Dispute Resolution Flashcards
If one does not include the Particulars of Claim on the N1 claim form, when must they be served?
Within 14 days of service of the claim form.
When can an application for pre-action disclosure be made?
It is possible to make an application for pre-action disclosure if disclosure would fairly assist in disposing of the claim and save costs.
When can an application for Summary Judgement be made?
As soon as the claimant serves the Particulars of Claim and the defendant files an acknowledgement of service.
What is litigation privilege?
Litigation privilege protects communications between a solicitor and a third party (for example, an expert or a barrister) sent for purposes of preparation for trial.
What must a solicitor do to carry out freelance activities when he is not authorised as a sole practitioner by the SRA?
A freelance solicitor can carry out reserved legal activities without being authorised as a sole practitioner by the SRA. These include that the freelance solicitor must have three years’ post-qualification experience, must take out and maintain adequate and appropriate insurance, must not hold client money, and must notify the SRA that they are acting as a freelance solicitor.
If you find out important information that helps your client about the other side at a social function (unrelated to work), can you tell your client?
Yes.
Who can attend a without prejudice meeting of experts?
When a court orders experts to meet to agree the issues, neither the parties nor their legal representatives should attend the meeting.
What is the relevant time period for a transaction at an undervalue?
The relevant time period for a transaction at an undervalue is within two years of a company’s insolvency.
