dispute resolution

Question 1

Referring to: Deputy district judges and District Judges

Answer 1

Judge

Question 2

referring to Recorders

Answer 2

Your honour

Question 3

Circuit judge

Answer 3

Your honour

Question 4

High court masters

Answer 4

Judge

Question 5

High court judges

Answer 5

My Lord/ My Lady

Question 6

High court judges

Answer 6

My Lord/ My Lady

Question 7

Court of Appeal judges
or
master of the rolls
or
Chancellor of the Court of Appeal

Answer 7

My Lord/ My Lady

Question 8

Supreme Court judges or President of SC

Answer 8

My Lord/ My Lady

Question 9

Lord Chief Justice

Answer 9

My Lord/ My Lady

Question 10

The value of a claim is its financial worth (CPR 16.3(6)). When evaluating the value of the claim:

You should disregard:

Answer 10

1. interest;
2. costs;
3. any counterclaim;
4. any contributory negligence; and
5. any deduction of social security benefits.

Although VAT is included when considering the value of the claim.

Question 11

If the claim form is to be issued in the High Court it must state that the claimant expects to recover more than

Answer 11

£100,000 (CPR 16.3(5)).

Question 12

A claim should be started in the High Court if by reason of:

Answer 12

(1) the financial value of the claim and the amount in dispute, and/or

(2) the complexity of the facts, legal issues, remedies or procedures involved, and/or

(3) the importance of the outcome of the claim to the public in general,
the claimant believes that the claim ought to be dealt with by a High Court judge (7A PD 2.4).

Despite the financial value, if the case is too simple and not complex, the claim can be issued in the County court.

Question 13

all multi track cases must be commenced in

Answer 13

High Court

multi-track: £100k

Question 14

Intermediate track
(non-PI claim)

Answer 14

£25k - £100k

Question 15

Fast track
(non-PI claim)

Answer 15

£10k - £25k

Question 16

PI claim’s worth to commence in High Court

Answer 16

£50k or more

Question 17

when can an interim application be made?

Answer 17

at any stage of the litigation

Question 18

County court circuit judge’s decision will be appealed to

Answer 18

HC judge

Question 19

High Court Mater/ district judge in high court ‘s decision will be appealed to

Answer 19

HC judge

Question 20

Is privy council’s decision binding?

Answer 20

Privy Council doesn’t bind any English or Welsh court. But it has quite persuasive judgments due to the seniority of judges.
Privy council is only a last resort, it doesn’t go to the SC after.

Question 21

are HC decisions binding itself?

Answer 21

YES if sitting as an appeal court
HC bind itself when sitting as Divisional Court (hearing appeals from county court)
BUT Doesn’t bind itself when hearing claims at first instance.

Question 22

Is value alone enough to justify issuing in the HC?

Answer 22

NO if the case is too straightforward, can go to to CC albeit the value is above £100k

Question 23

GR as to costs

Answer 23

Costs can be recovered from the losing party by the successful party.

Court has a broad discretion on costs orders. Judge decides if the party must pay other’s costs and how much should be paid and when it should be paid.

Question 24

Limit to the GR as to costs

Answer 24

GR = only reasonable and proportionate sum to be recovered. (reasonable and proportionate as to the sum and the way/reason of incurrence)

Question 25

in fast track cases when do parties must file statement of costs

Answer 25

parties must file statement of costs at least 24h of the hearing

Question 26

unless the court orders otherwise, the costs order should be complied with within

Answer 26

within 14 days of the day of the judgment or order or date of certification for order of costs.