Dispute Resolution

Question 1

Statement of Value for unspecified claims in the High Court

Answer 1

Claimant expects to recover more than 100,000/50,000

Question 2

Statement of value unspecified claim in County Court

Answer 2

Not more than 10,000
More than 10,000 but not more than 25,000
More than 25,000

If personal injury also state: The amount the claimant expects to recover as to general damages for pain and suffering and loss of amenity is not more/more than 5,000

Question 3

Grounds for adding, removing or substituting parties (within time limit)

Answer 3

1) Resolve matters in dispute

2) Existing interest has passed

Question 4

Grounds for adding, removing or substituting parties (outside time limit)

Answer 4

1) Limitation period was current when proceedings started; AND

2) Necessity (named by mistake or died/bankrupt and liability has passed or claim cannot be carried on without the new party)

Question 5

Who pays the costs of application to set aside a default judgement?

Answer 5

Mandatory Ground: C

Discretionary: Real Prospect: D

Discretionary: Good Reason: Neither so costs in case

Fails: D

Question 6

Awarding Interest on sum outstanding

Answer 6

1) Contract itself specifies rate

2) Late Payment of Commercial Debt Act (must not be unspecified or owed to consumers): 8% per annum above Bank of England base rate from date became due for payment

3) Court Discretion:

s.35 Senior Courts Act 1981
S.69 County Courts Act 1984

If specified calculate lump sum plus daily rate
If unspecified just state entitlement

Question 7

Amendments to statement of case

Answer 7

Before expiry: written agreement of all parties or court permission

After expiry:
1) Add or substitute a new claim which arises out of same or substantially same facts as existing

2) Correct genuine mistake as to name of party

3) Alter capacity in which party claims

Question 8

How are the costs for a summary judgement application handled?

Answer 8

C succeeds: fixed costs can request higher

D succeeds: C pays all of D’s costs summarily assessed

Application dismissed: costs in case

Question 9

Failure to file the directions questionnaire

Answer 9

1) Remedy for Money County: will serve notice requiring compliance in 7 days, failure means automatic strike out

2) All other cases: court will make order they believe is appropriate

Question 10

If there is no costs management order what is the situation with amounts over the budget?

Answer 10

Where difference of 20% or more must give statement for reasons of difference and matter falls on court to decide if additional amount can be recovered

Question 11

When is hearsay notice necessary?

Answer 11

If do not intend to call witness for oral evidence but instead relies on statement itself. Serve notice at same time as witness statement

(Still admissible if do not follow but affects weight court gives it)

Question 12

Trial Order

Answer 12

1) Preliminary Issues

2) Claimant Opening Speech (if judge permits)

3) Examination in chief (Claimant first and witness statement serves this role so just take oath or affirm and confirm)

4) Cross-examination

5) Re-examination

6) Closing speeches (D then C)

7) Judgement (summarily but in multi-track detailed assessment)

Question 13

How to receive permission for first appeal (before even the grounds)

Answer 13

First appeals:
1) Appeal to have real prospect of success; or

2) Compelling reason as to why it should be heard

Second appeals same but needs to be from CA

Question 14

Appeal timings

Answer 14

County or High: 21 days

CA: 28 days

Question 15

Detailed Assessment Procedure

Answer 15

1) Within 3 months of judgment or order serve on paying party Notice of Commencement of Detailed Assessment Proceedings and bills/receipts

2) Paying party who wants to challenge has 21 days to serve points of dispute

3) Receiving party has 21 days to serve a reply and must file a request for assessment hearing within the 3 month expiry period

4) If less than 75,000 costs claimed judge will do a provisional assessment in absence of parties

5) If either unhappy can request oral hearing but if fails to get a 20% difference in favor then must pay costs of hearing

Question 16

Consequences Claimant Part 36 Offer: Wins

Answer 16

1) Additional amount of damages to be paid (up to 500,000 10%, 500,000-1,000,000, 10% of first 500,000 then 5% up to total 75,000)

2) Enhanced interest on damages (10% above base rate from day beyond relevant period)

3) Costs on indemnity basis (from day beyond relevant period)

4) Interest on indemnity costs (10% above base rate)

Question 17

Part 36. Consequences Defendants Offer: C Wins but fails to beat or Loses

Answer 17

Wins but fails to beat: C pays D’s costs on standard basis from end of expiry of relevant period PLUS INTEREST on these costs of 1% or 2% above base rate

Loses: C pays D’s costs but from day after relevant period added interest or 1% or 2% above base rate

Question 18

What the methods of enforcement for a money judgement?

Answer 18

1) Taking Control of Goods

2) Charging Order

3) Third Party Debt Order

4) Attachment of Earnings Order

Question 19

Who can take control of goods and which goods?

Answer 19

Less than 600: County
600 or more but less than 5,000: High or County
5,000 or more: High

Must be solely owned (can take sole interest in jointly owned house though)

Necessary items exemption (tools for work up to maximum aggregate of 1,350)

Question 20

What is needed to enforce in another jurisdiction?

Answer 20

1) Scotland/North Ireland: obtain certificate confirming date of judgement and apply within 6 months to court in Scotland or NI

2) Commonwealth: Only county court judgments either 12 months or 6 years to enforce

3) Other (including EU): Hague will apply or national law of that country