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SQE Flashcards (Jonathan) > Disputes (Pre-Action) > Flashcards

Disputes (Pre-Action) Flashcards

1
Q

What are the aims of Pre-Action Conduct?

A

The ‘Cards on the Table’ approach encourages parties to resolve disputes without going to court.

It promotes ADR and assessing positions before proceedings.

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2
Q

What are the consequences of non-compliance with Pre-Action Conduct?

A

Non-compliance may impact costs and interest —costs may increase or awarded amounts may decrease.

The court may also stay proceedings until compliance steps are taken.

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3
Q

When does the Pre-Action Protocol for Personal Injury Claims apply?

A

It applies to…
* Personal injury claims
* Not covered by other protocols
* That are likely to be allocated to the fast-track (value of up to £25,000).

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4
Q

What is the initial step for the claimant in the Personal Injury Claims Protocol?

A

C sends a letter of notification to D with brief details of the claim.

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5
Q

What steps follow the Letter of Notification in the Personal Injury Claims Protocol?

A
  • C sends a fuller Letter of Claim
  • D acknowledges Letter of Claim within 21 days
  • Following investigations, D sends a Letter of Response within 3 months of the Letter of Claim
  • Proceed to negotiation/settlement/quantum
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6
Q

How long does D have under the Personal Injury Protocol to acknowledge the letter of claim?

A

Within **21 Days **of Letter of Claim

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7
Q

How long does D have under the Personal Injury Protocol to serve a Letter of Response?

A

Within 3 Months

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8
Q

What is the Practice Direction’s scope?

A

The Practice Direction applies to all cases unless a specific protocol applies, in which case the protocol’s provisions override conflicting directions.

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9
Q

When must D respond to Cs Letter of Claim under the Practice Direction?

A

Within a reasonable period depending on the complexity.

Varies between 14 days in simple cases, to 3 months in complex cases.

D should respond by either accepting or rejecting the claim with reasons.

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10
Q

Where should a non-personal injury claim up to £100,000 be issued?

A

It must be issued in the County Court.

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11
Q

Where should a personal injury claim of less than £50,000 be issued?

A

It must be issued in the County Court.

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12
Q

In which court can non-personal injury claims over £100,000 be issued?

A

They can be issued in either the County Court or the High Court.

To issue in High Court, the case requires passing a three-stage justification test.

  • The financial value of the claim and amount in dispute; and/or
  • The complexity of the facts, legal issues, remedies or procedures involved; and/or
  • The importance of the outcome of the claim to the public in general
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13
Q

In which court should personal injury claims of £50,000 or more be issued?

A

They can be issued in either the County Court or the High Court.

To issue in High Court, the case requires passing a three-stage justification test.

  • The financial value of the claim and amount in dispute; and/or
  • The complexity of the facts, legal issues, remedies or procedures involved; and/or
  • The importance of the outcome of the claim to the public in general
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14
Q

What does the value of a claim exclude according to CPR 16.3(6)?

A

It excludes…
* Interest
* Costs
* Counterclaims
* Contributory negligence
* Social security benefits

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15
Q

When is a claim appropriate for the High Court (7A PD)?

A

When the financial value, complexity, or public importance suggests it should be heard by a High Court judge.

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16
Q

What can happen if a claim is issued in the wrong court?

A

The court may transfer the case between the HC and CC

Consequences…

  • Order C to pay costs of transfer; or
  • If the matter continues in HC, there is a sanction for wrongly beginning a matter in the HC > any costs awarded can be deducted 25%
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17
Q

What documents are required to issue a claim?

A

Claimant’s solicitor must send the following to the court:

  • Copies of Claim Form (Form N1) - 1 for court file, 1 for each D, 1 for C file.
  • Court Issue Fee
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18
Q

Where are County Court money claims issued?

A

Send to the Civil National Business Centre (CNBC) which manages claims until hearings are transferred to local County Courts.

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19
Q

Where should non-money count court claims be issued

A

Any County Court Hearing Centres by sending in/attending with the claim form and fee.

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20
Q

What option is available for issuing a County Court money claim online?

A

Money Claim Online by HMCTS allows claims…
* Up to £100,000
* No more than two defendants.

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21
Q

If issuing the the High Court, what can you esxpect?

A

The court will stamp the covering letter with the date of receipt to stop time running for limitation purposes.

The documents can also be taken in person and issued the same day.

22
Q

What is service?

A

Service is the process of giving a document to another party.

23
Q

Who can serve the claim form?

A
  • The court (usually by first-class post) - Once effected , it will send C a notice of issue stating the deemed date
  • The claimant, who must file a certificate of service with the court within 21 days if they serve unless all Ds have filed an acknowledgment of service within that time.
24
Q

What are permitted methods of service under CPR 6.3?

A
  • Personal delivery,
  • Leaving at a permitted address
  • First-class post
  • Document Exchange
  • Fax (if accepted)
  • Email (if accepted)
  • Court-authorized methods.

Note, second class post is not acceptable!

25
Q

When C serves a claim form on D, what must C do?

A

File a certificate of service at court within 21 days of service

it should include the date on which the claim was posted/delivered/transmitted + method/address used

No need for a certificate if all the defendants have filed an acknowledgment of service within that time.

26
Q

What is the time limit for serving a claim form?

A

The method of service (e.g. positng) must be completed before midnight (12:00) on the calendar day four months after the date of issue of the claim form.

27
Q

What happens if a claim form is not served within the time limit?

A

The claim will fail, and the claimant must file a new claim and pay court fees again.

28
Q

When can time for serving a claim form be extended?

A

Extensions are possible if applied within the four months, with good reason.

If outside the deadline, the court will only grant an extension if
* it is the court that failed to serve the claim form; or
* C has taken all reasonable steps to comply; and
* the application has been made promptly

29
Q

What are the particulars of a claim?

A

They detail the claim’s detail

It can be included in or served with the claim form or separately within 14 days.

30
Q

When should particulars not contained in/with the claim form be served?

A

They must be served within 14 days of serving the claim form and within the claim form’s four-month validity period.

31
Q

When should particulars contained in/with the claim form be served?

A

Serve the response pack along with the claim form and particulars (Form N9).

This form contains form for admission, defending and acknowledging service.

32
Q

Once Particulars are served, when must C file a copy at the court?

A

Within 7 days of service unless they have already been filed

33
Q

What are deemed dates of service for claim forms?

A

Service is deemed to be the second business day after completing the relevant step (e.g., posting or email).

This excludes Saturday, Sunday, bank holidays, good friday and Christmas Day

For example, claim form served by email on Wednesday 5th. The second business day is Friday 7th (deemed to be served on the 7th - irrelevant if it can be shown D saw it immediately on the 5th).

34
Q

When are Particulars deemed to be served if contained in the claim form?

A

Second business day after completion of the relevant step

The same rule as deemed service for claim forms

35
Q

When are Particulars deemed to be served if served separately from claim form using an Instant Method?

For example, personal service, fax, email, leaving at address

A
  • If served before 4:30pm on a business day, deemed served the same day

…

  • If after 4:30pm, or not a business day: deemed served next business day.
36
Q

When are Particulars deemed to be served if served separately from claim form using a non-instant method?

For example, first class post or DX

A

Deemed served second day after posting/giving to DX provider, if a business day.

37
Q

What if the particulars are attached or servced with the claim form (not in) - when is the deemed date of service?

A

Unclear - best to choose the earliest date

However, it makes sense that it would also be the second business day after completion of the relevant step

38
Q

What is the purpose of the statement of case?

A

The statement of case stage of commencing a claim contains two elements…

  1. Claim form and particulars of claim
  2. Acknowledgement of service and/or
  3. Admission/defence/defence and counterclaim
39
Q

What is the statement of truth within the Statement of Case?

A

It affirms the document’s truthfulness, and signing a false statement can lead to contempt of court.

40
Q

What details must Form N1 include about parties?

A
  • Names and service addresses
  • Business names for sole traders and LLPs (e.g. sole trader: X trading as ….)
  • Indicate an address where it resides or caries on business if different
41
Q

What information about the amount claimed should be in Form N1?

A
  • Concise statement of the nature of the claim, and the remedy sought.
  • Where a claim for money, the form must include a statement of the amount claimed which can be set out in one of three ways:
    …
    1. Where specified, the value can simply state the amount
  1. Where the claim is for an unspecified amount, use a statement saying something like ‘The claimant expects to recover less than £10,000’ ‘between £10,000 - £25,000’ or ‘more than £25,000’
  2. A statement saying ‘O cannot say how much I expect to recover’
    …
    * Court is not limited by C’s statement of value.
    * In a PI claim, the claimant must state whether the amount to recover for pain, suffering, loss of amenity is or is not more than £1,500
42
Q

When is a jurisdictional endorsement required on a claim form?

A

When the High Court is chosen explaining why the High Court has been chosen as the place of issue

43
Q

What is required in the statement of fact in particulars of a claim?

A

A concise statement of facts, covering essential elements, and outlining duty, breach, causation, and loss.

44
Q

What types of damages should be stated in the particulars of a claim?

A
  • Aggravated
  • Exemplary
  • Provisional damages
  • PI cases > details on injury, expenses, and expert reports.

Note, land claims must identify land and whether it includes residential premises (16 PD 7.1)

Any human rights arguments relied upon/relief sought must be included too (16 PD 14)

45
Q

When must interest details be included in particulars?

A
  1. If interest is claimed on the principal amount a statement must set out the amount using either an exact calculation if the claim is a specified claim (e.g. liquidated damages claim), or pleading interest generally (e.g. at such a rate and for such a period as the court sees fit’)
  2. Where C relies on s.35 (HC) or s.69 (CC) interest is at the court discretion.

Specified Claims are usually at a rate of 8%

46
Q

There is a £100,000 debt outstanding for 32 days at a rate of 8%

What is the daily interest rate?
How much interest is payable total?

A

For 8% = 8 x 100,000 = 8000

8000 divided by 365 (because it’s annual
interest) = Daily Rate of £21.928%

£21.92 x 32 Days = £701.37

47
Q

What is the importance of limitation periods?

A

If a claim is not filed within the period, the defendant can use it as a defense, though extensions apply in certain cases.

48
Q

What is the contractual limitation period?

A

Six years from the cause of action accrual date.

Same as Tort

49
Q

What is the tortious limitation period?

A

Six years from the cause of action accrual date.

Same as contracrt

50
Q

What is the limitation for personal injury claims?

A

Three years from the latest of:

  • the date when the cause of action accrued (date of injury); or
  • the date of knowledge of the person injured.

SQE Flashcards (Jonathan) (30 decks)

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