Dispute Resolution Flashcards
What are the five stages of litigation?
Pre-commencement, issuing proceedings, interim matters, trial, appeal/enforcement.
What happens if a claim is statute barred as the limitation period has expired?
The claimant will not succeed in litigation.
What is the limitation period for contract?
6 years from breach of contract.
What is the limitation period for tort?
6 years from tort.
If there is latent damage, when does the limitation period expire?
The later of 6 years from the date of the cause of action or 3 years from the date of knowledge (no later than 15 years total).
Which elements are present in the PDPAC and protocls?
Litigation as a last resort, sufficient exchange of information, letter before claim, response, disclosure, reasonable & proportionate steps, before engaging in litigation both review position & see if issues can be agreed or at least narrowed.
What are the consequences of failure to engage with the PDPAC?
Costs; C does not receive some/all interest on damages; D pays interest of up to 10%pa.
When should a letter before claim be responded to?
Within 14 days or up to 3 months if complex.
When does the PPDC apply?
Debt claims where the creditor is a sole trader/public body and the debtor is an individual or sole trader.
When following the PPDC, what info does C have to provide?
Full info on debt owed, up-to-date statement of account with details of interest and charges, how debt can be paid, standard forms.
How long does an individual/sole trader have to reply under the PPDC?
30 days; proceedings cannot be issued before this; creditor should give debtor extra time if they go to seek legal/debt advice.
When does the pre-action protocol for professional negligence apply?
When a claimant wants to make a negligence claim against a professional.
How does the PPPN work?
Notify pro in writing of intended claim; pro writes to insurers immediately & acknowledges notice w/in 21 days, C writes letter of claim, pro acknowledges in writing w/in 21 days then has 3 months to investigate & respond. If claim accepted, pro writes letter of settlement.
Where would a claim with a value of £100k or less be issued?
The county court.
When would you issue a personal injury claim in the High Court?
When the value is over £50,000.
Where should money-only (debt) claims be sent to?
CCMCC in Salford.
Where are specified debt claims dealt with?
CCBC at Northampton via the Money Claim Online (MCOL) website.
For other county court claims, where are proceedings issued?
Any county court hearing centre (usually close to home/business).
Where would proceedings valued at over £100k be dealt with?
The High Court (KBD for contract/tort).
Which documents should be sent to the court to start proceedings?
Claim form (N1); partics of claim; documents that CPR requires to be annexed to claim form e.g., the contract.
What figure should be used as the value of the claim in specified claims?
The precise figure sought including accrued interest.
What figure should be used as the value of the claim in unspecified claims?
HC: ‘more than £100k/£50k (PI). CC: ‘not more than £10,000’, ‘more than £10,000 but not more than £25,000’, or ‘more than £25,000’.
Interest, costs, contributory negligence, and counterclaims should be disregarded.
In PI claims, what else should be included on the claim form?
Whether C expects to recover more than £5k in PSLA.
When are the legal representative’s costs fixed & what is the applicable part of the CPR?
Specified money claims; CPR Part 45.
What is the correct wording of the Statement of Truth?
[I believe] [The claimant or as may be believes] that the facts stated in this [name of the document] are true. [I understand] [The claimant or as may be understands] that proceedings for contempt of court may be brought against anyone who makes, or causes to be made, a false statement in a document verified by a statement of truth without an honest belief in its truth.
What part of the CPR is relevant for adding/removing/substituting?
19
Who can apply to be added/substituted/removed?
An existing party or someone who wants to become a party, but no one can be added/substituted as a claimant unless written consent filed.
When is permission required to add/substitute/remove?
After the claim form is served.
What are the grounds for adding/substituting/removing?
Within limitation period - desirable.
Outside limitation period - LP current when proceedings start and original party named by mistake, has died or made bankrupt and interest/liability passed to another, or claim cannot be property carried on without the new party.
What are the permitted methods of service under CPR r 6.3?
Personal service, first class post or DX, leaving at specified place, fax/electronic comms, any method authorised by court.
When does an issued claim form need to be served?
Within 4 months of issue.
When is the claim form deemed to have been served?
On the second business day after it was sent.
Other than the claim form, if a document is served by personal service, delivery to a permitted address, fax, or email, when is it deemed to have been served?
If served before 4.30pm on a business day, that day; otherwise, the next business day.
When should the particulars of claim be served?
With the claim form or within 14 days of service of the claim form (provided this is within the 4 months limit).
What is the time limit for service of the claim form out of the jurisdiction and what procedure needs to be followed?
6 months; must obtain permission of the court; must be served with notice setting out grounds on which C is entitled to serve outside of Eng & Wales.
When must a defendant respond to a claim?
Within 14 days of service of the particulars of claim, or if an acknowledgement is filed within that 14 days, within 28 days of the particulars.
What happens if D does not file an AoS/defence within the time limits?
C can enter judgement in default.
How can judgement in default be set aside?
Mandatory ground (judgement entered too early or claim already paid in full) or discretionary ground (D has real prospect of successfully defending or some other good reason why judgement should be set aside).
What happens if C wants to discontinue proceedings?
They can and usually don’t need permission, but will be responsible for costs.
What happens if jurisdiction is disputed?
The issue will be determined by the court.
What goes in the particulars of claim?
Legal & factual basis of the claim, details of alleged breach and remedies sought, interest claimed.
When allegations are denied/partially denied, who has the burden of proof?
The claimant.
How can statements of case be amended?
Agreement of the other party or permission from the court.
What Part of the CPR governs applications to the court?
Part 23.
What form is used to make an application?
N244.
When must applications be served on the opponent?
At least three clear days before the hearing (i.e., not the date of service, date of hearing, weekends, or bank hols).
When must without notice applications be served on the opponent and what are the respondent’s options?
As soon as practicable after issue; they can apply to set aside/vary within 7 days of it being granted.
How are interim costs dealt with?
Summary assessment after the interim application if there is a clear winner; costs in the case (e.g. if there is a conditional order); no order as to costs (if neither party at fault).
When is summary judgement granted?
C/D has no real prospect of success and no other compelling reason. (can be set aside if the other party can prove one of these grounds).
