Dispute Resolution Flashcards
What is required for service by fax or email?
Express consent of the party being served.
How long does the proposed defendant have to respond to a letter of claim?
21 days to respond, indicating whether liability is admitted.
What happens if the defendant does not respond to a letter of claim within 21 days?
The claimant may start proceedings.
How long does the defendant have to acknowledge service and file a defence after the claim form is served?
14 days to acknowledge service, and a further 14 days to file a defence.
What is the timeline for serving Particulars of Claim after the claim form is served?
14 days, but service must occur within four months of issuing proceedings.
When must a personal representative start proceedings for a deceased’s death?
Within three years from the date of death or the date they obtained knowledge of the death, whichever is later.
Where are non-specified claims for damages issued?
County Court Money Claims Centre (CCMCC).
When may a claimant apply for summary judgment?
As soon as the defendant acknowledges the claim; no need to wait for a defence.
How long does a defendant have to respond to the Particulars of Claim?
14 days from the deemed date of service.
What must a defendant show to set aside a default judgment?
A real prospect of success and a good reason for setting aside the judgment.
Where can a claim worth over £100,000 be commenced?
In the County Court, unless it involves complex issues.
Which division of the High Court handles equity and trusts?
The Chancery Division.
When should court bundles be filed?
Between three and seven days before trial.
By when must a claimant serve a notice to admit facts?
No later than 21 days before trial.
What does litigation privilege protect?
Communications between a solicitor and a third party sent for trial preparation, provided litigation is likely.
