Dispute Resolution Flashcards
where there is no contractual limitation clause, what is the longest someone can wait to bring a claim for:
1- Breach of contract?
2- Tort?
1- 6 years from when breach occurs
2- 6 years from when tort is committed
What is the relevent date by which the court will assess whether the limitation period has passed?
the date the court receives the claim form
What is a CFA?
An agreement with the lawyer for their fees and expenses to only be payable in certain circumstances. Does not cover disbursements/ costs incurred by the other side (these are still payable if the client loses)
What are the formalities required for a CFA to be enforceable?
1- In writing
2- states % by which base amount will increase on success
3- not family proceedings
What is a DBA?
Damages Based Agreement: fee linked to amount obtained in damages
capped at 50% of damages awarded
What are the formalities for a DBA?
1- In writing
2- does not provide for a payment above prescribed amount
How long does a defendant have to send a full response to a letter before claim in a simple breach of contract case?
14 days
How long does a defendant have to send a full respond to a letter before claim in a complex breach of contract case?
3 months
how long does a defendant usually have to acknowledge a letter before claim in a negligence case?
21 days (PN-PAP 7.1)
What is the deemed service for a claim form?
on the second business day, regardless of how served
How soon after the claim form must particulars of claim follow if issued separately?
14 days after deemed service (e.g. sent on 4th, deemed served on 6th, PoC must follow by 20th)
What is the deemed service for a doc sent by 1st class post or DX?
Second day after posting, provided that day is a business day. If not, the following day
What is the deemed service for a doc delivered to a permitted address?
that day if before 4:30. Next business day if not
What is the deemed service for a doc sent by fax/ email/ personal service?
that day if before 4:30. Next business day if not
When can default judgement be entered if claim form served with PoC?
15th day after deemed service of claim form
When can default judgement be entered if claim form served after PoC?
15th day after deemed service of PoC
When can the defence be filed if acknowledgement of service of particulars sent to C?
28 days after deemed service of PoC
Can the court strike out a statement of case if it does not have a statement of truth?
Yes
If a solicitor signs a statement of truth on behalf of a client, who could be held in contempt if there is not an honest belief in the truth of the statement? Client or Solicitor?
The client unless the solicitor knows it to be false
From what point are proceedings commenced?
When court issues them by sealing the claim form with the court seal
What is the deadline for serving proceedings?
Four months after claim form issued by the court
When must PoC be filed with the court following service of the claim form on D?
7 days
What is the deadline for filing the defence if no acknowledgement of service is sent to the claimant if:
1- PoC filed with claim form?
2- PoC filed after claim form?
1- 14 days beginning day after claim form deemed served
2- 14 days beginning with day after deemed service of PoC
What is the deadline for filing the defence if acknowledgement of service is sent to the claimant
28 days beginning day after PoC served
What is the maximum extension parties can agree for defence to be filed?
Additional 28 days (requires proof of agreement to be sent to court
Can a defendant extend the deadline for filing the defence beyond an agreed extension made with the claimant?
Yes, but only by making an interim application to the court (form N244)
When will a claim be allocated to the small claims track?
up to £10,000
When will a claim be allocated to the fast track?
£10,000-£25,000
When will a claim be allocated to the multi-track?
£25,000+
What is Denton v White used in reference to?
To balance efficiency and proportionality of sanctions with the need to enforce compliancy with rules when deciding whether to grant relief from sanctions
What is the three-stage test set out in Denton v White?
1- How significant/ serious was the failing?
2- Was there a good reason why the failure/ fault occurred?
3- What were the circumstances of the case?
What docs are disclosable under CPR 31.6?
1- Docs on which they rely
2- Docs that adversely affect their case
3- Docs that adversely affect their opponent’s case
4- Does that support their opponents case
