Dispute Resolution Flashcards

1
Q

Breach of Contract Limitation Period

A

6 Years

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2
Q

Tort Claims Limitation Period

A

6 Years

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3
Q

Defamation Claim Limitation Period

A

1 Year

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4
Q

Claims for Unfair Dismissal Limitation Period

A

3 Months

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5
Q

Tort (Personal Injury Claims) Limitation Period

A

3 Years

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6
Q

Construction Claims Limitation Period (2)

A
  1. 3 Years From Date
  2. No more than 15 years
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7
Q

Specified and Unspecified Claims Heard in

A

Manchester Money Claim Centre

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8
Q

High Court Family Division

A

Divorce

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9
Q

High Court Queen’s Bench Division (6)

A
  1. Defamation
  2. Breach of Contract
  3. Negligence
  4. Personal Injury
  5. Land Possession
  6. Non-Payment of Debts
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10
Q

High Court Technology and Construction Court (2)

A
  1. Technology and Construction
  2. Claims must exceed 250k in value
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11
Q

Commercial Court (2)

A
  1. Business Disputes
  2. Insurance/Reinsurance
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12
Q

High Court Chancery Division (10)

A
  1. Equity and Trusts
  2. Commercial Fraud
  3. Tax
  4. Intellectual Property
  5. Land
  6. Business Disputes
  7. Contentious Probate
  8. Regulatory Work
  9. Bankruptcy
  10. Professional Negligence
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13
Q

Court Fees (2)

A
  1. 5% of Value for 10-200k
  2. 10k for Claims over 200K
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14
Q

Most Common Claim

A

Part 7

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15
Q

Part 8 Claim (3)

A
  1. Facts not disputed
  2. But must bring to court
  3. Claimant solicitor must complete
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16
Q

Service Deemed Complete

A

2nd Business Day after the relevant step required for service has occurred

17
Q

Admitting Specified Claim (2)

A
  1. Court Issues Judgment Order
  2. Paid with 14 days, court will not record order
17
Q

Admitting Unspecified Claim (2)

A
  1. Court will stay the case
  2. Give Directions
18
Q

Admitting Partial Claim

A

File a Defence

19
Q

Part 20 Claim (3)

A
  1. Defendant Brings Claim Against Other Parties
  2. Makes Claim Against Claimant
  3. Can Seek Contribution or Indemnity
20
Q

Case Management Directions: Small Claims Track

A
  1. Documents Exchanged 14 Days before Hearing
21
Q

Case Management Directions: Fast Track (6)

A
  1. Trial in 30 Weeks
  2. Disclosures: 4 Weeks
  3. Witness Statements: 10 Weeks
  4. Exchanges: 14 Weeks
  5. Compliance Checklist: 20 Weeks
  6. Compliance Submitted: 22 Weeks
22
Q

Tomlin Order (2)

A
  1. Confirms Settlement Agreed
  2. Case is Stayed
23
Q

Summary Assessment Hearing (3)

A
  1. 24 - 48 Hours Before Hearing
  2. Payable in 14 days
  3. Receiving party entitled to interest from hearing until paid
24
Q

Detailed Assessment Hearings (2)

A
  1. Receiving party files detailed bill of costs 3 months after order
  2. Opponent files disputes within 21 days of service
25
Q

Defendant makes Part 36 offer, Claimant Rejects and Obtains More Favourable Result (2)

A
  1. No Sanctions
  2. Defendant Order to Pay Damages and Costs
26
Q

Claimant Rejects Offer and Fails to Obtain More Favourable Result (2)

A
  1. Pays Defendant’s Cost After Expiration on Standard Basis
  2. Pays Own Costs After Relevant Period
27
Q

Defendant Rejects Offer, Claimant Obtains More Favourable Result (4)

A
  1. Interest on Damages at Enhanced Rate After Acceptance Expired
  2. Claimant’s costs after relevant period paid on indemnity basis at enhance rate
  3. Claimant’s costs paid on a standard basis up until the relevant period
  4. 10% on first 500k and 5% on 500k+
28
Q
A