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SQE 1 > Dispute Resolution > Flashcards

Dispute Resolution Flashcards

1
Q

Types of Dispute Resolution (3)

A
  1. Mediation
  2. Negotiation
  3. Arbitration
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2
Q

Arbitration Key Features (2)

A
  1. Parties choose a neutral third party to decide the matter
  2. Party can request the court to not progress the claim
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3
Q

Limitation period for breach of contract

A

6 years

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4
Q

Limitation period for tort claims

A

3 years

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5
Q

Limitation period for other tort claims

A

6 years

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6
Q

Limitation period for defamation claims

A

1 year

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7
Q

Limitation period for claims for unfair dismissal

A

3 months

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8
Q

When does the time start for tort claims

A

Date when tortious act occurs

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9
Q

When does the time start for contract claims

A

Date when breach occurs

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10
Q

Limitation and construction claims

A
  1. 3 years from the date the claimant knew or ought to have known
  2. No claim brought more than 15 years from the date
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11
Q

Special Cases for Limitation Period (4)

A
  1. Minor (Begins on the minor’s 18th birthday)
  2. Mental Capacity (Begins from certification of sound mind)
  3. Fraud or Concealment (When discovered or should have discovered)
  4. Mistake (When discovered or should have discovered)
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12
Q

Claim in High Court if (4)

A
  1. 100k or more / 50k or more in personal injury
  2. Value of claim/amount in dispute
  3. Complexity of facts, issues, remedies or procedures
  4. Importance of outcome
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13
Q

High Court Divisions (3)

A
  1. Family Division
  2. Queen’s Bench Division
  3. Chancery Division
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14
Q

Part 8 Claim

A

Reserved for situations where parties not dispute the facts but must bring it before the court

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15
Q

Time limits to serve claim form (2)

A
  1. England and Wales - 4 Months
  2. Outside of England and Wales - 6 Months
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16
Q

Time limits for service of Particulars (2)

A
  1. 14 days off the claim form
  2. Within 4 months
17
Q

Time limits for filing a defence (3)

A
  1. Within 14 days
  2. File an acknowledgement instead extending to 28 days
  3. If complex, can ask for 28 more days
18
Q

Claim for interest amounts (3)

A
  1. 8% per annum in non-commercial
  2. 1% above BoE base rate in commerical
  3. Court rate in Tort claims
19
Q

Small Claims Track

A

Cases not exceeding £10000 or £1000 for personal injury

20
Q

Fast Track

A

Claims exceeding £10000 but not exceeding £25000

21
Q

Time limits for Fast Track

A
  1. Trial takes place within 30 weeks
  2. Disclosure of required info in 4 weeks
  3. Witness statements in 10 weeks
  4. Reports exchange in 14 weeks
  5. Pre-trial checklist in 20 weeks, submitted in 22 weeks
22
Q

Multi-track Claims

A

Claims exceeding £25,000, County or High Court if more than £100,000

23
Q

Time limit for Directions Questionnaire

A

28 days

24
Q

Time limits for Small Claims Track

A

14 days before hearing for documents

25
Q

Time limit for notice for interim application

A

As soon as practicable and 3 clear days before hearing at least

26
Q

Time limits for written evidence in summary judgment (3)

A
  1. Served 14 days before limit
  2. Respondent at least 7 days before hearing
  3. Reply no later than 3 days before hearing
27
Q

Time limits for application for interim payment (3)

A
  1. Submission not later than 14 days
  2. Response 7 days
  3. Reply 3 days
28
Q

Injunction Procedure Time limits

A

48-72 hours before proceeding start

29
Q

Permitting Inspection

A

Within 7 days of notice

30
Q

Serving witness summons

A

7 days before trial

31
Q

Amount of money for wtiness

A

£67 if period exceeds 4 hours

32
Q

Number of bundles to prepare

A

6 bundles by the claimant

33
Q

Appeal notice time

A

21 days after judgment is handed

34
Q

If appeal not granted

A
  1. Request oral hearing within 7 days
  2. Party has 21 days to make a written application
35
Q

Summary Assessment Hearing (2)

A
  1. 24-48 hours before the hearing
  2. Payable in 14 days + interest
36
Q

Detailed Assessment Hearing (2)

A
  1. Detailed bill of costs - 3 months after the order
  2. Challenge the amount within 21 days
37
Q

Part 36 offer acceptance period

A

At least 21 days

38
Q

Additional damages for rejecting part 36 offer

A
  1. 10% on first 500k
  2. 5% on above 500k

SQE 1 (15 decks)

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