Dispute Resolution

Question 1

What are the grounds for an interim payment?

Answer 1

• D has admitted liability
• C has obtained judgment but sum not assessed
• Court satisfied that if proceeded, C would obtain judgment for substantial sum

Question 2

What should C do before making application for interim payment

Answer 2

Invite other side to make an interim payment

Question 3

When can application for interim payment be made?

Answer 3

After time for D filing acknowledgment of service passed

Question 4

When should application for interim payment be served?

Answer 4

Application and evidence must be served at least 14 days before the hearing

Question 5

What should application for interim payment include?

Answer 5

• Sum sought
• Matters for which sought
• Estimate of expected judgment
• In PI claim, schedule of losses dealing with past and future losses

No need to show financial need

Question 6

What will court award in interim payment application?

Answer 6

Reasonable proportion of likely amount of judgement. Must take into account contributory negligence.

Question 7

What does the directions questionnaire cover?

Answer 7

Issues that help court manage case
- whether experts required
- compliance with pre action protocols
- track allocations
- details of applications and directions already made re disclosure and inspection
- witness names and issues
- estimated length of trial
- anticipated costs

Question 8

When must directions questionnaire be returned?

Answer 8

28 days - cannot extend

Question 9

What does the applicant need to show to obtain summary judgment?

Answer 9

• that the other party has no real prospect of success and
• there is no other compelling reason why the case should be disposed of at trial

Question 10

When should the defendants evidence be served following receipt of C’s application for interim payment?

Answer 10

7 days before the hearing

Question 11

How long does a defendant have to acknowledge service?

Answer 11

14 days from deemed date of service of Particulars of Claim

Question 12

What does defendant need to show to have default judgment set aside?

Answer 12

That they:
- have a real prospect of success and
- there is good reason why the judgment should be set aside

Question 13

What should particulars of claim include?

Answer 13

Enough information to identify issues.

Contract claims - parties to agreement, nature of agreement, terms breached, facts showing breach and loss, prayer for relief and statement of truth

RTA Claims & PI Claims - description of incident, date, time, allegations of negligence, details of relevent convictions, details of injuries, loss suffered, schedule of past and future losses, prayer for relief and statement of truth

Employer Liability Tort Claims - facts establishing relationship, circumstances of injury, allegations of breach, details of injury and losses, schedule of past and future losses, prayer for relief and statement of truth

Question 14

If C is claiming interest, what must POC contain?

Answer 14

• basis of claim
• %
• date claim for interest ends
• total amount claimed

Question 15

What should defence include?

Answer 15

Response to each allegation either:

• admitting (C doesn’t have to prove)
• denying, reasons why and alternative version of events (C must prove)
• non admission, neither admit or deny as outside knowledge (C must prove)

Question 16

How should a partnership be described in a claim form?

Answer 16

Full name of partnership and then (a firm) after it to show partnership.

Question 17

If D nominates solicitors for service, who may C serve?

Answer 17

• on solicitors
• unless D is a company, if a company can post or delivery to registered address or agent

Question 18

Can you serve proceedings via email?

Answer 18

Yes if express consent given.

Question 19

How long does D have to respond to a letter of claim in a PI case?

Answer 19

• must respond within 21 days indicating whether liability is admitted
• formal response without admission then gives D 3 months to investigate

Question 20

Where will claims be heard? (Location)

Answer 20

If D is individual or sole trader - hearing centre local to D’s home address

If D company - C’s preferred centre

Question 21

When is a case transferred to hearing centre?

Answer 21

After receipt of defence or admission from D

Question 22

How long does an executor have to bring proceedings in a fatal accident claim?

Answer 22

3 years from date of death or 3 years from date of executors knowledge of tort

Question 23

How long does C have to serve claim form?

Answer 23

• 4 months if within jurisdiction
• 6 months if outside

Question 24

Following service of claim form how long does C have to file POC if not included?

Answer 24

14 days from service of claim form

Question 25

If claim issued and limitation period expired, can C amend the name of D if misspelled/contains an error?

Answer 25

Yes but will have to make an application to court to disapply the limitation period. Within courts discretion but likely to allow it.

Can amend name before expiry of limitation period without permission if correctly identified but mistakenly named.

Question 26

Who signs the statement of truth on the claim form?

Answer 26

Client

Question 27

What happens if a party ignores a request for ADR?

Answer 27

Court likely to penalise in respect of legal costs.