Dispute Res Flashcards
Limitation period for most tort claims (not involving personal injury)
Within 6 years from the time action accrued/tortious act occurred
If the tort was not readily apparent, 6 years from when claimant gained knowledge of the tort
Limitation period for personal injury
3 years from accrual or knowledge
If victim died from the tort within 3 years of accrual date, limitation period is 3 years from date of death or 3 years from when PR’s gained knowledge of the tort
Negligence claim for latent defects in property caused by a fault in design, materials or workmanship that existed at time of construction completion but not apparent at the time can be brought up to the later of:
6 years from accrual
3 years from earliest date on which claimant knew or reasonably ought to have known the material facts necessary to bring the action
But also long stop so that no action may be brought more than 15 years after the act or omission alleged to have caused the damage
Limitation period for contract actions
6 years
Period begins to run when breach occurs (accrual date)
A “make good” clause in contract does not supersede limitation period: applies only to duty to make good
When does time stop running for limitation period purposes?
When claimant delivers properly completed claim for to the court with request to issue proceedings and correct fee
When does the limitation period begin to run when claimant is a minor?
On the claimant’s 18th birthday
When does limitation period begin to run for fraud or concealment cases?
When claimant discovers the fraud or concealment or could have with reasonable diligence
How long does a defendant have to respond to claimant’s letter of claim under the Practice Direction?
14 days if straightforward, up to 3 months if complex claim
Under Personal Injury Protocol, what should be in letter of claim?
Clear summary of facts
Details on impact of claimant’s injuries on daily life
Hospital attended with relevant reference number
Indication of financial losses as far as they are known
Should indicate the docs that will be disclosed -there are standard disclosure lists for each type of injury
How long does a defendant have to respond to Personal Injury letter of claim?
21 days
Response can indicate that the defendant wants to investigate, in which case they have 3 months to admit or deny the claim
In PI protocol, how long does defendant have to disagree with list of suggested experts?
14 days
If they disagree, each party can instruct their own
What are likely consequences of failing to follow relevant protocol or the Practice Direction?
Stay of proceedings to allow PD or step in protocol to be complied with
Ordering the non-compliant party to pay the costs (or part of) of the other party
Restricting interest on the claim (if non-compliant party is the claimant)
When is it justifiable to issue proceedings without following relevant protocols?
Limitation period is almost over
Court order is required to preserve evidence or assets
Concern the defendant may seek to issue proceedings in another country to avoid UK courts
When can a party make pre-action application for disclosure?
Docs requested would be disclosure under standard disclosure and disclosure now would assist in disposing of the claim without needing to issue proceedings
Can seek from a non-party if it will support claim/adversely affect opponent and necessary to dispose of matter fairly or save costs
When is it possible to make a pre-application to inspect property if
The property is or may become the subject matter of proceedings
Or
It is relevant to the issues that will arise in relation to the proceedings
How are proceedings started?
Issuing a claim form setting out brief details of the claim
What is the financial limit for starting claims in County court?
50,000 for PI
100,000 for other
How are debt claims (where sum sought is certain, also known as specified claims) commenced
Money claim form issued by Civil National Business Centre in Northampton
where do most unspecified claims for damages start?
CNBC
filing in High Court may be appropriate if:
financial value of claim is high
issues, remedies or procedures will be complex and/or
outcome of the claim would be important to the public in general
Following receipt of defence or omission, CNBC will transfer the claim to hearing centre local to:
Defendant’s home address - if they are an individual
Claimant’s preferred centre - if defendant is a company
What are the 3 benches of the high court?
Chancery, Family and King’s Bench
Cases heard in King’s Bench:
Defamation
Breach of contract
Negligence and personal injury
Land possession
Nonpayment of debt
Specialist courts:
Technology and Construction Court: claims against architects, engineers, surveyors
Commercial Court: complex business disputes especially international trade
Cases heard in the Chancery Division
Equity and trusts
Commercial fraud
Taxes
Intellectual property
Contentious probate matters/wills
Business disputes
Professional negligence other than those heard by TCC
Specialist courts:
Bankruptcy
Companies court
What is on the claim form?
Claimant and defendant’s full names and addresses
Brief details of the claim
State value of claim (specified if a debt or amount expect to recover in damages as “not more than…”
Specify the court preferred
Signed statement of truth
Accompanied by:
Court fee (5% if £10,000-£200,000 or £10,000 if more than £200,000)
Particulars of claim on the back of the claim form — or can serve PoC within 14 days of service of the claim on defendant
What is a Part 8 claim?
Claim that does not involve a substantial dispute of fact
If claimant doesn’t respond to Part 8 claim form, they cannot take part in the hearing unless court gives permission
What’s on Part 8 claim form?
Questions the claimant wants court to decide
Details of the claim
And
The capacity of the representative if claim being made in representative capacity
Must serve witness evidence and particulars of claim with claim form
Any evidence must contain statement of truth
Time frame for a claim form to be served on defendant
4 months after its date of issue
If service is outside the jurisdiction, 6 months
What is included when serving claim form?
Claim form
Notice of funding
Defendant’s response pack
Who is served notice when def is indiv/company/partnership?
indiv: should be nominated sols or the indiv if they dont have them
company: doesn’t have to be to sols, can be with someone in senior position in the company
partnership: partner or person who has control or management at principal place of business
When can service be faxed?
Party or legal rep has indicated in writing that they will accept service by fax
They have given the fax number (including a number on the firm’s writing paper)
And
Fax number is within the jurisdiction
When can claim forms be served by Document Exchange (DX)?
Party’s address for service includes DX
The DX number is on their writing paper
And
No indication that service will not be accepted by DX
When can a claim be served by email?
Only if there is express consent
And email address for the documents has been provided
When is claim form deemed to be served?
Second business day after it has been mailed/personally delivered/faxed/emailed or sent by DX
If a defendant’s whereabouts are unknown, where should claim form be sent?
Last known address if made reasonable enquiries to find them
How and when can’t he defendant argue service of proceedings was not valid?
Indicate it on the acknowledgment of service and make application to set service aside within 14 days
If the claimant’s solicitor serves the claim form, how long do they have to file a certificate of service?
21 days
How many days does a defendant have to respond to the claim?
14 clear days from the date the Particulars of Claim have been served
If a defendant files acknowledgement of service, how much longer do they have to admit or file defence?
14 additional days
(28 days from Particulars of Claim)
What is the max time frame for filing a defence?
56 days from deemed date of service of the particulars
(An additional 28 days from extension made by acknowledgement of service can be agreed)
Can you withdraw an admission of a claim?
Only with court’s permission
How can a defendant dispute the court’s jurisdiction?
Tick a box on acknowledgement of service then make an application supported by written evidence within 14 days after filing acknowledgement of service
What happens when def fails to file defence within time limit?
court can enter into default judgement, preventing them from mounting a defence
When can a defendant make an application to set aside a default judgement?
If they can show:
They acted promptly
Have a real prospect of successfully defending
And
There is some reason why the judgement should be set aside
A court must set aside a judgement if
Judgement was entered before expiry of time to respond
Claim has already been paid or settled
Judgement was entered whilst the defendant’s application to strike out or obtain summary judgement was pending
Judgement was entered whilst defendant’s request for time to pay was pending
What is a prayer for relief
The remedy sought
To be included in Particulars of Claim
