Dispute Resolution Flashcards
What are the requirements for creating pre-trial bundles?
- Claimant’s responsibility to prepare
- file it with the Court no more than 7 but no less than 3 days before the trial is due to start.
- must also supply identical copies to all other parties to the claim and for use by witnesses.
what is qualified one way costs shifting ?
Qualified one way costs shifting means the client will not be ordered to pay the defendant’s costs.
A claimant brings a claim against a defendant. The claimant loses at trial. The claimant wants to appeal. Which of the following best describes one of the bases upon which the appeal court may grant an appeal?
When considering whether to grant an appeal, one of the bases the appeal court will consider is whether the decision of the lower court was unjust because of a serious procedural irregularity in the proceedings.
what happens if one party (claimant) is in financial difficulty before the trial?
Costs
other party might apply for a security of costs action.
- likely to be made on the grounds that the claimant is an impecunious company.
- the defendant should produce evidence of the other parties’ poor financial standing (such as the company’s accounts and poor credit ratings).
when must parties file and complete a pre-trial checklist for a multi-track claim?
both parties must file a completed pre-trial checklist no later than eight weeks before the trial date. If one of the parties fails to comply the court will fix a hearing to ensure the case is ready for trial.
what is the general rule for serving witness summons?
The general rule is that it should be served at least seven days before the date on which the witness is required to attend court.
Can the country court imprison a witness for not attendening court by way of witness summons?
No, they can only issue a fine. HIgh court and above can issue fines + imprisonment.
What 4 factors are needed to be satisfied to prove Occupiers Liability 1957
- claimant to prove that the place was a ‘Premises’,
- claimant was a ‘Visitor’,
- the defendant is an occupier
- injuries were a result of the state of the premesis.
what words are associated w the Consumer Protection Act 1987
defect (means the item was usafe)
how should a claimant’s solicitor prepare the trial bundle for a High Court Multi-Track case?
The claimant’s solicitor should seek the defendant’s solicitor’s agreement to the content of the trial bundle. If it is not possible to agree the contents of the bundle, a summary of the points on which the parties are unable to agree should be included.
if a judge makes an injunction order for a party to pay costs when does this injuction begin and how many days does the party have to pay?
Begins: on date of injuction order given (unless judge says otherwise)
how many days: 14 days to pay (unless judge says otherwise)
What is a hostile witness?
a witness that turns on their own party. the judge has to declare this person as hostile before the solicitor can cross-examine them as if they are they other parties witness.
A decision is made by a County Court District Judge in favour of the defendant. The claimant wishes to obtain permission to appeal.
Which of the following judges have the power to grant permission to appeal?
County Court District Judge and County Court Circuit Judge.
Part 36 of the Civil Procedure Rules refers to what?
offers to settle a claim
what are the formalities of part 36 CPR?
- In writing
- Make it clear it is made pursuant to part 36 CPR
- Specify period of not less than 21 days during which, offer is accepted, D will pay the claimants costs (aka , the relevant period)
- State whether it relates to whole claim or just part + whether takes into account counter claim
what does the term ‘sum awarded’ refer to?
non-monetary costs
how would you know that part 36 CPR had no effect on costs?
Party pays:
- interest on damages as stated in particulars of claim
- costs on standard basis
the judgement creditor is…
the winning party
What are the 4 methods of enforcing payment after civil litigation?
- Taking control of gods
- Charging order
- Third party debt order
- Attachment of earnings – JD’s employer makes deductions from earnings and pays JD
how does the court assess costs on an indemnity basis?
- allow only those costs that were reasonably incurred by the claimant
- for a reasonable amount.
- The benefit of any doubt will be given to the claimant.
what does After the Event insuarance cover? (ATE)
- client’s own disbursements/legal costs
- Opponents legal costs.
- if client loses premium doesn’t need to be paid
does the high court have the power to make an attachment of earnings order?
No, only Crown Court can.
- Although the High Court has no power to make attachment of earnings orders, this method of enforcement can still be used but proceedings must first be transferred to the County Court.
what is an attachment of earnings order?
when a debtors employer is compelled to make regular deductions from the debtors earnings and pay them to court
what does part 89 CPR cover?
Attachment of earnings orders
what does part 72 CPR cover?
recovery of debt from 3rd party
what does part 73 CPR cover?
recovery of debt by charge order
what does part 83 CPR cover?
- seizing goods
taking charge of goods for recovery of debt
If a party makes a Part 36 offer that is ambiguous or unclear, how many days does the other party have to request clarification?
7 days in which to request clarification of the offer (CPR Part 36.8)
Can attachment orders be used for self-employed people?
Not advised
Qulaified one way costs shifting applies to..
Qualified one-way costs shifting (QOCS) applies to proceedings that include a claim for damages for personal injury (or death).
What does CPR r 44.16(1) provide regarding the enforcement of an order for costs made against a claimant in the UK?
- basically, if a claimant brought a claim they knew to be dishonest (balance of probabilities) then w the courts permission they will enforce a cost order against them.
CPR r 44.16(1) provides that an order for costs made against a claimant may be enforced with the permission of the court where the claim is found on the balance of probabilities to be fundamentally dishonest.
what is the end time of a business day for part 36 offers?
Part 36 offer is sent on a business day before 4.30pm
When does the limitation period begin for children that wish to pursue personal injury claims?
Time limit doesn’t start to run until 18th birthday.
What is the usual limitation period for adult personal injury claims?
3 years from date of the cause of action of date of knowledge of the person injured.
Is there any fetter on the courts abilities to grant or extend a stay in the proceedings ?
No, the court can extend as they see fit.
Is it possible to commence court proceedings w/out providing evidence of compliance with Practice Direction on Pre-Action Conduct and Protocols. (PDPAC)
Yes
Does arbitration give a final binding result?
Yes
Which of the following “mediation” or “arbitration” are private?
Both are
What is the correct limitation period for negligence claims that do not involve personal injury?
6 years from the date of damage caused as a result of breach of duty
According to the Practice Direction on Pre-Action Conduct and Protocols, what are the steps a claimant should usually comply with before issuing a claim?
Unless the limitation period is about to expire, the client should write to the customer with concise details of the claim and disclose key documents.
If the limitation period on a case for outstanding debt is expiring, what should the claimant do?
- issue proceedings
- ask debtor to agree to apply to the court to stay the proceedings
what is the purpose of a part 20 claim?
useful for seeking contribution from third parties or making claims for indemnity
What happens to the burden of proof under s 2(1) Misrepresentation Act 1967
It reverses
How long is a claim form valid for?
4 months
What are the formalities of an interim injunction
- N244 form
- witness statement
- evidence
- statement of truth (from solicitor)
When it comes to multiplicand and multiplier calculations, what salary is needed
Net, not gross
When calculating multiplicand and multiplier damages what must be included in the discount rate?
- effects of interest and inflation
How many days does a claimant have to accept or reject part admission to a claim?
14 days
What is the procedure for filing a summary judgement?
- File N244 form + witness statement
- Within 14 days of hearing
- File + serve written evidence 7 days before trial
When are claim forms deemed to be served?
- if by person: on the day of if before 4:30
- if by post: 2nd day after postage if posted on BD
Would would prevent a claimant from making a summery judgement application?
The defendant hasn’t filed an acknowledgement of service or deference
Do you need permission from the court to apply for summary judgement?
No
Can a defendant enforce a cost order against a claimant who lost a personal injury claim?
Only if the court finds on the balance of probabilities that the claimants claim was
- dishonest
What is the Minnie value for a claim to be allocated to the multi track?
£50,000
What value of claims does the small track deal with?
£5,000 - £10,000
What is the rabge of values for allocation to the Fast track?
10 - 25k
When allocating a claim to a track, what factors will the court disregard
- contributory neg
- interest
- costs
- amounts not in dispute
Can a party to mediation, compel the mediator to give evidence in a subsequent proceeding?
No.
Court has no power to order party in the circumstance to pay compensation to the court
