Dispute Resolution Flashcards
Can a claim against an individual survive the individual’s death?
Most causes of action subsisting against or vested in an individual survive his or her death.
If a party to a claim dies (or is adjusted bankrupt), the court has the power to add / substitute as a party the person to whom the interest or liability of the deceased/ bankrupt party has passed.
When may documents be served on a party’s legal representative?
General rule = any document may be served personally, when a solicitor has been properly authorised to accept service this overrides the general rule and service must be made on the firm of solicitors.
What are the three main claim tracks?
- Small claims
- Fast track
- Multi track
When must documents be disclosed and when must the obligation of disclosure end?
If it hasn’t already happened in pre-action protocol stage, then court will direct parties to disclose.
In fast track and multi track cases, disclosure will generally be given following the costs and case management conference (ccmc) and prior to the exchange of expert evidence or witness statements.
It’s also possible for disclosure to take place in stages.
the obligation to disclose is ONGOING.
Is a criminal conviction admissible evidence in civil litigation?
Yes IF:
- for the purpose of proving an offence was committed by a party to the proceedings; and
- ONLY if the offence is relevant to the determination of the issues.
What is a Tomlin order?
A type of consent order. They are used to settle disputes before the parties go to court. It is a contractual agreement with a schedule.
The Tomlin order permits either party to apply to court to enforce the terms of the order, which avoids the need to start fresh proceedings.
The terms of the schedule do not form part of the court order and so may remain confidential, and they may include matters outside the jurisdiction of the court or the scope of the case in hand.
What is the overriding objective (CPR 1.1)?
To deal with cases justly and at proportionate cost. The courts will bear in mind the overriding objective at all stages of the claim. You must:
- Not waste the court’s time
- Only put forward case that is properly arguable
- Draw the court’s attention to relevant cases and statutory provisions which are likely to have a material effect on the outcome of proceedings.
Letter Before Claim (Definition)
A letter in a format set out by ODPAC which is sent by the aggrieved party to the other party as part of an attempt to settle without going to court. It must be sent before the claim form. It will set out the alleged grievances.
What are the particulars of claim?
Another statement of case, which provides further detail of a claim. It sets out the claim in greater detail.
What are pilot schemes?
These seek to further the overriding objective. Includes:
- PD51O - Electronic working
- PD51P - Insolvency Express Trials
- PD51V - Video Hearings
- PD51W - Capped Costs
