Dispute Resolution

Question 1

Limitation period - breach of contract

Answer 1

6 years from date of breach (deed is 12)

Question 2

Limitation period - Tort

Answer 2

6 years from date damage is suffered

Question 3

Limitation period - personal injury

Answer 3

3 years from later of (1) date damage is suffered, or (2) date of knowledge

Question 4

When does time stop running?

Answer 4

When the court receive the claim form

Question 5

Limitation periods: latent damage

Answer 5

6 years from date of damage, 3 years from date of knowledge of damage, in either case not longer than 15 years from date of damage.

Question 6

Concept of clear days

Answer 6

Do not count the day of the trigger action, and do not count last day if that day is a hearing etc. Count weekends and bank holidays (except for serving a claim form (4 months from the day)

Question 7

Question to be asked when dealing with application to add or remove parties

Answer 7

Are we within the limitation period? If so, you can do so with leave of the court and party needs to resolve dispute / remove party / substitute party.

Outside of limitation period, proceedings must have been started within and named by mistake / dead and bankrupt / can’t continue without

Question 8

Difference between claim form inside v outside jurisdiction

Answer 8

Inside: served (ie step completed) within 4 months of the calendar day on which claim is issued by court, or within 6 months if outside.

Question 9

Rule on service of claim form

Answer 9

Second business day after relevant step (personal service, posting, or emailing) excluding weekends and bank holidays.

Question 10

Rule on service of particulars of claim

Answer 10

14 clear days after date of service of the claim form if not served with claim form. However watch for the 4 month ticker.

Question 11

Deemed date of service of particulars of claim - email / personal service

Answer 11

Before 4:30, same day. After, next business day

Question 12

Deemed date of service of particulars of claim - post

Answer 12

Second day after posting if business day, if not - next business day.

Question 13

Deemed date of service of particulars of claim - leave at known address

Answer 13

If before 4:30, same day. If not, next business day.

Question 14

How to respond to a request for more information

Answer 14

In writing, signed with the a statement of truth and then submitted to court

Question 15

How do you make amendments once limitation period has expired

Answer 15

With leave of court but only granted to add or substitute new claim on same facts, correct a mistake, or alter capacity in which part claims

Question 16

Why is the overriding objective and the implications?

Answer 16

Dealing with cases justly and at proportionate cost, meaning active management:

1) encouraging cooperation
2) promoting ADR
3) deciding issues early and which need investigating
4) deciding order of issues

Question 17

What are the thresholds for track allocation (£)

Answer 17

Small claims track - equal to10k or less
Fast track - between 10,001k and 25,000k
Intermediate track - 25,001k and 100,000k
Multi track - excess of 100k

Question 18

Tracks allocation thresholds (days)

Answer 18

Fast track. - no more than 1 day
Intermediate track - no more than 3 days
Multi track - more than 3 days

Question 19

Track allocation thresholds (experts)

Answer 19

Fast track - 1 per party, 2 fields of expertise
Intermediate track - 2 experts, 3 party limit
Multi track - more than 3 experts and parties

Question 20

Rule on completing directions questionnaire: small claims v other track

Answer 20

Small track - 14 days of notice
Other track - 28 days of notice

Helps to allocate track

Question 21

Fast / intermediate track directions

Answer 21

Disclosure - 4 weeks
Witness statements - 10 weeks
Expert reports - 14 weeks
Sending pre trial checklists - 20 weeks
Filing pre trial checklists - 22 weeks
Hearing - 30 weeks