Dispute Resolution Flashcards
Which senior judge led the reform of the civil justice system in the late 1990’s?
Lord Woolf
Name three forms of alternative dispute resolution
Conciliation
Mediation
Adjudication
The Housing Grants, Construction and Regeneration Act 1996 only applies to…
Construction contracts whether or not they are in writing
What does the Housing Grants, Construction & Regeneration Act 1996 imply into construction contracts?
A right to defer disputes into adjudication
How did the Latham Report (1994) describe the construction industry’s approach towards dispute resolution?
Ineffective
Adversarial
Fragmented
Which dispute resolution technique tends to be the quickest?
Adjudication
What are the features of the ‘overriding objective’ of the civil court system to deal with disputes justly?
Ensure the parties are on an equal footing
Minimise expenditure
Deal with cases expeditiously and fairly
Where are construction disputes often heard?
Technology and Construction Court (TCC)
What was the only recommendation of the Latham Report (1994) which was adopted into law?
Compulsory recourse to adjudication
What was the official title of the Latham Report (1994)?
Constructing the Team
What three forms of dispute settlement embody contract agreements within the parties?
Adjudication
Mediation
Conciliation
What is the name of the set of standard contract terms imposed by the Housing Grants, Construction & Regeneration Act 1996 into construction contracts if they have not made adequate provision to meet the requirements of the Act themselves?
The Scheme for Construction Contracts
Under the statutory scheme, how quickly must an adjudicator reach a decision, following receipt of the referring party’s Referral Notice?
28 Days
In relation to the civil litigation system as reformed in 1998 following the Woolf Report, what does ‘CPR’ stand for?
Civil Procedure Rules
Name three requirements of the MoJ’s Pre-Action Protocol for Construction and Engineering Disputes?
That the claimant must send the defendant a comprehensive Letter of Claim setting out full details of the claimant’s allegations before bringing formal legal proceedings
That the defendant must supply a comprehensive response to the claimaint’s allegations before bringing formal legal proceedings
That the parties should consider whether ADR might be more appropriate than litigation
What is the TCC intended for
Building, construction and engineering disputes
Claims relating to complex computer and communications contract disputes
Claims relating to fires, pollution and neighbour disputes
Name three characteristics of the TCC and it’s approach to disputes
Heavy reliance on computerisation of evidence
More collaborative approach (parties have a more active role in wording)
Specialist judges
Name three parts of an Expert Witnesses’ duties
Parties can only call expert witness evidence with court permission
The courts will require the parties’ experts to meet before trial to attempt to narrow down the range of issues in dispute
Experts owe duties to the court to present their expert opinions in an unbiased manner
Which Act of Parliament regulates arbitration proceedings?
Arbitration Act 1996
What are some characteristics of arbitration?
Arbitration gives the parties more freedom than litigation on how the proceedings will be organised.
There are only limited rights of appeal to the civil courts about an arbitrator’s ruling.
Unlike most court proceedings, arbitration hearings are held in private. There are no public rights of access to arbitration hearings.
