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SQE 1 (Mine) > Dispute resolution > Flashcards

Dispute resolution Flashcards

1
Q

If you don’t want to participate in ADR, what do you do?

A

Issue witness statement setting out reasons in 21 days of proposal. Don’t issue to judge until cost arguments arise

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2
Q

How many parts does the CPR have?

A

89

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3
Q

When does the limitation period run from?

A

Day AFTER cause of action accrues, but ends 6/3 years to the date of the action

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4
Q

Contract limitation period

A

6 years from breach - for defects this is PC

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5
Q

Tort limitation period

A

6 years from CoA - accrues when tort committed I.e damage occurs as a result of breach of duty

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6
Q

Negligence PI lim period?

A
  1. 3 years from cause of action, or date of knowledge of person injured;
  2. Minor - runs for 18 years old
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7
Q

Latent defects lim?

A
  1. 6 years cause of action;
  2. 3 years from date of discovery (whatever later);
  3. No later than 15 years after date of neggy act
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8
Q

What PD to use if there isn’t one?

A

Practice Direction on Pre-Action Conduct and Pre-Action Protocols

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9
Q

PDPAC - when to reply to letter of claim?

A

Simple? 14 days. Complex? Max 3 months

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10
Q

Pre-Action Protocol for Debt Claims - how long for debtor to respond? How can bring claim?

A

30 days - creditor is co. And debtor individual or sole trader

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11
Q

When must CF be served on other parties

A

4 months of issue

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12
Q

When is CF deemed served

A

2 business days after sending - inc personal service !

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13
Q

When can you serve POC?

A

14 days after service of CF, no later than 4 months after CF issued.

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14
Q

How long does a claimant have to consider an offer for partial payment of spec sum?

A

14 days

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15
Q

How to challenge jurisdiction ?

A

Serve AoS and say in that, challenge in 14 days after or lose right

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16
Q

If jurisdiction app refused, what happens?

A

Have 14 days to file further AoS and proceedings continue normally

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17
Q

When must an interim app be served on the otherside ?

A

3 CLEAR days before hearing - date of service and the date of hearing are excluded - consider deemed service !!!

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18
Q

How long to set aside or vary an order issued on you without notice ?

A

7 days

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19
Q

Do you need permission to apply for summary judgment

A

Only if D hasn’t file AoS or Defence yet

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20
Q

How much notice of a summary judgment hearing date must a respondent be given ?

A

At least 14 days notice - not clear days!

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21
Q

How long does the respondent have to file and serve written evidence for a summary judgment hearing?

A

7 days before hearing

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22
Q

When must applicant serve additional evidence for summary judgment hearing, after it has receive respondents evidence ?

A

At least 3 days before hearing

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23
Q

What is a conditional order

A

Sometimes given for summary judgment - judge thinks it is possible but not probably a claim lr defence may succeed. May say a party can continue if pay sum money to court (to show they are genuine) or maybe take a specified step!

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24
Q

When can an interim payment application be made ?

A

After time for acknowledging service

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25
Q

Which injunctions are made without notice?

A

Freezing injunctions and search orders

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26
Q

If a D wants to serve evidence to counter an interim payment application, when must the evidence be served ?

A

7 days before the hearing

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27
Q

If a D serves counter evidence for an interim payment application, when may C respond with further evidence ?

A

3 days before hearing

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28
Q

When is an interim payment given?

A
  1. D admits liability;
  2. C has obtained a judgment against D; or
  3. court is satisfied if claim went to trial, C would obtain substantial judgment (other than costs).

USUALLY GIVEN WHEN THERE IS LIKELY TO BE A DELAY IN THE ASSESSMENT OF DAMAGES!

Burden on application is high.

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29
Q

Small claims - how long before final hearing to disclose all docs intend to reply on including expert reports

A

14 days

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30
Q

How do parties notify court of their requirements for disclosure - multi track?

A

Disclosure report

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31
Q

When do parties seek to agree proposal for disclosure - multi track?

A

7 days before CMC

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32
Q

What orders can the court make for disclosure - multi track

A

Standard, any other order considered appropriate by court (e.g dispensing with disclosure, specific disclosure, issue by issue basis)

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33
Q

What form should the request to inspect disclosure docs be made in and when should they be handed over?

A

In writing, granted in 7 days, often longer is given

34
Q

Before awarding pre-action disclosure; what do the courts need to be satisfied ?

A
  1. Both parties likely to be parties to proceedings;
  2. Docs would come within the definition of standard disclosure; and
  3. That disclosure is desirable to dispose fairly of anticipated proceedings, that it would assist the dispute being resolved with proceedings, or that it would save costs
35
Q

In a multi track case, what should be issued with the DQ?

A
  1. Case summary;
  2. Disclosure report;
  3. Costs budget and budget discussion; and
  4. Draft order for directions
36
Q

Multi track - if agreeing own directions when must they be issued with court for approval

A

7 days before CMC

37
Q

What claim sum doesn’t need costs budget

A

£10 million or more

38
Q

What is a costs management order

A

Court will record extent to which any incurred or budgeted costs are agreed between parties;
And
For costs not agreed - record courts approval after making appropriate lreversion s

39
Q

Effect of costs management order

A

Will not depart from costs budget unless good reason not to if standard basis - no costs management order means more flexibility - if 20% difference or more between costs claimed and budget, party provide statement of reasons. Court then decides

40
Q

What is a budget discussion report and when just it be filed ?

A

Highlighting costs agreed and disagreed - 7 days before CMC

41
Q

When won’t a costa management order be made ?

A

When court is satisfied the claim cns be conducted justly and at a priori is cost without it

42
Q

Purpose of CMC

A

Identify live issues and set timetable for trial

43
Q

Claim is £3,500 but claims of dishonesty - which track,

A

Fast

44
Q

Disclosure after the fact - procedure

A

Serve amended list of docs asap and ask other side or court for permission to use at trial if good

45
Q

What is hearsay evidence ?

A

A statement made outside of court, that is repeated in court, to prove truth of the matter said

46
Q

Multi-track - experts - what directions can court given

A

Set date to exchange, can in 28 days of service ask Qs on clarification which bec9me part of report, may order WP meeting between experts to narrow issues, SJS - issues agree and disagree, presumption to rely on written but often oral in multi

47
Q

When can witness summons be issued

A

7 days before witness in court - otherwise need court permission

48
Q

Multi/fast track - when do pretrial checklists need to be issued ?

A

8 weeks before trial

49
Q

What happens if don’t issue pre trial checklist on time

A

Same as if don’t file DQ

50
Q

If only one party issues pre trial checklist what happens

A

Court will fix hearing to ensure case is ready for trial

51
Q

When is a pre trial review set

A

If case will be more than 10 days long (maybe)

52
Q

How long should trial bundle be

A

Case law suggests no more than 250 pages

53
Q

When to file trial bundle

A

Between 7 and 3

54
Q

Another word for case summary

A

Skeleton argument

55
Q

Can district judges be in high court ?

A

Yes

56
Q

What do you call different judges

A

Circuit - your honour, district - sir/madam, judge - my lord/lady,

57
Q

Fast track - when are prelim issues heard and does C make opening statement

A

Usually before trial, judge may allow it

58
Q

When a witness be re-examined by their advocate ?

A

Only when matters have been raised by cross-examination - open questions only

59
Q

Who gives closing speech first

A

Defendant advocate, then claimants. Summarise facts and law

60
Q

How are costs assessed at fast track trial ?

A

Summarily assessed at end of trial

61
Q

How are costs assessed at multi track

A

Judge says who wins then will need to do a more detailed assesssment at a later hearing

62
Q

When is payment due at the end of trial

A

14 days unless stated otherwise

63
Q

Appeal, of getting permission straight from CoA, and court feels the matter can’t be fairly determined without presence of parties, when must CoA list hearing?

A

14 days after relevant direction - oral hear8ng

64
Q

Timing to appeal

A

21 days CC or HC, 28 days to apply for leave for CoA decision

65
Q

When is permission granted for leapfrog appeals

A
  1. Important point of principle or practice;
  2. Some other compelling reason.

Usually urgency,

66
Q

What is process for leapfrog appeal?

A
  1. Lealfrog certificate from trial judge;
  2. Grant from SC
67
Q

When can an appellate court accept (grant) an appeal - not permission

A
  1. Wrong as to point of law, interpretation of facts or exercise of discretion;
  2. Unjust because of serious procedural irregularities in proceedings of lower court
68
Q

Order of trial

A

Prelim issues (FT usually dealt with before), claimant usually give opening speech, witnesses, Ds case, ad closing speech, C closing speech

69
Q

When to issue Notice of Commencement of Detailed Assessment Proceedings with bill of costs and evidence attached?

A

3 months of judgment

70
Q

Timetable if notice of commencement of detailed assessment hearing has been challanged

A
  1. 21 days to serve points of dispute
  2. 21 days for receiving party to reply
  3. 3 months for receiving party to request hearing assessment from expiry of commencement deadline
  4. Costs less than £75k, judge undertakes provisional assessment without parties
  5. Unhappy? Request hearing in 21 days - if don’t get adjusted 20% then pay for costs of hearing
    Can avoid by agreeing costs
71
Q

When is payment for part 36 offer due?

A

14 days from acceptance. If not paid, the other party can request judgement.

72
Q

How long to service inter8m charging order and application notice on debtor

A

21 days

73
Q

How long does creditor have to request court officer’s decision is reviewed - ICO

A

14 days

74
Q

How to object to final charging order

A

File written evidence stating grounds in 28 days

75
Q

When is hearing listed after interim third party debt order

A

28 days later

76
Q

Which court has the power to make an attachment of earnings order?

A

County court - not high court

77
Q

How long to enforce judgment in Scotland

A

Register judgment in 6 months

78
Q

How long to enforce judgment in Scotland ?

A

6 months to register judgment

79
Q

How to enforce judgment in common wealth countries?

A

Administration of justice Act - High Court - register judgment in 12 months
Foreign judgments (reciprocal enforcements) Act 1933 - county court - 6 years

80
Q

Can you enforce judgment in countries in Hague Convention 2002?

A

Yes

SQE 1 (Mine) (8 decks)

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