Dispute resolution Flashcards

1
Q

Statement of case

A

Include court heading, description of statement of case (of a POC or defence)
Third perso;

Expressly confirm position of liability, causation and quantum

Factual background
Nature of allegations
Case of action
Applicable case law or legislation
Relief sought

Statement of truth

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2
Q

Statement of truth

A

I believe that the facts stated in this are true, I understand that proceeds for contempt of court may be brought against anyone who makes a false statement in a document verified by a statement of truth shoutout an honest belief in its truth

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3
Q

POC

A

Concise statement of facts
Grounds for the claim ( breach of intractable)
Interest
Aggravated or exemplary damages
Provisional damages ?
Any other matters

Statement of truth
Date

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4
Q

Defence

A

N9B

Admit the claim or deny
Put claimant a to proof of allegation
Blame another party?

Request further information? Apply to strike out the POC?

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5
Q

Additional claims

A

Summarise original statement of case

Explain which allegations are denied, providing reasons

Set out allegations against party who is subject to additional claim

State the relief the defendant is seeking, by way of indemnity or contribution

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6
Q

The reply

A

May be filed and served by the claimant in response to the defence.

Explain and clarify issued in dispute, by responding the DEFENCE

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7
Q

Witness statements

A

Witnesses own words
Statement of truth

Only refer to facts relevant
Set out witness evidence chronologically.

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8
Q

Part 36 offer

A

Pursuant to part 36
State period not less than we days
State if for whole claim or party
State if it takes into account any counterclaim

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9
Q

case summary

A

brief chronology of the claim
factual issues agreed
factual issues not agreed
evidence needed
signed and dated

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10
Q

N180 directions questionnaire for small claim

A

simple form

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11
Q

letter before claim

A

the facts
legal basis of claim
factual basis of claim
liability/responsibility
damages/compensation
documents enclosed
your documents
ADR
expert?
practice directions
acknowledgment and response deadline
court proceedings
copy of this letter

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12
Q

N161 appeal

A

section 5 : other information required for the appeal

state reasons for appeal and the order you wish to appeal against.

separate sheet: grounds of appeal. why you are saying that the judge who made the order you are appealing was wrong

section 9 - what you are asking the court to do. set aside? vary? order new trial?

section 11: evidence in support, related to s 10 being other applications.

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13
Q

strike out statement of case

A

courts power to strike out, CPR 3.4

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14
Q

N265 disclosure

A

i have control of the documents numbered and listed here. I do not object to you inspecting them

i have control of the documents numbered and listed here, but i object to you inspecting them

I object to you inspecting these documents because:

i have had the documents numbered and listed below, but they are no longer in my control.

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15
Q

Part 18 request

A

further information

in relation to para 1 of the particualrs of claim… please state:

  1. specific information wanted

[date]

law firm

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16
Q

part 20 claim

A

set out form

details of claim
value of claim
POC

17
Q

tomlin order

A

upon the application of the parties

and upon the parties having agreed to the terms set forth in the annexed schedule,

BY CONSENT IT IS ORDERED THAT:

all further proceedings in this act be stayed upon the terms set out in the schedule.

each party shall have permission to apply to the court as to carrying such terms into effect

dated

signed

schedule: agreed to the settlement terms : the payment, when it is going to be paid, any interest, etc.