Dispute Resolution

Question 1

What are the key characteristics of mediation?

Answer 1

Mediation is voluntary (unless ordered by the court), confidential, and allows parties to reach a non-binding agreement facilitated by a neutral third party.

Question 2

What are the advantages of mediation?

Answer 2

Cost-effective, quicker than litigation, flexible, private, helps preserve business relationships, allows commercial realities to be considered, and parties can withdraw at any time.

Question 3

What are the disadvantages of mediation?

Answer 3

No automatic enforcement, lack of formal disclosure procedures, not suitable for cases requiring legal precedent or injunctions, and parties may withdraw at any stage.

Question 4

What are the key characteristics of arbitration?

Answer 4

Arbitration is a binding dispute resolution method where parties agree to be bound by the decision of an arbitrator. It is private and less formal than court proceedings.

Question 5

What are the advantages of arbitration?

Answer 5

Faster than litigation, binding decision, expert decision-maker, confidentiality, and flexible procedure.

Question 6

What are the disadvantages of arbitration?

Answer 6

Limited rights of appeal, costs can be high, some legal remedies (e.g., injunctions) are unavailable, and enforcement may require court action.

Question 7

What are the key characteristics of litigation?

Answer 7

Litigation is a formal court process governed by the Civil Procedure Rules, leading to a binding decision that is enforceable by law.

Question 8

What are the advantages of litigation?

Answer 8

Enforceable decisions, structured legal process, allows for legal precedents, and comprehensive disclosure rules.

Question 9

What are the disadvantages of litigation?

Answer 9

Expensive, time-consuming, public, adversarial, and risks of appeal or adverse costs orders.

Question 10

What are the preliminary considerations before commencing a civil claim?

Answer 10

Limitation periods, funding, merits of the case, defendant’s ability to pay, and compliance with pre-action protocols.

Question 11

What are the limitation periods for contract and tort claims?

Answer 11

Contract: 6 years from breach; Tort: 6 years from damage (3 years for personal injury claims, subject to a 15-year longstop period for latent damage).

Question 12

What is the purpose of the Practice Direction – Pre-Action Conduct and Protocols?

Answer 12

Encourages early settlement, exchange of information, and avoids unnecessary litigation.

Question 13

What are the consequences of failing to follow pre-action protocols?

Answer 13

Adverse cost orders, reduced interest on damages, or a requirement to pay increased interest.

Question 14

What determines whether a claim is heard in the High Court or County Court?

Answer 14

The value and complexity of the case. High Court hears cases over £100,000 (£50,000 for personal injury); lower value cases go to the County Court.

Question 15

What are the specialist courts within the High Court?

Answer 15

Commercial Court, Technology and Construction Court, and Chancery Division.

Question 16

What must a claim form include?

Answer 16

Claimant and defendant details, brief particulars of the claim, statement of truth, and court fee.

Question 17

What is the time limit for serving a claim form within jurisdiction?

Answer 17

4 months from the date of issue.

Question 18

What methods can be used to serve a claim form outside the jurisdiction?

Answer 18

With or without court permission, via personal service, post, or email (if agreed).

Question 19

What is deemed service?

Answer 19

A claim form is considered served based on specific rules (e.g., postal service deemed served two business days after posting).

Question 20

What are the defendant’s options when responding to a claim?

Answer 20

Admit, file a defence, file a counterclaim, dispute jurisdiction, or seek default judgment if the claimant fails to proceed.

Question 21

What are the time limits for responding to a claim?

Answer 21

Acknowledgment of service: 14 days; Defence: 28 days (or 14 days if no acknowledgment).

Question 22

What documents constitute the statements of case?

Answer 22

Claim form, particulars of claim, defence, counterclaim, reply to defence, and amendments to pleadings.

Question 23

What is the purpose of a Part 20 claim?

Answer 23

To bring additional claims against third parties or co-defendants.

Question 24

What are common interim applications?

Answer 24

Summary judgment, interim payments, and interim injunctions.

Question 25

What is required for a summary judgment application?

Answer 25

No real prospect of success and no compelling reason for a trial.

Question 26

What is the overriding objective in case management?

Answer 26

To deal with cases justly, efficiently, and at proportionate cost.

Question 27

What are the three case management tracks?

Answer 27

Small claims track (<£10,000), fast track (£10,000-£25,000), and multi-track (> £25,000).

Question 28

What are the types of admissible evidence?

Answer 28

Witness statements, expert reports, and documentary evidence.

Question 29

What is the burden of proof in civil claims?

Answer 29

Balance of probabilities.

Question 30

What is standard disclosure?

Answer 30

Releasing all relevant documents in a party’s control.

Question 31

What are privileged documents?

Answer 31

Legal advice privilege, litigation privilege, and without prejudice communications.

Question 32

What happens at trial?

Answer 32

Witnesses give evidence, cross-examinations occur, legal arguments are made, and the judge delivers a judgment.

Question 33

What are inter-partes cost orders?

Answer 33

Orders for one party to pay another’s legal costs.

Question 34

What is a Part 36 offer?

Answer 34

A settlement offer with cost consequences for rejection.

Question 35

What is required to appeal a decision?

Answer 35

Permission from the trial court or appellate court based on legal errors or procedural unfairness.

Question 36

What are common enforcement methods?

Answer 36

Charging orders, third-party debt orders, attachment of earnings, and taking control of goods.

Question 37

What are the consequences of failing to follow pre-action protocols?

Answer 37

Adverse cost orders, reduced interest on damages, or a requirement to pay increased interest.

Question 38

What must a claim form include?

Answer 38

Claimant and defendant details, brief particulars of the claim, statement of truth, and court fee.

Question 39

What are the time limits for responding to a claim?

Answer 39

Acknowledgment of service: 14 days; Defence: 28 days (or 14 days if no acknowledgment).

Question 40

What is the process for applying to set aside default judgment?

Answer 40

The defendant must show a reasonable prospect of success or a good reason for not responding in time.

Question 41

What documents constitute the statements of case?

Answer 41

Claim form, particulars of claim, defence, counterclaim, reply to defence, and amendments to pleadings.

Question 42

What is the purpose of a Part 20 claim?

Answer 42

To bring additional claims against third parties or co-defendants.

Question 43

When can a party amend their statement of case?

Answer 43

Before service without permission; after service with permission from the court.

Question 44

What is the purpose of interim payments?

Answer 44

To provide financial relief before the final judgment.

Question 45

What is the overriding objective in case management?

Answer 45

To deal with cases justly, efficiently, and at proportionate cost.

Question 46

What are the types of admissible evidence?

Answer 46

Witness statements, expert reports, and documentary evidence.

Question 47

What is the burden of proof in civil claims?

Answer 47

Balance of probabilities

Question 48

What are the types of disclosure under the Civil Procedure Rules (CPR)?

Answer 48

Standard Disclosure – Each party discloses documents on which they rely, those that adversely affect their case, and those that support the opposing party. Specific Disclosure – A party applies to the court for an order requiring another party to disclose particular documents. Pre-Action Disclosure – Before proceedings start, a court can order disclosure if it may assist in resolving the dispute. Non-Party Disclosure – The court can order a third party to disclose documents relevant to the case.

Question 49

What types of privilege can apply to documents in disclosure?

Answer 49

Legal Advice Privilege – Protects communications between a lawyer and their client for legal advice. Litigation Privilege – Protects communications made for litigation purposes. Without Prejudice Privilege – Protects settlement negotiations from being disclosed in court.

Question 50

How can privilege be waived?

Answer 50

Privilege can be waived by voluntary disclosure of a document or by referring to it in legal proceedings.

Question 51

What happens if a witness refuses to attend trial?

Answer 51

The court can issue a witness summons requiring their attendance.

Question 52

What are the general rules on costs in civil litigation?

Answer 52

The losing party usually pays the winning party’s costs, but the court has discretion based on conduct and case management.

Question 53

What are the different types of costs orders?

Answer 53

Interim Costs Orders – Costs awarded at various stages before trial. Final Costs Orders – Costs awarded after trial based on case outcome. Non-Party Costs Orders – Where a third party funds or controls litigation and may be liable for costs.

Question 54

What is security for costs?

Answer 54

A court order requiring a claimant to pay money into court to cover potential costs of the defendant if the claim fails.

Question 55

What are the differences between fixed costs and assessed costs?

Answer 55

Fixed Costs – Pre-determined costs applicable to certain types of cases (e.g., small claims). Assessed Costs – Determined by the court based on the work done and case complexity.

Question 56

What are the grounds for an appeal in civil litigation?

Answer 56

Error of law. Procedural irregularity. Serious error in fact-finding. A decision outside the judge’s discretion.

Question 57

What is required to appeal a decision?

Answer 57

The appellant must seek permission to appeal from the trial court or the appellate court.

Question 58

What are the time limits for filing an appeal?

Answer 58

Usually 21 days from the date of judgment, unless the court specifies otherwise.

Question 59

What is the effect of an appeal on the enforcement of judgment?

Answer 59

The appeal does not automatically stay enforcement unless the court orders a stay.

Question 60

What are the methods of enforcing a money judgment?

Answer 60

Taking control of goods (writ of control) – Bailiffs seize assets to sell. Third-party debt orders – Directs a third party (e.g., bank) to pay money owed to the judgment debtor. Charging orders – Secures the debt against the debtor’s property. Attachment of earnings orders – Deducts debt from the debtor’s wages. Order to obtain information – Requires the debtor to disclose their financial situation.

Question 61

What is a charging order?

Answer 61

A method of securing a judgment debt against a debtor’s property, allowing the creditor to be repaid if the property is sold.

Question 62

What are third-party debt orders?

Answer 62

Orders that freeze money held by third parties (e.g., banks) and direct payment to the judgment creditor.

Question 63

What happens if a debtor fails to comply with enforcement orders?

Answer 63

They may face further court action, including contempt of court proceedings.