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[CS] SQE1 > Dispute Resolution > Flashcards

Dispute Resolution Flashcards

1
Q

What is the monetary threshold for commencing claims in the High Court?

A

Claims must exceed £100,000, or £50,000 for personal injury claims, to be commenced in the High Court.

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2
Q

How are proceedings commenced in civil cases?

A

Proceedings are commenced by a claim form, which provides a concise statement of the claim’s nature and the remedy sought.

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3
Q

What document supports the claim form, and what does it include?

A

The particulars of claim, which include:

Details of the cause of action.
Relevant facts in support.

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4
Q

What is the default court for the majority of cases under £100,000?

A

The County Court.

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5
Q

Who serves the claim form?

A

The court serves the claim form unless the claimant opts to arrange service.

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6
Q

What are the methods of service under CPR, r 6.3?

A

Personal service, first-class post, document exchange (DX), fax, email, or any method authorised by the court.

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7
Q

What is the definition of a business day?

A

Any day except Saturday, Sunday, bank holidays, Good Friday, and Christmas Day.

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8
Q

When is a claim form deemed served under CPR 6.14?

A

On the second business day after the required step (e.g., posting).

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9
Q

Place of service if it is an individual

A

Usual or last known residence

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10
Q

Place of service if it is an Individual being sued in the name of a business (sole trader)

A

Usual or last known residence of the individual; or principal or last known place of business.

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11
Q

Place of service if Individual being sued in the name of a partnership

A

Usual or last known residence of the individual; or principal or last known place of business of the partnership.

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12
Q

Place of service if it is a limited liability partnership

A

Principal office of the partnership; or any place of business of the partnership within the jurisdiction that has a real connection with the claim.

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13
Q

Place of service if Company registered in England and Wales

A

Principal office of the company; or any place of business of the company within the jurisdiction that has a real connection with the claim.

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14
Q

Deemed service of documents other than the claim form if served by way of the following methods:
- Personal service
- Delivering the document to a permitted address
- Fax
- Email

A
  • If served before 4.30pm on a business day, on that day.
  • If not, on the next business day.
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15
Q

Deemed service of documents other than the claim form if served by way of First class post or DX

A
  • The second day after it was posted provided that day is a business day.
  • If not, on the next business day.
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16
Q

A document is personally served at 3.30pm on a Monday. when does deemed service occur?

A

Provided this is a business day, service is deemed to occur that day as it has taken place before 4.30pm.

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17
Q

A document is sent by fax on a Saturday and the transmission of that fax is completed by 11.25am. When does deemed service occur?

A

lthough this occurs before 4.30pm, Saturday is not a business day and so does not count as the day of deemed service. The next business day will be Monday and this is the date of deemed service.

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18
Q

A defence is posted first class on a Tuesday. When does deemed service occur?

A

The day of deemed service is Thursday, the second day after it was posted as it is a business day.

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19
Q

The particulars of claim is served after the claim form. It is left in a numbered box at the Document Exchange (DX) on Friday. When does deemed service occur?

A

The day of deemed service is the second day after it is left, provided this is a business day. The second day will be Sunday but, as this is not a business day, the day of deemed service is the next day, Monday.

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20
Q

If a claim form is to be served outside the jurisdiction of England and Wales, when must the document be served on the other party?

A

within 6 months of being issued, instead of the usual 4 months

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21
Q

Is permission required to serve proceedings in Scotland and Northern Ireland?

A

No, permission is not required, but there are special provisions for acceptable methods of service under CPR Part 6.

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22
Q

When is permission required to serve proceedings out of the jurisdiction?

A

Permission is required in all cases, except where a contract contains an English jurisdiction clause.

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23
Q

What must accompany the claim form when served outside the jurisdiction?

A

A notice setting out the grounds for serving outside the jurisdiction and evidence that England and Wales is the proper forum.

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24
Q

What are examples of grounds for serving a claim outside the jurisdiction?

A

The breach of contract occurred in England and Wales.

The cost or delay of a foreign court hearing would be excessive.

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25
Q

Who can make an application to add, substitute, or remove a party?

A

An existing party or A person who wants to become a party.

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26
Q

Can someone be added or substituted as a claimant without consent?

A

No, consent in writing must be filed at court unless the claim form has not been served.

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27
Q

Is permission required to add, substitute, or remove a party?

A

Yes, unless the claim form has not been served.

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28
Q

What are the grounds for adding or substituting a party within the limitation period?

A

It is desirable:
to add a new party to resolve
matters in dispute; or
to remove a party; or
to substitute a party where the
existing party’s interest or
liability has passed to them.

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29
Q

Can a party be added or substituted outside the limitation period?

A

Yes, A party may only be added or
substituted if the limitation
period was current when
proceedings were started and:
The original party was named by mistake.
The original party has died or is subject to a bankruptcy order, and their interest/liability has passed to the new party.
The claim cannot properly be carried out without the new party.

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30
Q

How should individuals be described in legal proceedings?

A

Individuals must be described using their full unabbreviated names and title (e.g., Mrs Rehana Waheed).

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31
Q

How should sole traders be described in legal proceedings?

A

Sole traders should include their name and, if applicable, their business name (e.g., Antony Tucker T/A Marble Designs).
Note: “T/A” is an acceptable abbreviation for “trading as.”

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32
Q

What is the proper way to name partnerships in legal proceedings?

A

Partnerships should sue or be sued in the name of the firm rather than naming individual partners (e.g., Justice & Co).

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33
Q

How should companies be described in legal proceedings?

A

Use the correct registered name and address as listed in a company search (e.g., Arrow Engineering Ltd).
Note: Verify details such as whether “Ltd” or “Limited” is used.

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34
Q

What is a sole trader?

A

An individual who engages in business alone, sometimes using a business name

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35
Q

What is a partnership?

A

A formal arrangement where two or more parties manage a business together and share its profits.

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36
Q

What should a defendant do if only the claim form is served and it is marked “Particulars of Claim to follow”?

A

No action is required by the defendant at this stage.

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37
Q

What must a defendant do within 14 days of receiving the particulars of claim?

A

File an admission, an acknowledgment of service, or a defence (and possibly a counterclaim).

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38
Q

What happens if a defendant files an acknowledgment of service?

A

The defendant gets an additional 14 days to file their defence, giving a total of 28 days from the date of service.

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39
Q

What happens if a defendant admits part of a claim but the claimant does not accept it as full settlement?

A

The case continues as a defended claim.

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40
Q

What is required if a defendant admits an unspecified claim?

A

The amount of damages must be determined at a court hearing before the matter can conclude.

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41
Q

What happens if a defendant fails to file an acknowledgment of service or a defence within the time limits?

A

The claimant may enter judgment in default.

42
Q

What is the process for default judgment in a claim for a specified amount?

A

The judgment will be for a final sum, and the matter proceeds to enforcement.

43
Q

How can a default judgment be set aside on mandatory grounds?

A

The court must set it aside if judgment was entered too early or the claim has already been paid in full.

44
Q

When can a default judgment be set aside on discretionary grounds?

A

If the defendant has a real prospect of successfully defending the claim or if there is another good reason for setting it aside.

45
Q

What are examples of “good reasons” for setting aside a default judgment?

A

Illness or being away on holiday. Pressure of work or misplaced documents are not sufficient.

46
Q

What is the cost consequence if a mandatory ground for setting aside is proven?

A

The claimant must pay the defendant’s costs.

47
Q

What happens to costs if a discretionary ground for a good reason is established?

A

Costs are usually “in the case” (awarded to the party who wins at the end of the case).

48
Q

Who pays costs if a defendant establishes a discretionary ground of having a real prospect of success?

A

The defendant normally pays the claimant’s costs for failing to respond initially.

49
Q

Who pays costs if an application to set aside fails?

A

The defendant must pay the claimant’s costs.

50
Q

Can a claimant discontinue proceedings without permission?

A

Yes, but they will be responsible for the costs incurred.

51
Q

What is required if there is more than one claimant?

A

Consent from all claimants or court permission is needed to discontinue.

52
Q

Can a claim be discontinued against only some defendants?

A

Yes, a claimant may discontinue the claim against one or more defendants.

53
Q

How are settlements recorded before proceedings begin?

A

Either by letter or in a formal agreement.

54
Q

How must settlements be recorded after proceedings commence?

A

In a formal court order or, for confidentiality, in a Tomlin order.

55
Q

What is a Tomlin order?

A

A consent order that stays the claim on agreed terms, with confidential terms recorded in a schedule or separate document.

56
Q

What must a consent order include to be sealed by a court officer?

A

Terms agreed by the parties, expressed as “By Consent,” and signed by their legal representatives.

57
Q

How does a defendant dispute the court’s jurisdiction?

A

State it on the acknowledgment of service and make an application within 14 days.

58
Q

What happens if a defence is filed before disputing jurisdiction?

A

Filing a defence is treated as accepting the court’s jurisdiction.

59
Q

What must support an application to dispute jurisdiction?

A

Evidence showing why England and Wales is not the proper forum.

60
Q

When must a defendant file an acknowledgment of service or a full defence after receiving particulars of claim?

A

Within 14 days.

61
Q

If a defendant files an acknowledgment of service, how much time do they have to file a defence?

A

28 days from the date of service of the particulars of claim.

62
Q

What is the purpose of statements of case?

A

To define the issues in dispute for the court, limiting the matters to be proved by the respective parties.

63
Q

What documents are included in “statements of case”?

A

Claim forms, particulars of claim, defences, counterclaims, replies, and responses to requests for further information.

64
Q

Does “statements of case” include evidential documents like witness statements or expert reports?

A

No, evidential documents are not included.

65
Q

What document begins legal proceedings?

A

The claim form.

66
Q

What must particulars of claim contain?

A

A concise statement of the legal and factual basis of the claim, details of the breach, remedies sought, and interest claimed.

67
Q

How must a defendant respond to allegations in a defence?

A

By stating whether each allegation is: (a) denied, (b) not admitted, or (c) admitted.

68
Q

What must a defendant do when denying an allegation?

A

Provide reasons for the denial and their version of events if different from the claimant’s.

69
Q

What must the claimant do if the defendant raises a counterclaim?

A

File a defence to the counterclaim within 14 days (or up to 28 days with agreement).

69
Q

What happens if a defendant neither denies nor admits an allegation?

A

It is treated as a non-admission, and the defendant must prove any matter not admitted or denied.

70
Q

What is a counterclaim, and how is it treated?

A

A counterclaim is the defendant’s claim against the claimant. It is treated as a separate claim and filed with the defence.

71
Q

When can a counterclaim be made without court permission?

A

If it is filed with or before the defence.

71
Q

What are additional claims under Part 20?

A

Claims made by the defendant against a third party, such as claims for contribution, indemnity, or other remedies.

72
Q

Who can sign a statement of truth?

A

The party or their legal representative, or specific authorized persons (e.g., directors for companies).

73
Q

What are the conditions for amending statements of case after the limitation period has expired?

A

Amendments are allowed to:
Add or substitute a new claim based on the same facts.
Correct a genuine mistake in the party’s name.
Change the capacity in which a party claims.

73
Q

What must accompany a response to a Part 18 request?

A

The response must be served on all parties, filed with the court, and verified by a statement of truth.

73
Q

What is required to amend statements of case after filing but before service?

A

Amendments may be made at any time without restrictions.

74
Q

What is a Part 18 request for further information?

A

A request to clarify or obtain additional information on any matter in dispute in the statements of case.

75
Q

What happens if a statement of truth is omitted?

A

The court may strike out the document, and the claimant cannot rely on its contents.

76
Q

What are the three ways to claim interest in breach of contract cases?

A

Contractual interest (if specified in the contract).
Statutory interest under the Late Payment of Commercial Debts Act 1998.
Discretionary interest awarded by the court.

77
Q

When is interest calculation mandatory for specified claims?

A

The interest must be precisely calculated as a lump sum up to the issue date, with a daily rate for ongoing claims.

78
Q

Does the court have discretion to award interest on damages in negligence claims?

A

Yes, the court has a general discretion (which is usually exercised) to award interest on damages in any negligence claim in accordance with s 35A SCA 1981 in respect of High Court claims, and s 69 CCA 1984 for County Court matters.

78
Q

Does a solicitor need to include the daily rate of interest payable and the total amount of interest due up to the date the claim form was issued for unspecified claims?

A

No, the solicitor does not need to include the daily rate of interest payable or the total amount of interest due for unspecified claims.

79
Q

What form is used to make an interim application?

A

Form N244 – Notice of Application.

79
Q

What are interim applications?

A

Applications made between the issue of proceedings and trial to push the matter forward, clarify issues, or seek a remedy.

79
Q

When can interim applications be made without notice?

A

When there is exceptional urgency or when the overriding objective of the CPR is best achieved without notice.

80
Q

How many clear days’ notice must an interim application give?

A

At least three clear days before the hearing.

81
Q

What are the two grounds for granting summary judgment?

A

No real prospect of success for the claim or defence.
No other compelling reason for the case to go to trial.

82
Q

Name examples of “compelling reasons” to avoid summary judgment.

A

The need to investigate facts or contact witnesses.
The case involves highly technical or complex issues.
Disputed oral evidence on central issues.

83
Q

What is the notice period for a summary judgment hearing?

A

At least 14 days’ notice to the respondent.

84
Q

By when must the respondent file and serve written evidence for a summary judgment application?

A

At least seven days before the hearing.

85
Q

When can interim injunctions be granted?

A

At any time up to trial, for urgent matters or in the interest of justice.

86
Q

Why are freezing injunctions or search orders often made without notice?

A

To prevent the defendant from disposing of evidence or transferring financial assets.

87
Q

What are interim payments?

A

Advance payments of damages, debt, or other sums (excluding costs) likely to be awarded at trial.

88
Q

When can a claimant seek an interim payment?

A

After the time for acknowledging service has expired.

89
Q

What does an order for “[Named party’s] costs” mean?

A

The named party is entitled to costs of the interim application, normally payable within 14 days.

90
Q

What does “costs in the case” mean?

A

Costs are deferred to the conclusion of the proceedings, where the losing party bears them.

91
Q

What does “no order as to costs” mean?

A

Each party bears their own costs for the interim application.

92
Q

Why might a summary judgment application fail when oral evidence is needed?

A

Because disputed oral evidence (e.g., whether “time was of the essence”) is a compelling reason for the matter to go to trial.

93
Q

What interim measure might a company take against a departing employee who threatens to misuse confidential information?

A

Apply for an interim injunction to restrain the employee from using or disclosing confidential information.

94
Q
A

[CS] SQE1 (3 decks)

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