Dispute Resolution

Question 1

At what time in a case can negotiation take place?

Answer 1

At any time, pre- or post-litigation.

Question 2

What is the court’s overriding objective re managing claims?

Answer 2

Cases are resolved in a proportionate, expeditious and fair manner.

Question 3

Is parties’ consent needed for ADR?

Answer 3

Yes, ADR is a voluntary process.

Question 4

What penalty can the court impose for unreasonable refusal to engage in ADR?

Answer 4

The court has discretion to penalise the “unreasonable party” in respect of the legal costs that they can recover.

Question 5

What is the practical consequence of having a contract that specifically states that the parties must resolve any dispute by arbitration?

Answer 5

The parties must follow arbitration unless both parties agree to use another method of dispute resolution.

If a party decides to issue court proceedings, the court will ‘stay’ proceedings on the basis that the appropriate forum for resolving the dispute is arbitration, not litigation.

Question 6

Do the strict rules of evidence apply in arbitration?

Answer 6

No.

[The parties are required to make written submissions and produce relevant documents.]

Question 7

What are the key features of mediation?

Answer 7

1. Informal;
2. Confidential and ‘without prejudice’;
3. The parties are in control and can walk away at any time;
4. The mediator is entirely neutral;
5. Mediation is non-binding until a final written agreement has been signed.

Question 8

Do the strict rules of evidence apply in mediation?

Answer 8

No; the parties are unbound in their presentation of evidence.

Question 9

When the mediation can take place?

Answer 9

At any time, before or during litigation.

Question 10

What are the key points re the mediator’s role?

Answer 10

1. The mediator is not a judge or arbitrator.
2. The mediator does not rule on the merits of the claim nor suggests or impose settlement terms.
3. The cost of the mediator are born jointly by the parties.

Question 11

What is an ‘early neutral evaluation’?

Answer 11

A ‘neutral’ (third party) is appointed to hear each side’s case to render an opinion of the probable outcome at the trial, with a view to encourage settlement of the claim.

Question 12

What is the time limit for longstop for latent defects?

Answer 12

15 years.

Question 13

What is the time limit for claims for breach of contract?

Answer 13

6 years

Question 14

What is the time limit for most claims in tort?

Answer 14

6 years

Question 15

What is the time limit for claims for personal injury?

Answer 15

3 years

Question 16

What is the time limit for fatal accident claims?

Answer 16

3 years

Question 17

What is the time limit for claims for defamation?

Answer 17

1 year

Question 18

What is the time limit for claims for unfair dismissal?

Answer 18

3 months

Question 19

May a claim exceeding £100,000 be started in County Court?

Answer 19

Yes (e.g., a simple case of breach of contract).

Question 20

What are the reasons to file a claim in High Court?

Answer 20

1. The financial value of the claim and the amount in dispute; and/or
2. The complexity of the facts, legal issues, remedies or procedures involved; and/or
3. The importance of the outcome of the claim to the public in general.

Question 21

What can happen when a claimant starts proceedings in the High Court in contravention of the rules?

Answer 21

If the Court feels that the County Court is the appropriate venue, it can transfer or strike out the claim.

Question 22

Where a claimant should issue a money claim?

Answer 22

County Court Money Claims Center (‘CCMCC’) in Salford, Manchester

Question 23

What is the role of a County Court hearing center?

Answer 23

1. Manage cases;
2. Deal with applications;
3. Give directions;
4. Hear trials.

Question 24

Where can a claim on a question that is unlikely to involve a substantial dispute of fact be started?

Answer 24

At any County Court hearing centre, unless a rule, practice direction, or enactment provides otherwise.

Question 25

Where will the case be transferred following receipt of defence or admission?

Answer 25

1. To the hearing centre local to the defendant’s home address (if the defendant is an individual), or
2. To the claimant’s preferred hearing centre (if the defendant is a company).

Question 26

What should be indicated on the claim form being issued in the High Court?

Answer 26

Whether the claimant wishes to issue the claim out of a District Registry and in which Division they wish to issue the claim.

Question 27

Types of claims that are typically dealt with by the King’s Bench Division?

Answer 27

1. Defamation;
2. Breach of contract;
3. Negligence;
4. Personal injury;
5. Land possession;
6. Non-payment of debts.

Question 28

Speciality courts within the King’s Bench Division

Answer 28

The Business and Property Courts, which include:
1. The Technology and Construction Court (TCC);
2. The Commercial Court.

Question 29

What kind of disputes does the TTC (Technology and Construction Court) handle?

Answer 29

1. More than 250,000£
2. Disputes about buildings, engineering, and surveying.

E.g. (1) claims about services provided by engineers, architects, surveyors, (2) environmental claims, (3) claims about local authority duties relating to land and buildings.

Question 30

What kind of disputes does the Commercial Court handle?

Answer 30

Complex national and international business disputes, in particular international trade, banking and insurance.

Question 31

Types of claims that are typically being dealt with by the Chancery Division?

Answer 31

1. Equity and trust;
2. Commercial fraud;
3. Tax;
4. Intellectual property;
5. Land;
6. Business disputes;
7. Contentious probate;
8. Regulatory work;
9. Bankruptcy;
10. Professional negligence.

Question 32

What are the specialists courts with the Chancery division?

Answer 32

1. Bankruptcy Court
2. Companies Court

Question 33

What are the rules re including the full names of the parties on the claim form (individual, partnership, companies, etc)?

Answer 33

1. A person’s full unabbreviated name (if they are carrying a business in some other name that too).
2. The full name of a partnership and every partner.
3. The registered name of a registered limited liability partnership or company, including the appropriate suffix such as LLP or plc.

Question 34

What information should be included in the claim form?

Answer 34

1. Names and addresses of the parties;
2. Brief details of the claims;
3. Remedy sought by the claimant (damages, injuction);
4. Statement of value (to determine the track and the fee payable to the court).
5. The claimant’s proffered court for hearings.
6. The court fee and the legal costs claimed.
7. Particulars of claim (either on the back of the claim form or as a separate document).
8. Statement of truth.
9. The Claimant’s name and address for service.

Question 35

What information should be included in the claim form if the claims is for issue in the High Court?

Answer 35

1. A statement that the claimant expects to recover more than 100,000£ (or 50,000£ in a personal injury case) or
2. Details of the enactment that provides that the claim may be commenced in the High Court.

Question 36

How should the value of the claim be estimated?

Answer 36

The claimant should disregard:
1. Interests;
2. Costs;
3. Contributory negligence;
4. Any counterclaim together with any sums repayable to the Compensation Recovery Unit.

Question 37

What are the court fees for claims?

Answer 37

1. 5% of the value of the claim for claims £10,000-200,000;
2. £10,000 for claims exceeding £200,000.

Question 38

When the Particulars of Claim (a separate document) is being served?

Answer 38

Either with the claim form or within 14 days following service of the claim form.

Question 39

What must the claimant send to the court for issuing the claim form?

Answer 39

1. Enough copies of the claim form for service on each defendant, together with a copy for the court file;
2. The same number of copies of the Parriculats of claim (If the court needs to serve the proceedings and the Particulars of claims are to be served at the same time);
3. A certificate of suitability of the Litigation Friend (if one is being used);
4. If the court is serving, a Notice of Funding;
5. The court fee.

Question 40

When does Part 8 Claim apply?

Answer 40

When a claim does not involve a substantial dispute of facts.

Question 41

What must a Part 8 claim state?

Answer 41

1. Part 8 applies;
2. The questions that the claimant wants the court to decide or the remedy sought and the legal basis for the claim to that remedy;
3. Details of the claim being made;
4. The capacity of the representative if the claim is being in a representative capacity.

Question 42

When does the claim need to be served?

Answer 42

1. Within four months of the date of issue.
2. Within six months of the issue if a party is outside the jurisdiction.

Question 43

When is the claim form deemed to be served?

Answer 43

On a second business day after the ‘step required’

Question 44

What is the deadline for filing a certificate of service, if the claimant’s solicitor is serving?

Answer 44

21 days.

Question 45

When permission from the court for the service of the claim to the defendant residing abroad is not required?

Answer 45

When the defendant resides in Scotland or Norther Ireland or in other situations in which the defendant is resident in the UK.

Question 46

What are the time limits for responding to a claim?

Answer 46

Within 14 days after the date of deemed serive of the Particulars of Claim.

Question 47

What are the rules for calculating the date of deemed service of the Particulas of Claim (if served after the claim form)?

Answer 47

1. First class post / Document exchange: the second day after it was posted/ left with/ delivered to / collected by; provided that day is a business day (if not the next business day after that day).
2. Delivering the document or leaving it at a permitted address / Fax / Other electronic means / personal service: if before 4.30 p.m. on a business day, on that day (in any other case: on the next business day)

Question 48

How can the defendant respond to the claim?

Answer 48

1. Admit the claim;
2. File and serve a defence to the claim (possibility with a counterclaim);
3. Acknowledge service and indicate that they propose to defend the claim.

Question 49

Can the time limit to respond to the claim be extended?

Answer 49

Yes, by agreement between the parties. But only for a further 28 days (and 56 in total) from the deemed date of service of the Particulars of Claim in case where the defendant has filed an acknowledgement l.