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.
What must a solicitor do if a disclosed document has been destroyed?
Inform the court and the other party and provide reasons for the destruction.
When must a defence be filed?
Within 14 days unless an application for summary judgment or strikeout is made.
Can a party be added after the limitation period expires?
No, but the court may order a party removed if not desirable.
How does the Court of Appeal treat retrospective applications?
As applications for relief from sanctions, considering seriousness, reasons for default, and circumstances.
When must a claimant apply for leave to appeal a judgment?
Within 21 days of the judgment being handed down.
Who hears appeals from a Master in the High Court?
A High Court Judge.
What can a judgment creditor do if the debtor does not pay?
Apply for an order requiring the debtor to attend court for oral examination.
When is a witness summary used?
If a signed witness statement cannot be served, but the party knows what the witness will say.
Can a Part 36 offer be accepted after the relevant period?
Yes, if it has not been withdrawn.
What does a Tomlin order do?
Stays the case and confirms settlement terms.
What are the bases for costs assessment?
Standard basis: Proportionate to matters in issue.
Indemnity basis: Must be reasonable in amount and incurred reasonably.
Which claims are mainly heard in King’s Bench division?
Contract, Tort, Land, non-payment of debt
Which claims are mainly heard in Chancery division?
Equity, trusts, business disputes
What claims are dealt with at the Technology and Counstruction Court?
Claims agains professionals suchas engineers and architects
What claims are dealt with at the Commercial Court?
Complex Business Disputes and international trade claims
