Dispute

Question 1

Applicable Law

Answer 1

• Contract
• General Rule : for disputes within EU, the seller under the contract
• Exception : if the dispute is over land, it is the country in which that land is situated.
• Tort
• General Rule : within EU, where the tortious damage occured

Question 2

Pre-action steps

Answer 2

1. C must send a letter to D (the letter before claim)
2. D must respond within a reasonable time (14 clear days for simple, 3 months for comples cases) ( the letter of acknowledgment and response)
3. Parties must disclose key documents.
4. Parties must consider ADR throughout their correspondence and use ADR to try and settle.

• If parties fail cost consequences=
  Costs : pay some or all of his oppenent’s costs.
  Damages : Losing defendant could pay interest on damages (up to 10%, if winning claimant fails may not get any interest.

Question 3

Tomlin order

Answer 3

The terms of the consent order are available to the public. If the parties want to keep the agreed terms confidential, they can use Tomlin order.

The Tomlin order will contain a schedule setting out how much a party has paid to settle, and it is schedule that is confidential; alternatively

The Tomlin order filed with the court.

Question 4

Appeal to who?

Answer 4

• You appeal to the most senior judge to the one who heard your claim.
• District judge in County Court -> Circuit judge in CC
• Master/district judge of HC -> High Court judge
• Circuit judge in CC -> High Court judge
• High Court judge -> Court of Appeal

Question 5

Limitations

Answer 5

• Contract = 6 years from date of breach of contract.
• Tort (excluding PI, and latent damage) = 6 years from date the damage occurs.
• Personal injuries = 3 years from date the cause of action occurs OR date of knowledge of the PI, whichever is later
• Latent damages = 6 years from the date when damage occured , 3 years from the date of knowledge (but the claim must be brought within max 15 years after the negligence or omission).

Question 6

Building Safety Act 2022

Answer 6

If a dwelling is rendered unfit for habitation, the time limits are now as follows:
- 30 years under s1 DPA accruing before 28 June 2022,
- 15 years under s1 DPA accruing on or after 28 June 2022.

Question 7

Halsey v Milton Keynes criterias

Answer 7

The Court of Appeal set out a list of criteria to determine whether refusal to consider ADR is justified.

Question 8

Pre-Action Protocols / Practice Direction on Pre-Action Conduct and Protocols (PDPACP)

Answer 8

• Pre-Action Protokols :
• PI
• clinical disputes
• construction and engineering
• defamation
• professionla negligence
• judicial review
• disase and illness
• housing disrepair
• possesion claims by social landlords
• possesion claims by mortage arrears
• dilapidation of commercial property
• low-value PI road traffic accident
• low-value PI employers’ liability and public liability
• Practice Direction Pre-Action Conduct and Protocols : Others…