a claim form as a defendant?

Answer 63

The business name of the partnership

Question 64

What the undertakings required while seeking injunctive relief?

Answer 64

An undertaking may be required to:

Pay damages
If the inj app is made w/o notice then to serve application on respondent as soon as practicable and issue the claim on the same or next working day

Question 65

Can a legal rep attend a joint session b/w the experts?

Answer 65

Only with the consent/agreement of the parties/experts and permission of the Court

Question 66

What is a notice to admit authenticity of a document and when must it be served?

Answer 66

A notice that a party uses to challenge the authenticity of a doc and puts the burden on the other party to prove

It must be served within 7 days of disclosure of the doc or by latest date of W/S

Question 67

Can discussions between experts be referred to at trial?

Answer 67

Only with the agreement of the parties

Question 68

Does a Particulars of Claim need to attach a medical report?

Answer 68

Yes, in cases of personal injury.

A claimant replying on the evidence of a medical practitioner must attach to or serve with the Particulars of claim, the report that they are relying on

Question 69

What is the order for taking appeals in insolvency procedures?

Answer 69

An IVA appeal from a District Judge is to a HC Judge

For corporate insolvency, the appeal is from DJ to HC Judge or Registrar

Question 70

Are pre action costs recoverable after a Part 36 offer is accepted?

Answer 70

Yes, all costs up to the acceptance are recoverable. It includes pre action costs.

The assessment is done on standard basis.

Question 71

Can a case be re-allocated?

Answer 71

Yes, if a party is dissatisfied with an allocation, they may appeal (for orders made at hearing) or apply for re-allocation

Question 72

Can a Court exclude specific costs from an assesssment?

Answer 72

Yes, if a party delays or does not follow requirements of a skeletal argument, the Court can exclude the costs associate with the skeletal from the final costs order.

Question 73

When is an opinion of counsel required before accepting a Part 36 offer?

Answer 73

When the Party is a child (minor) or a protected party

(Court’s approval is also required before accepting a Part 36 offer for a minor)

Question 74

On whom is a claim served if the defendant is a Co?

Answer 74

Senior officer of the Co (inc director, treasurer, secretary, CO, manager or other officer of the Co)

Question 75

On what basis are standard costs assessed?

Answer 75

They are asses on a reasonable and proportionate basis in favour of the paying party (if any doubt)

Question 76

How are disclosures filed in a multi track dispute?

Answer 76

Each party must file a Disclosure Report and Electronic Disclosure Questionnaire with the Directions Questionnaire or otherwise at least 14 days before the CMC and cooperate with each other to agree an order for disclosure by list.

(this is limited to non personal injury claims in multi track)

For fast track and PI claims in multi track, the parties file Disclosure Questionnaire within 28 days of the Notice of Proposed Allocation and cooperate with each other to agree an order for limited or standard disclosure list.

Question 77

Which claim form is used for disputes that have no substantive factual disputes in the case?

Answer 77

Claim form under Part 8 (alternative procedure)

Question 78

The driver of a car suffers injury in a road traffic accident when shunted in the rear by another vehicle. The driver instructs her solicitor to make a claim for the value of the car, which was damaged beyond repair in the accident.

The driver also suffered minor pain from the accident but does not want to claim for this. The pre-accident value of the car was about £2,500. The solicitor issues proceedings in the County Court.

To which track will the court likely allocate the claim?

Answer 78

The claim will be allocated to the small claims track. A claim will be allocated to the small claims track when less than £10,000 is in dispute (or if less than £1,500 is sought for personal injuries).

Here, the claim is for £2,500 for property damage and no claim is being made for personal injuries

Question 79

A claimant has issued proceedings against a defendant for trespass. The claimant believes the defendant has no viable defence and so would like to apply for summary judgment to avoid prolonged litigation and costs.

What is the earliest time at which the claimant can apply for summary judgment?

Answer 79

claimant who wishes to make an application for summary judgment may do so as soon as the defendant acknowledges the claim.

The claimant need not wait for the defendant to file a defence

Question 80

A patient has initiated a claim against their doctor for professional negligence. The patient believes that they will need to rely on evidence from experts in two separate disciplines to make their case. However, the court issues a directions order that allows for only one expert.

May the patient apply for a variation in the directions?

Answer 80

Yes, by making an application to vary the directions within 14 days of issuance of the order

Question 81

What is a Tomlin order?

Answer 81

A Tomlin order stays the case (so nothing more need be done in the case) and includes a confirmation that the parties have agreed settlement, and a schedule confirming the amount to be paid, by whom, and by what date.

The advantage of a Tomlin order is that it merely stays the action, so if the paying party defaults, the receiving party merely needs to apply to remove the stay to continue the case and there is no need to issue fresh proceedings

Question 82

What is the maximum extension that a defendant can seek to file a defense under a PI claim?

Answer 82

extension of up to another 28 days (a total of 56 days from the deemed date of service of the Particulars).

If the claimant refuses the extension, or it becomes clear that even more time is needed, the defendant can apply to the court for additional time

Question 83

A parent is acting as a Litigation Friend for his 17-year-old son, who was injured in a road traffic accident whilst riding through a busy street on his scooter. The Litigation Friend is ready to issue proceedings as the defendant with whom his son collided continues to dispute responsibility for the accident.

Which of the following documents must the claimant enclose in this type of case when sending the claim form to the court for issue?

Answer 83

The claimant must file a certificate of suitability, without which the court will be unable to issue the claim form.

In the certificate, the Litigation Friend certifies their suitability to act on behalf of the claimant and confirm that they will be responsible for the costs of the claim

Question 84

A man was injured whilst working at his employer’s factory. The man’s solicitor sends a letter of claim to the man’s employer, seeking £27,000 damages. The company refused to settle, arguing that the man’s own negligence was the primary cause of his injury. The man’s solicitor sends the claim form to the County Court Money Claims Centre (CCMCC) in Salford for issuance. After issuance, the company acknowledges service and files a defence.

Which of the following best describes how the court will likely proceed after receiving the defence?

Answer 84

the court will normally transfer a claim to the hearing centre local to the defendant’s home address (if the defendant is an individual) or the claimant’s preferred hearing centre (if the defendant is a company). Here, since the defendant is a company, the court is likely to transfer the case to the hearing centre closest to the claimant. This is for the convenience of the claimant

whilst the case would normally transfer to the hearing centre closest to the defendant, this will not happen here because the defendant is a company

Question 85

A dentist is the defendant in a claim for injuries caused by inadequate dental treatment. The dentist has repeatedly flouted the requirements of the pre-action protocol for the resolution of clinical disputes by repeatedly ignoring requests for alternative dispute resolution. The dentist also failed to respond adequately to the letter of notification, as their letter of response was unclear regarding the extent to which they admit breach of duty and causation. The claim settled shortly after issue of proceedings.

What order is the court likely to make as a result of the defendant’s pre-action conduct?

Answer 85

When the court believes that the claim should have been capable of resolution without the issue of proceedings, it may order the defendant to pay interest on the claimant’s damages at a rate higher than normally would be allowed.

The court may also order the defendant to pay the claimant’s costs on an indemnity basis, that is, the court giving the benefit of the doubt to the receiving party as to whether the costs were reasonably incurred

Question 86

A claim is being pursued under the personal injury protocol. The defendant responds to the letter of claim by admitting negligence but disputing quantum.

According to the protocol, what is the earliest point at which the claimant can issue proceedings?

Answer 86

The claimant must serve the medical report and an up-to-date schedule of loss and allow 21 days for the defendant to make an offer. If no acceptable offer is forthcoming, they are free to issue proceedings

Question 87

A claimant has issued proceedings against a defendant for trespass. The defendant files an acknowledgment of service within a week of being served. The claimant believes the defendant has no viable defence and so immediately applies for summary judgment, including written evidence to support the application.

What is the legal position with regard to the application?

Answer 87

As soon as the defendant files an acknowledgment of service, it is open for the claimant to make an application for summary judgment. If the claimant applies for summary judgment following acknowledgment of the claim and includes written evidence to support the application, the defendant must serve evidence in response at least seven days before the hearing on the application

Question 88

While riding a bicycle, a man was struck by a car driven by a woman of French citizenship. The man brings a claim against the woman in County Court and she is properly served in France. The woman believes the County Court does not have jurisdiction over the matter.

How should the woman respond?

Answer 88

A defendant who wishes to dispute a court’s jurisdiction must tick the relevant box on the acknowledgment of service form and make an application, supported with written evidence, within 14 days of the filing an acknowledgement of service.

The defendant must not file a defence until after the court has heard the application. Filing a defence is likely to be taken as submission to jurisdiction that would negate the challenge

Question 89

A claimant secures judgment against a defendant in respect of a negligence claim in the County Court for £4,500 inclusive of interest. The defendant informs the claimant that it will take them six months to pay the judgment.

Is the claimant entitled to interest for the period between judgment and enforcement?

Answer 89

Normally interest is not payable on County Court judgments under £5,000 unless the claim arose in contract and the contract provides for interest. As the judgment here is for only £4,500, it does not meet the amount requirement for the recovery of interest

Question 90

A claimant wishes to serve a notice to her employers (defendant) requiring them to prove the authenticity of a document tendered as evidence that they have not been negligent or in breach of their statutory duty. The defendant disclosed the document as part of standard disclosure.

What is the latest date on which the notice may be served?

Answer 90

The claimant must serve the notice no later than the last date available for the exchange of witness statements.

If it had been the case that the defendant had served the document late in the case, after witness statement exchange, the claimant must serve the notice within seven days of disclosure

Question 91

How is hearsay evidence treated in civil cases?

Answer 91

Admissible in trial (ONLY if witness attends; then their statement ceases to be hearsay)

Question 92

What criteria the court will consider when assessing costs on the indemnity basis?

Answer 92

reasonably incurred,

reasonable in amount, and

doubts resolved in favour of the party receiving the costs

Question 93

When is a statement of costs filed?

Answer 93

Summary assessment: 24-36 hours before hearing

Detailed assessment:hearing is later
Bill of costs: within 3 months
Points of disputes: 21 days

Question 93

When is the final costs certi issued?

Answer 93

After 14 days

Question 94

Who is an agreed expert?

Answer 94

In PI cases, an expert that is nominated by the claimant (under pre-action protocol)

This expert is NOT jointly appointed (def reserves right to own expert)

Question 95

What is the time limit for asking questions after an expert report is sent?

Answer 95

28 DAYS AFTER REPORT IS SENT

Question 96

A construction contract term that shortens the time to bring an action for bringing a claim for a defect is automatically void?

Answer 96

No, (this is a contractual liab restriction)

but it is subject to reasonableness test of the Unfair Contract Terms Act 1977

[but lim pd for defective construction cannot be reduced]

Question 97

If a claim is issued before expiry of the limitation period, would it be possible to alter the name of the defendant?

Answer 97

Yes, ONLY if the defendant has been correctly identified but mistakenly named

[if a new def needs to be added lim expires then there must be an application to the Court to disapply lim]

Question 98

Does the limitation period stop running if a claimant was of sound mind when a cause of action accrued but loses capacity before expiry of the limitation period?

Answer 98

No

The limitation period will continue to run, but if the person lacked capacity when the claim accrued, the period does not start to run until certification that the person is of sound mind

Question 99

Under the Practice Direction on Pre-Action Conduct and Protocols, what are the suggested time limits for the defendant to respond to the claimant’s letter of claim?

Answer 99

14 days for a straightforward claim; up to 3 months for a very complex claim

Question 100

Under the Personal Injury Protocol, what is the timeline with respect to the defendant’s response to the claimant’s letter of claim?

Answer 100

The defendant must respond within 21 days.

They may indicate that they desire to investigate, in which case they have 3 months to admit or deny the claim

Question 101

When can parties choose their own experts?

Answer 101

Under the Personal Injury Protocol, if the claimant and defendant cannot jointly choose an expert, they may each instruct their own

Generally, the court chooses the expert if parties cannot (in other cases)

Question 102

If a party fails to follow the relevant protocol or the Practice Direction, what are possible consequences?

Answer 102

Costs order or paying higher interest on damages (restricting interest in case of claimant)

Question 103

Is it possible to apply for disclosure of documents from a party before proceedings are issued?

Answer 103

Yes, if the documents requested would be disclosed under standard disclosure and disclosure now could assist in disposing of the claim without the need to issue proceedings

(for disclosure from 3rd party, the standard is ‘unless the disclosure is necessary to dispose of the matter fairly or to save costs)’

Question 104

Generally, in what County Court hearing centre is a claim for damages or debt issued?

Answer 104

The County Court Money Claims Centre in Salford, Manchester (all claims under 50K)

Question 105

Generally, if a claimant applies to issue a claim in the High Court but does not indicate a district, from what High Court District Registry will the claim be issued?

Answer 105

The Royal Courts of Justice in London (default)

(otherwise claimant specifies)

Question 106

In a civil claim with one defendant, what is the minimum number of copies of the claim form that the claimant must send to the court?

Answer 106

2 – 1 for the court and 1 to be served on the defendant

Question 107

Which methods of serving of claim require express permission?

Answer 107

Fax
Email

Doc exchange (if no explicit indication of not serving through DX)

Question 108

Can the period for filing a defence be extended merely on the agreement of the parties?

Answer 108

Yes, for an additional 28 days, and the court must be notified of the extension

(max extension of 56 days)

Question 109

In calculating the period of time for service of Particulars of Claim, is the day on which the period ends counted?

Answer 109

Yes, unless the end of the period is defined by reference to an event (otherwise the end of period is NOT included)

Question 110

If a defendant wishes to dispute the court’s jurisdiction after receiving the claim form and particulars of claim, how should this be done?

Answer 110

The defendant should check the box in the acknowledgement of service indicating they wish to dispute the court’s jurisdiction and then make an application challenging the court’s jurisdiction, supported by written evidence, within 14 days after filing the acknowledgment of service

Question 111

In a personal injury claim, must the defence state whether the defendant agrees with the medical report served with the Particulars of Claim?

Answer 111

Yes
stating their reasons. But they may also neither agree nor dispute the report, stating they have no knowledge of the matters

Question 112

If a claimant fails to respond to an allegation made in the defence, is it deemed to be admitted?

Answer 112

No

The failure to respond works as an implied denial

(its the opposite for a def; failure to respond is implied admission)

Question 113

Is it possible that a defendant may issue a third-party (Part 20) claim against the claimant but may not use Part 20 to bring a claim against a third party?

Answer 113

Yes

Part 20 can be used both to bring a counterclaim against the claimant and to bring a new, third party into the action

Question 114

Is permission required to file a Counter claim?

Answer 114

No (if filed with defence)

Yes (if filed after defence)

Same for bringing claim against 3rd party

Question 115

When must a response to a counterclaim be filed?

Answer 115

Within 14 days of the deemed date of service of the counterclaim

Question 116

When is court permission required to bring in a 3rd party?

Answer 116

When counterclaim is against a third-party absentee (claim against absentee for own injuries from the same facts)

Question 117

What costs are recoverable in a case heard in the small claims track?

Answer 117

An amount not exceeding £750 to cover an expert’s report

Question 118

What costs are recoverable in a case heard in the fast track?

Answer 118

Reasonable and proportionate costs or as fixed for personal injury road accident cases and employer’s liability cases

Question 119

Under the standard fast-track directions, when do the parties make disclosure?

Answer 119

4 weeks from the date of notice of allocation

Question 120

Under the standard fast-track directions, when will the trial be held?

Answer 120

30 weeks from the date of notice of allocation

Question 121

If an interim application is made without notice, how long does the party against whom the order was made have to apply to vary or set aside the order?

Answer 121

7 days

Question 122

What are grounds for making an application for an interim payment?

Answer 122

The defendant has admitted liability.

The claimant has obtained judgment, but the sum to be paid is not yet assessed.

The court is satisfied that if the action proceeded to trial, the claimant would obtain judgment for a substantial sum

Question 123

What is the minimum timescale for the applicant for interim payment to serve written evidence on the other party?

Answer 123

Not less than 14 days before the hearing

Question 124

What must be shown for a court to grant an interim application for a freezing order?

Answer 124

1. justifiable cause
2. good and arguable case
3. risk of disposal of assets
4. def has assets in juris

Question 125

Who is bound by a freezing injunction?

Answer 125

The party before the court against whom the injunction was issued and any third party with knowledge of the injunction

Question 126

To obtain a search or preservation order, the applicant must show what?

Answer 126

a strong prima facie case on the merits of the underlying claim

Question 127

For how long may a solicitor retain documents obtained under a search order, where copies are sought?

Answer 127

The solicitor must give an undertaking to return the documents within 2 days

Question 128

To what extent is disclosure allowed in cases on the small claims track?

Answer 128

Disclosure will extend only to such documents as the court considers necessary and proportionate

(the general standard is reasonable and proportionate)

Question 129

In non-personal injury, multi-track cases, each party must prepare a disclosure report to be filed at least ___ days before the first Case Management Conference (CMC) or with the Directions Questionnaire.

Answer 129

filed at least 14 days before the CMC or with the Directions Questionnaire

Question 130

What are grounds for refusing inspection?

Answer 130

The document is privileged.

The document is no longer in the party’s control.

It would be disproportionate to allow inspection.

Question 131

What is the effect of a solicitor accidentally sending privileged material to the solicitor of the opponent?

Answer 131

The opponent’s solicitor may use the information only with the permission of the court

Question 132

If a party wishes to rely on hearsay evidence, what is required?

Answer 132

They must serve a notice of the intention on their opponent, and the notice must be formal if the witness will not be attending trial

(if witness is attending then the W/S itself is considered notice)

Question 133

If a party receives a hearsay notice from their opponent, the witness’s whereabouts are known, and the party wishes to call the witness at trial, what should the party do?

Answer 133

Within 7 days of receiving the notice, make an application to the court to summon the witness to court for trial

Question 134

How long do the parties have to ask questions of an expert after receiving the expert’s report?

Answer 134

28 days

Question 135

Who are opinion witness?

Answer 135

Expert witness

(lay witness cannot give opinion)

Question 136

when will a pre-trial review hearing take place?

Answer 136

10 weeks before the trial date

Question 137

In a multi-track case, when must the parties file a costs budget?

Answer 137

With the Directions Questionnaire if the claimant seeks less than £25,000, or at least 21 days before the Case Management Conference if £25,000 or more is sought.

Question 138

In a multi-track case, what is the effect of a party’s failure to file a costs budget?

Answer 138

The party will not be able to recover costs if they prevail.

Question 139

What amount best completes the following statement? If the winning party’s costs exceed the costs budget by more than ____, the party must file a statement of reasons and the court will not depart from the costs budget figures without a good reason.

Answer 139

20%

Question 140

If a court orders a detailed assessment of costs, what happens next?

Answer 140

Within 3 months of judgment, the winning party must prepare and serve on the losing party a bill of costs, and the losing party has 21 days to file points of dispute

Question 141

What is a provisional assessment as it relates to costs?

Answer 141

A statement by a District Judge of the amount of costs they would be prepared to sanction based on the winning party’s bill.

Question 142

If the losing party is not happy with a provisional assessment, what can they do?

Answer 142

Request a detailed assessment within 21 days of receiving the provisional assessment

Question 143

When must costs be paid?

Answer 143

Within 14 days of issuance of the costs certificate by the court

Question 144

In a personal injury claim, the claimant cannot be ordered to pay the defendant’s costs if the claim fails unless?

Answer 144

(1) the claim was fundamentally dishonest,

(2) the claimant failed to beat a defendant’s Part 36 offer to settle, or

(3) the claim was struck out for disclosing no cause of action or abuse.

Question 145

If a party makes a Part 36 offer, but serves a notice to withdraw the offer before the end of the relevant period, what is the effect of the notice of withdrawal?

Answer 145

The recipient of the notice may still accept the Part 36 offer up to expiry of the relevant period, but if they have not accepted by then, the withdrawal is effective

Question 146

May the recipient of a Part 36 offer accept it after expiry of the relevant period?

Answer 146

Yes, if the offer has not been withdrawn

Question 147

Is interest payable on a County Court judgment?

Answer 147

Yes, but only on judgments over £5,000.

Question 148

A claimant has been awarded £4,000 in a case heard in County Court. The defendant has indicated that they will not be able to pay the judgment for six months. Can the claimant charge interest on the judgment amount?

Answer 148

Yes, if the claimant transfers the case to the High Court for enforcement

(a CC judgement over 600 can be transferred to HC)

Question 149

What value of claims can be issued in Technology and Construction Court (Queen’s Bench) in HC?

Answer 149

excess of 250K

Question 150

Which claims can be brought under Part 20?

Answer 150

1. Counter claim by def
2. 3rd party claim against another party
3. Claim against party/non party for contribution
4. Claim against party/non party for indemnity

Question 151

In what circumstances is a waster costs order awarded?

Answer 151

Legal rep acted improperly, unreasonably or negligently

Caused unnecessary costs
+
just to make order

(paid by sol)