Dispute Resolution - Advocacy

Question 1

1.1 - METHODS OF DISPUTE RESOLUTION
What are the 4 primary processes for resolving disputes in the UK?

Answer 1

1. Litigation
2. Negotiation (ADR)
3. Arbitration (ADR)
   o Arbitrator resolves the dispute
4. Mediation (ADR)
   o Mediator does not resolve the dispute
   o Mediator helps the parties to resolve.

Question 2

1.3 - METHODS OF DISPUTE RESOLUTION
CPR Part 1
Overriding Objective of the Court

Answer 2

o enabling the court to deal with cases justly and at proportionate cost.
o ADR may aid in achieving this goal.

Question 3

1.4 - METHODS OF DISPUTE RESOLUTION
Pre-action protocols requires the parties to consider ADR

Answer 3

o PAP para 8. Litigation should be a last resort
o PAP para 11. parties may be required to provide evidence that ADR has been considered.
* 1.5 A party’s silence or a refusal to participate in ADR:
o might be considered unreasonable by the court and
o They may, even if successful in the claim, be ordered to pay some or all of their opponent’s costs

Question 4

2.3-2.4 - LIMITATION PERIODS
4 Principles of Limitation Periods

Answer 4

1. PRIMARY LIMITATION
o Contract = 6 years from the date of breach.
o Tort = 6 years from the date of accrual / date of knowledge.

2. SECONDARY LIMITATION
Negligence for Latent Defects in Property
o 6 years from accrual
o 3 years from knowledge
o 15 years Longstop

3. PERSONAL INJURY
o 3 years from accrual or knowledge.

4. FRAUD OR CONCEALEMENT
o Limitation periods for fraud or
concealment do not commence until date of knowledge.

Question 5

2.5 - LIMITATION PERIODS
Time stops running for limitation period purposes when…

Answer 5

claimant delivers to the court:
1. properly completed claim form
2. + correct fee

Question 6

• 2.6 - LIMITATION PERIODS
  If a claim is issued before expiry of the limitation period…

Answer 6

o it may be possible to alter the name of the defendant if the defendant has been correctly identified but mistakenly named.

Question 7

2.7 - LIMITATION PERIODS
If the claimant is a minor when does the limitation period commence?

Answer 7

o generally, the limitation begins to run on the claimant’s 18th birthday.

Question 8

3.1. - PRE-ACTION PROTOCOLS
What are the pre-action protocols?

Answer 8

Steps that each party should take before commencing a legal action.

Question 9

3.2/3.3 - PRE-ACTION PROTOCOLS
If no specific protocol applies, litigants should follow the Practice Direction on Pre-Action Conduct and Protocols (the ‘Practice Direction’).

Answer 9

1. Claimant Letter of Claim.
2. Defendant Response:
   o within 14 days for a straightforward claim;
   o up to 3-months for a complex claim.
3. Disclose key documents, consider using a single, joint expert, and consider ADR.

Question 10

3.4 - PRE-ACTION PROTOCOLS
PAP under the Personal Injury Protocol:

Answer 10

1. Letter of Claim to include:
   o Summary of the facts
   o Details on impact of claimant’s injuries on daily life
   o Hospital attended
   o Indication of financial losses
2. Defendant Response
   o within 21 days otherwise claimant can issue proceedings
   o Response may state defendant wants to investigate, in which case they have 3-months to admit or deny the claim.

Question 11

3.5 - PRE-ACTION PROTOCOLS
Consequence of not following the relevant protocol or the Practice Direction?

Answer 11

1. Stay of proceedings to allow the Practice Direction or relevant protocol to be complied with.
2. Ordering non-compliant party to pay all/part of costs of the other party
3. If claimant is non-compliant party = restricting interest on the claim.
4. Penalty in costs the non-compliant party are ordered to pay / can recover
5. Possible interest on damages awarded

Question 12

3.7 / 3.8 - PRE-ACTION PROTOCOLS
What pre-action applications for disclosure can you make?

Answer 12

You can make a pre-action application for:
o disclosure of documents if they would be included in standard disclosure + would help in disposing of the claim without needing to issue proceedings.
o disclosure may be sought from a non-party if it will help dispose of the matter fairly / save costs.
o inspect property if property is, or may become, the subject matter of the proceedings / relevant to the issues.

Question 13

3.6. - PRE-ACTION PROTOCOLS
When might it be justifiable to issue proceedings without following the relevant protocols?

Answer 13

1. When the limitation period is almost over
2. When a court order is required to preserve evidence or assets, or
3. When there is concern that defendant may seek to issue proceedings in another country to avoid UK courts.

Question 14

4. CHOICE OF COURT
   4.1 - How to commence proceedings?

Answer 14

A proceeding is commenced by issuing a claim form setting out brief details of the claim

Question 15

4. CHOICE OF COURT
   4.2-4.4 - Claims must be started in the County Court unless:

Answer 15

o High Court = over £100k / £50k for PI
even if the value is more than £100,000, it may still be appropriate to issue in County Court
o County Court = up to £100k / £50k for PI
o Specified Debts / Unspecified Claim for Damages = CCMCC
County Court Money Claims Centre, Salford, MCR

Question 16

4. CHOICE OF COURT
   4.5 - When can a claim be commenced in the High Court?

Answer 16

1. The financial value is high;
2. The issues are complex
3. The outcome of the claim would be important to the public in general

Question 17

5. ISSUING PROCEEDINGS
   * 5.1-3 - Claims must include:

Answer 17

1. Claimant’s and defendant’s full names and addresses
2. Brief details of the claim
   3.1 If specified sum = state amount
   3.2 If damages to be assessed = state bands:
   o More than £100k / £50k PI
   o More than £25k
   o More than £10k / £1k PI
   o Not more than £10k
3. In estimating value, the claimant should disregard interest, costs, contributory negligence, and any counterclaim.
4. the court that the claimant would prefer to hear the clai