Dispute Resolution Flashcards
What is the deadline for service of the claim form upon the defendant?
Within four months of the date of ISSUE.
NOTE: This is not the two week deadline. That refers to the period that the claimant has available to serve Particulars of Claim following service of the claim form
What is a witnesses evidence-in-chief?
Generally, their signed written statements stands as their evidence-in-chief and there is no need for the witness to give their evidence orally, although they may be subject to cross-examination and re-examination.
When must Direction Questionnaires be filed?
Within 28 days of the date of service of the order.
The parties may not agree otherwise.
When and who must file a costs budget?
For cases in which less than £50,000 is sought, the requirement is for both parties to file their budget with the Directions Questionnaire.
Both parties must simultaneously file their budgets 21 days before the first case management conference when the case involves a claim of £50,000 or more
When must trial bundels be filed?
The claimant must prepare the trial bundles to be filed between three and seven days before the trial is to take place.
How should a solicitor respond to allegations in claims (i.e., admit, deny, or non-admission)
Truthfully.
When must a personal representative start proceedings on account of the decedent’s death?
Within three years from the date of death or three years from the date the personal representative obtained knowledge of the death
How long does a defendant have to respond to a letter of claim under the PI protocol?
Within 21 days, indicating whether they intend to admit or deny the claim.
What happens if a claimant rejects a defendant’s Part 36 offer and beats the offer?
The defendant will be required to pay the claimant’s costs of the entire proceeding on the standard basis
