Dispute Resolution Flashcards
When does the limitation period run from and to?
Runs day after cause of action ends to the date
What is the effect of a limitation period?
Technical defence - can still bring claim
When does limitation run from for Tort / contract?
Contract - breach. Tort - when tort committed, for neggy will be when damage occurs. 6 years for both but 3 years for PI (from CoA or date of knowledge). If u18, runs from 18 bday
Negligent - damage hidden? 6 years from CoA, or 3 years knowledge of damage, but long stop date of 15 years from date of negligent act or omission
Can the limitation period be changed?
Can be shortened in contract. Extended in very rare cases - think of the sexual assault offender who won £7mil, court extended lim period
What is a protected party?
Can’t manage own affairs due to mental disorder - mental capacity act 05
What are the safeguards for children and protected parties ?
Settlement has to be approved by the court
If q claim is specified and unspecified sums, what will it be overall?
Unspec
Legal definition of a misrepresentation, and the purpose of damages?
Misleading statement of fact that induces someone to enter contract. Puts claimant back in position it would have been in prior to entering contract.
What pre-action protocol is used of mine exists ?
Practice Direction on Pre-Action Conduct and Protocols
Purpose of PAP
Initiate and increase pre action contract, encourage better and earlier exchange of info between the parties, more likely to settle case fairly and early without litigation
Principles all PAPs have in common?
Narrow issues; exchange sufficient info to allow each side to understand case, settle without proceedings, consider ADR, reduce costs; reasonable and proportionate steps only
PDPAC steps
- c write letter with concise details of claim
- Simple claim? Response in 14 days. Complex? 3 months. Inc details of counterclaim. Key docs should be disclosed
Consequences of not complying with PDPAC or any PAP?
- Penalised on costs - maybe indemnity?
- Depriving C of interests (some or all) on damages;
- D to pay Interest on damages, up to 10% per annum above base rate.
Who does PAP Debr Claims apply to
Business / sole trader to individual. Not B2B
Whose countries jurisdiction applies?
First, look at contract.
Hague convention (EU states are members - UK is too). Exclusive jurisdiction clause? Then clause limits dispute to the courts of one jurisdiction. Need the clause.
No HC? Common law rules - serve D in the jurisdiction I.e enabland and wales . If they are outside jurisdiction then need court permission. Service of court papers themselves establishes the court’s jurisdiction.
D could object in grounds English courts not most appropriate
When will court give permission to serve outside jurisdiction?
- Contract made or breached in England or wales, is governed by English law or contains English jurisdiction clause; or
- Tort - act causing damage done in England or wales, or loss sustained here.
If a claim sum is over £100k where can it be issued?
County court or high court - think complexity and public importance
What have the county court money claims centre and county court business centre been replace with?
Civil National Business Centre (at Northampton) pursuant to Civil Procedure (Amendment No.3) Rules 2023.
What sort of claims does the Civil National Business Centre hear? Where do the other types go?
All money claims. The other CC claims will just go to whatever CC the claimant wants, usually the closest
Wat are the 3 divisions of the high court? Where is the main office?
- Kings bench(contract & tort)
- Chancery (Company, partnership, land, trust, contentious probate, patents)
- Family
Royal Courts of Justice
Can you claim in high court that isn’t in London?
Yes there are local district registries e.g in Birmingham. Example, have TCC district registry in liverpool
When are proceedings started? When is claim brought for limitation purposes?
When CF received by Court, but for limitation purposes when received by Court office
Who to issue claim against if D dead?
Executors/personal reps
What value if spec claim? What value if unspec?
Spec: Exact amount & work out interest.
Unspec: Banding i.e anticipate over £100k. Disregard interest & costs; contributory negligence & counter-claims. What if PI? Over £50k is high court, must state if damages for pain & suffering is over £1.5k.
If fixed costs then include, if not put “to be assessed”