Dispute resolution Flashcards
How much does a personal injury claim need to be worth for it to be commenced int the High Court?
£50,000 or more
What is the value for a personal injury claim to be issued in the county court
Less than £50,000
How much does a NON-Personal injury claim need to be worth for it to be commenced in the High Court?
More than £100,000
What is the value for Non-PI claims to be issued in the county court?
Up to £100,000
What are the three grounds for issuing in the high court?
Financial value, complexity of facts / issues or remedies AND importance to the public
What happens if proceedings issued in wrong court?
Court can transfer claim at a cost to the claimant
What courts are in the kings bench division?
Commercial, circuit commercial, technology, admiralty, administrative, planning, general, some finance
What courts are in the chancery division?
Business list, insolvency and companies, revenue, competition, intellectual property, property, trusts and probate, some finance
In regard to the rules of precedent, which court’s rulings bind themselves?
Court of Appeal, the High Court (except for decisions taken by a single judge) the Upper Tribunal.
In regard to Conditional fee agreements (eg no win no fee) a solicitor may charge a success fee of up to 100% on top of the normal fee. What is the limit of a success fee in personal injury cases?
25% of the damages of the general damages.
In a damages based agreement, what percentage of the damages can a solicitor seek to recover in a personal injury case?
25% of damages, excluding damages for future care and loss
In a damages based agreement, what percentage of the damages can a solicitor seek to recover in an employment tribunal case?
35% of damages
In a damages based agreement, what percentage of the damages can a solicitor seek to recover in all other cases (all other meaning not personal injury or employment)?
50% of damages
What is the maximum value for a claim on the fast track?
Not more than £25,000 (trial must be 1 day max) (oral expert evidence limited to one per party in two fields max)
What is the limitation period for personal injury claims?
3 after the latest of: the date when the cause of action accrued; or the date of knowledge of the person injured.
What is the limitation period for all claims other than personal injury?
6 years after the date on which the cause of action accrued.
If a claimant loses its case, what is the limit of the cost order against them?
The level of damages and interest awarded to the claimant
What is summary assessment of costs and when do they normally take place?
Rough and ready assessment there and then, normally at the end of an interim application lasting one day or less, or at the end of a case on the fast track.
When are statements of costs filed?
At least 24 hours before the hearing
What are detailed assessments of costs?
Not decided there and then, the judge doesn’t assess the costs, the other parties try to come to an agreement. If they can’t be agreed one party will serve a bill of costs which the other party will reply to and then if no agreement ensues, the costs officer will determine the costs.
What is an interim costs order?
Normally made after an interim application to decide the costs of that application following the hearing of that application.
Order for costs in any event
D should pay C’s costs in any event
No order as to costs
No party can recover the costs of the interim application from the other party, and again that remains the case regardless of what happens at trial
Costs in the case
The costs of this application should be paid by the party that pays the costs following the trial so effectively the costs of the interim application are just lumped in with the costs of the action as a whole and paid by whoever pays those costs. Normally appropriate when the court does not think that either party is successful in relation to the interim application, or the interim hearing is more of a case of case management or procedural.
When is permission required by the Defendant for service?
Where the intended method of service is email or fax
When do the particulars of claim need to be served?
Within 14 days of the claim form (and within the four month period of service)
Deemed date of service of the claim form?
Second business after completion of the relevant step
Deemed date of service for docs other than the claim form?
Post: Second day after posting if a business day (otherwise the next business day)
Instant method (electronic, fax or personal service): If before 4:30pm then that business day, otherwise the next business day.
What is the deadline for service of the Acknowledgment of Service?
14 days following service of the particulars of claim.
When is the deadline for filing a defence?
14 days after service of the PoC unless an AoS is filed. If an AoS is filed the deadline is 28 days after service of the PoC)
How long can the claimant and defendant agree to extend the deadline to file a defence?
A further 28 days ( so it can be a max of 56 days in total)
Counting time rules
1) Do not count the date on which the period begins.
2) Day on which the period ends is included unless the period ends on an event e.g. 5 days before a hearing - hearing day doesn’t count
3) Periods of 5 days or less do not count weekends.
4) Court office closed? In time if done on next open day.
When must a defendant admit a claim?
Within 14 days of service of the PoC
What is the time limit for serving interim applications?
As soon as possible but not less than 3 clear days before the date which the court has set for the hearing
Rules in relation to summary judgment and interim payment orders
It must be served at least 14 days before the hearing. The respondent must respond at least 7 days before the hearing. At least 3 days before the hearing the applicant will serve it’s evidence in reply.
What is an application for security for costs?
An application by a defendant who is concerned the defendant does not have sufficient funds to meet the defendant’s costs should the claim be successfully defended.
What is an application for interim payment?
An interim payment is payment on account of damages, debt or other sum (except costs) which a defendant may be held liable to pay to a claimant. Usually happens when a D has admitted liability to pay damages (or some other form of money) to the claimant. Court could be satisfied that if the claim went to trial the claimant would obtain judgment for a substantial amount of money.
Will permission be required to file a counterclaim against a person other than the claimant?
Yes always