Dispute Resolution Flashcards
Types of Dispute Resolution (3)
- Mediation
- Negotiation
- Arbitration
Arbitration Key Features (2)
- Parties choose a neutral third party to decide the matter
- Party can request the court to not progress the claim
Limitation period for breach of contract
6 years
Limitation period for tort claims
3 years
Limitation period for other tort claims
6 years
Limitation period for defamation claims
1 year
Limitation period for claims for unfair dismissal
3 months
When does the time start for tort claims
Date when tortious act occurs
When does the time start for contract claims
Date when breach occurs
Limitation and construction claims
- 3 years from the date the claimant knew or ought to have known
- No claim brought more than 15 years from the date
Special Cases for Limitation Period (4)
- Minor (Begins on the minor’s 18th birthday)
- Mental Capacity (Begins from certification of sound mind)
- Fraud or Concealment (When discovered or should have discovered)
- Mistake (When discovered or should have discovered)
Claim in High Court if (4)
- 100k or more / 50k or more in personal injury
- Value of claim/amount in dispute
- Complexity of facts, issues, remedies or procedures
- Importance of outcome
High Court Divisions (3)
- Family Division
- Queen’s Bench Division
- Chancery Division
Part 8 Claim
Reserved for situations where parties not dispute the facts but must bring it before the court
Time limits to serve claim form (2)
- England and Wales - 4 Months
- Outside of England and Wales - 6 Months
Time limits for service of Particulars (2)
- 14 days off the claim form
- Within 4 months
Time limits for filing a defence (3)
- Within 14 days
- File an acknowledgement instead extending to 28 days
- If complex, can ask for 28 more days
Claim for interest amounts (3)
- 8% per annum in non-commercial
- 1% above BoE base rate in commerical
- Court rate in Tort claims
Small Claims Track
Cases not exceeding £10000 or £1000 for personal injury
Fast Track
Claims exceeding £10000 but not exceeding £25000
Time limits for Fast Track
- Trial takes place within 30 weeks
- Disclosure of required info in 4 weeks
- Witness statements in 10 weeks
- Reports exchange in 14 weeks
- Pre-trial checklist in 20 weeks, submitted in 22 weeks
Multi-track Claims
Claims exceeding £25,000, County or High Court if more than £100,000
Time limit for Directions Questionnaire
28 days
Time limits for Small Claims Track
14 days before hearing for documents
Time limit for notice for interim application
As soon as practicable and 3 clear days before hearing at least
Time limits for written evidence in summary judgment (3)
- Served 14 days before limit
- Respondent at least 7 days before hearing
- Reply no later than 3 days before hearing
Time limits for application for interim payment (3)
- Submission not later than 14 days
- Response 7 days
- Reply 3 days
Injunction Procedure Time limits
48-72 hours before proceeding start
Permitting Inspection
Within 7 days of notice
Serving witness summons
7 days before trial
Amount of money for wtiness
£67 if period exceeds 4 hours
Number of bundles to prepare
6 bundles by the claimant
Appeal notice time
21 days after judgment is handed
If appeal not granted
- Request oral hearing within 7 days
- Party has 21 days to make a written application
Summary Assessment Hearing (2)
- 24-48 hours before the hearing
- Payable in 14 days + interest
Detailed Assessment Hearing (2)
- Detailed bill of costs - 3 months after the order
- Challenge the amount within 21 days
Part 36 offer acceptance period
At least 21 days
Additional damages for rejecting part 36 offer
- 10% on first 500k
- 5% on above 500k
