Dispute resolution Flashcards
If you don’t want to participate in ADR, what do you do?
Issue witness statement setting out reasons in 21 days of proposal. Don’t issue to judge until cost arguments arise
How many parts does the CPR have?
89
When does the limitation period run from?
Day AFTER cause of action accrues, but ends 6/3 years to the date of the action
Contract limitation period
6 years from breach - for defects this is PC
Tort limitation period
6 years from CoA - accrues when tort committed I.e damage occurs as a result of breach of duty
Negligence PI lim period?
- 3 years from cause of action, or date of knowledge of person injured;
- Minor - runs for 18 years old
Latent defects lim?
- 6 years cause of action;
- 3 years from date of discovery (whatever later);
- No later than 15 years after date of neggy act
What PD to use if there isn’t one?
Practice Direction on Pre-Action Conduct and Pre-Action Protocols
PDPAC - when to reply to letter of claim?
Simple? 14 days. Complex? Max 3 months
Pre-Action Protocol for Debt Claims - how long for debtor to respond? How can bring claim?
30 days - creditor is co. And debtor individual or sole trader
When must CF be served on other parties
4 months of issue
When is CF deemed served
2 business days after sending - inc personal service !
When can you serve POC?
14 days after service of CF, no later than 4 months after CF issued.
How long does a claimant have to consider an offer for partial payment of spec sum?
14 days
How to challenge jurisdiction ?
Serve AoS and say in that, challenge in 14 days after or lose right
If jurisdiction app refused, what happens?
Have 14 days to file further AoS and proceedings continue normally
When must an interim app be served on the otherside ?
3 CLEAR days before hearing - date of service and the date of hearing are excluded - consider deemed service !!!
How long to set aside or vary an order issued on you without notice ?
7 days
Do you need permission to apply for summary judgment
Only if D hasn’t file AoS or Defence yet
How much notice of a summary judgment hearing date must a respondent be given ?
At least 14 days notice - not clear days!
How long does the respondent have to file and serve written evidence for a summary judgment hearing?
7 days before hearing
When must applicant serve additional evidence for summary judgment hearing, after it has receive respondents evidence ?
At least 3 days before hearing
What is a conditional order
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!
When can an interim payment application be made ?
After time for acknowledging service
Which injunctions are made without notice?
Freezing injunctions and search orders
If a D wants to serve evidence to counter an interim payment application, when must the evidence be served ?
7 days before the hearing
If a D serves counter evidence for an interim payment application, when may C respond with further evidence ?
3 days before hearing
When is an interim payment given?
- D admits liability;
- C has obtained a judgment against D; or
- 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.
Small claims - how long before final hearing to disclose all docs intend to reply on including expert reports
14 days
How do parties notify court of their requirements for disclosure - multi track?
Disclosure report
When do parties seek to agree proposal for disclosure - multi track?
7 days before CMC
What orders can the court make for disclosure - multi track
Standard, any other order considered appropriate by court (e.g dispensing with disclosure, specific disclosure, issue by issue basis)
What form should the request to inspect disclosure docs be made in and when should they be handed over?
In writing, granted in 7 days, often longer is given
Before awarding pre-action disclosure; what do the courts need to be satisfied ?
- Both parties likely to be parties to proceedings;
- Docs would come within the definition of standard disclosure; and
- 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
In a multi track case, what should be issued with the DQ?
- Case summary;
- Disclosure report;
- Costs budget and budget discussion; and
- Draft order for directions
Multi track - if agreeing own directions when must they be issued with court for approval
7 days before CMC
What claim sum doesn’t need costs budget
£10 million or more
What is a costs management order
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
Effect of costs management order
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
What is a budget discussion report and when just it be filed ?
Highlighting costs agreed and disagreed - 7 days before CMC
When won’t a costa management order be made ?
When court is satisfied the claim cns be conducted justly and at a priori is cost without it
Purpose of CMC
Identify live issues and set timetable for trial
Claim is £3,500 but claims of dishonesty - which track,
Fast
Disclosure after the fact - procedure
Serve amended list of docs asap and ask other side or court for permission to use at trial if good
What is hearsay evidence ?
A statement made outside of court, that is repeated in court, to prove truth of the matter said
Multi-track - experts - what directions can court given
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
When can witness summons be issued
7 days before witness in court - otherwise need court permission
Multi/fast track - when do pretrial checklists need to be issued ?
8 weeks before trial
What happens if don’t issue pre trial checklist on time
Same as if don’t file DQ
If only one party issues pre trial checklist what happens
Court will fix hearing to ensure case is ready for trial
When is a pre trial review set
If case will be more than 10 days long (maybe)
How long should trial bundle be
Case law suggests no more than 250 pages
When to file trial bundle
Between 7 and 3
Another word for case summary
Skeleton argument
Can district judges be in high court ?
Yes
What do you call different judges
Circuit - your honour, district - sir/madam, judge - my lord/lady,
Fast track - when are prelim issues heard and does C make opening statement
Usually before trial, judge may allow it
When a witness be re-examined by their advocate ?
Only when matters have been raised by cross-examination - open questions only
Who gives closing speech first
Defendant advocate, then claimants. Summarise facts and law
How are costs assessed at fast track trial ?
Summarily assessed at end of trial
How are costs assessed at multi track
Judge says who wins then will need to do a more detailed assesssment at a later hearing
When is payment due at the end of trial
14 days unless stated otherwise
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?
14 days after relevant direction - oral hear8ng
Timing to appeal
21 days CC or HC, 28 days to apply for leave for CoA decision
When is permission granted for leapfrog appeals
- Important point of principle or practice;
- Some other compelling reason.
Usually urgency,
What is process for leapfrog appeal?
- Lealfrog certificate from trial judge;
- Grant from SC
When can an appellate court accept (grant) an appeal - not permission
- Wrong as to point of law, interpretation of facts or exercise of discretion;
- Unjust because of serious procedural irregularities in proceedings of lower court
Order of trial
Prelim issues (FT usually dealt with before), claimant usually give opening speech, witnesses, Ds case, ad closing speech, C closing speech
When to issue Notice of Commencement of Detailed Assessment Proceedings with bill of costs and evidence attached?
3 months of judgment
Timetable if notice of commencement of detailed assessment hearing has been challanged
- 21 days to serve points of dispute
- 21 days for receiving party to reply
- 3 months for receiving party to request hearing assessment from expiry of commencement deadline
- Costs less than £75k, judge undertakes provisional assessment without parties
- Unhappy? Request hearing in 21 days - if don’t get adjusted 20% then pay for costs of hearing
Can avoid by agreeing costs
When is payment for part 36 offer due?
14 days from acceptance. If not paid, the other party can request judgement.
How long to service inter8m charging order and application notice on debtor
21 days
How long does creditor have to request court officer’s decision is reviewed - ICO
14 days
How to object to final charging order
File written evidence stating grounds in 28 days
When is hearing listed after interim third party debt order
28 days later
Which court has the power to make an attachment of earnings order?
County court - not high court
How long to enforce judgment in Scotland
Register judgment in 6 months
How long to enforce judgment in Scotland ?
6 months to register judgment
How to enforce judgment in common wealth countries?
Administration of justice Act - High Court - register judgment in 12 months
Foreign judgments (reciprocal enforcements) Act 1933 - county court - 6 years
Can you enforce judgment in countries in Hague Convention 2002?
Yes
