DR 1 Flashcards

Question

Breach of contract claim - order of progression

Answer 1

1. Existence of contract 2. Terms (implied or express) relied on 3. Breach of those terms 4. Consequences (e.g. factory had to close) 5. Damages (e.g. did they mitigate?)

Answer 2

Pre-Action Protocols (annexed to CPR) Practical Direction on Pre-Action Conduct and Protocols

Answer 3

1. consider ADR 2. disclose enough evi to make decisions - inc to settle/form of ADR 3. Steps usually: a) Cl write concise details of claim to D b) D respond reas time c) Disclose key docs 4. Only **reas and proportionate** steps to identify/narrow/resolve legal/factual/expert issues 5. Still no resolution, review positions and **narrow issues** before proceedings 6. If litigate and not complied - potential sanctions

Answer 4

Reasonable and proportionate steps Write concise details of claim Includes - summary facts - sum due - how calculated - key docs disclosed 14 days to respond (3 months if complex) - say if accept and reasons / any counterclaim

Answer 5

Penalties, can include order: 1. Party pays some or all o/s costs - maybe indemnity basis 2. Deprive claimant of some or all interest would have got 3. Requiring D to pay interest at up to 10% above base rate Knowing false statement in docs before proceedings - potential contempt

Answer 6

1. Debt - PPDC (pre act prot for debt claims) ^ doesn't apply B2B debts 2. Professional negligence - Pre-Action Protocol for Professional Negligence

Answer 7

let 1: Preliminary Notice - who cl is - concise details claim - general indication value - 21 days - contact insurers Letter 2: b4 claim - full details - key docs - 21 days ackn - 3 months respond Letter 3: let resp and/or let ackn - admit or deny - if deny, reasons - accompanying docs - may accompany letter settlement (could just do letter ack and let set) Then: - denied + no settlement: can commence proceedings - admit and/or settlement: ADR or negotiation

Answer 8

not B2B debts - 30 instead of 14 days to respond ^ can't issue before then ^ give longer if needed to get advice full info amount owed inc: amount owed - interest - any charges - how debt can be repaid Enclose - standard Reply Form - Information Sheet - Financial Statement forms

Answer 9

Issue proceedings and ask D to agree to apply to court to stay proceedings

Answer 10

4 months Before twelve midnight. e.g. 16 January - will be 16 May.

Answer 11

Whatever is earliest: - 14 days after service of claim form; or - Latest time for serving claim form

Answer 12

Filing acknowledgement: 14 days after service of claim form If acknowledged within 14 days, can serve defence within 28 days of servie claim form so double it bbz

Answer 13

TWO **business** days (same for all methods of service) (e.g. Friday - would be the Tuesday)

Answer 14

Personal service, fax, email and leaving at specified place. **(all except DX and FC)** Before 4.30pm on business day - that day. Otherwise next business day

Answer 15

First class post or document exchange (DX) Second business day after posting (e.g. Monday - then it's Wednesday) Or if the next 2 business days are not a business day, then next business day (e.g. send Fri, served Mon)

Answer 16

If exclusive jurisdiction agreement, must hear there. If doesn't apply: 1. D is outside UK - require permission considers where committed/breached 2. D within UK when served? - permission not required. Can object by saying not convenient.

Answer 17

OVER (!!) 100k or over (!) 50k Personal Injury PI (not impacted by changes)

Answer 18

Complexity Valuation Public importance

Answer 19

Specified claims (specific sum - debt) Unspecified (for damages - need to quantity) usually money-only straightforward claims

Answer 20

1. Civil National Business Centre (CNBC) at Northampton = all CC money only claims *(used to be Salford and Northampton)* *be civil Lyd, will go national, business!!!, Northampton - money only anyway!* 3. All others (inc injunctions!) - any CC

Answer 21

1. King's Bench Division (contract and tort) 2. Chancery Division (land, trust, contentious inheritance, partnership claims, company law) 3. Family Division

Answer 22

(I think) LDN - RCJ Outside London - district registry

Answer 23

within high ct For more niche disputes (so we don't consider the PROCEDURE) Business and Property Courts umberlla term for diff courts, which inc: 1. Commercial Court (complex comm disputes) 2. Technology and Construction Court (buildings, engineering and surveying)

Answer 24

- Claim form - Particulars; and - Any docs required by CPR (e.g. copy of contract) If not dealing with claim online: - sufficient copies - court fee - covering letter re whether Cl or court will serve

Answer 25

When RECEIVED in court office

Answer 26

County Court: money only: Civil National Business Centre unspecified: local county court High Court: (all below for one claim) The High Court of Justice [Kings Bench Division] [Chancery Division] [Fam] [Birmingham District Registry]

Answer 27

CONCISE: - nature - remedy debt: "The claim is for UNPAID DEBT of £[XX] in respect of [2 o'neills shorts] supplied by C to D." prof neg: "By written contract dated [], D agreed to [manage investments]. D in breach of obs and negligent in management by [], causing C damage and loss. Cl seeks damages set at £[] and interest at rate of []" ^ briefly saying contract existed, breached, caused loss, damages and interest ^

Answer 28

debt: - amount due - interest separate - any compensation "Claim is for specified sum of £___ plus accrued interest of £___ and compensation of £___" unspecified: - High Court "The Cl expects to recover more than £100,000" - CC say "The Claimant expects to recover..." a) not more than 10k b) more 10k but not more c) more than 25k d) cannot say ^ If PI - claim over 5k and expect recover damages for PSA more or not more than 1k. If injunction, just amount for any damages claimed. ^ DISREGARD INTEREST, Con neg/CC.

Answer 29

1. amount claimed - spec: amount inc interest - unspec: estimate 2. - legal rep's costs specified: ___ (fixed under part 45) unspecified: "to be assessed" 3. total - spec = total - unspec: "to be assessed"

Answer 30

Local court Even if specified e.g. Reading

Answer 31

Yes Own name Below: - name of firm - position (Solicitor)

Answer 32

Specified - exact amount inc interest. Unspecified: - High Court just say over 100k (50k PI) - County Court tick box: - not more than 10k, - more than 10k but not more than 25k, - or more than 25k or that cannot say - disregard interest, contributory negligence and counterclaims

Answer 33

Disregard: - possible interest (!!) or costs; - contributory neg; and - counterclaims (specified would do interest) PI: if claim is for over 5k, state if amount expect recover for pain, suffering and loss of amenity is "not more than £1,000" or "more than £1,000" If claim is for both damages and non-monetary remedy (eg inunction), value for just damages must be given (this is the bit where it's like up to 25k et.)

Answer 34

(only if claim is for not more than 5k and INCLUDES claim for PI) My claim includes a claim for personal injuries and the amount I expect to recover for pain, suffering and loss of amenity is [more][not more] than £1,000.

Answer 35

- Amount claimed (and any interest) - Court fee payable - Legal representative's costs (fixed for specified - any costs awarded would be assessed by court for others)

Answer 36

- Preferred CC - Any vulnerable witnesses (info on adjustments) - Human rights issues

Answer 37

legal and factual basis of claim (e.g. reas care/skill) details of alleged breach (did not revolve as required) remedies sought (e.g. damages of £150k for loss of) any interest claimed (plus interest £1k)

Answer 38

- Their language, signed, dated - Signed by party or their legal representative

Answer 39

Can be solicitors but must be in jurisdiction

Answer 40

- Individual - Partnership (any partner or person with control/management) - Company (senior position - director, secretary etc.) - Solicitor in own (NOT firm's) name, inc capacity and name of firm if apt

Answer 41

- Existing party or one who wishes to become one - Canonly add or susbstitute as claimant unless the new claimant has given their consent in writing and filed at court (once applied, court can grant)

Answer 42

If claim form not yet served, no permission needed. By LP - think we mean whole 6 yrs stuff Within limitation period: - Desirable note: will be to substitute if liabilities passed Outside limitation period: - if **started proceedings within LP** and - mistaken name; - died/bankrupt/interest passed; or - claim can't rly be carried out otherwise

Answer 43

Yes if confirmed by D or their solicitor IN WRITING that authorised accept service - but don't presume. Once nominated, always serve docs on them - unless injunction

Answer 44

Individual - hand it. If refuse, left with or near them. Partnership - left with partner / person control. at principal place. Company - leave someone with senior position: e.g. director/secretary/treasurer.

Answer 45

Usual or last known address individual Or principal/last known address of business (if sole trader/partnership - but can use either)

Answer 46

Express confirmation that willing to accept service this way. - Email address or fax number for actual party (not solicitor) on letterhead enough - **Fax** number on solicitor **letterhead** enough - Solicitor must confirm you can email them (the courts love WLB!)

Answer 47

Court can authorise others e.g. text / voicemail Court can sanction using contractually agreed method / using agent of overseas principal

Answer 48

1. Delivery made at relevant place 2. Letter posted or left with DX; or 3. Fax completed or email sent.

Answer 49

Service - ***6 months*** after issued (instead of 4) Responding - just know is extended *(6m how long wanted to go travelling for!)* **Court permission required unless Scotland/NI.** But if **contract** with English jurisdiction clause, no permission required.

Answer 50

A notice setting out **GROUNDS** which entitled serve in UK e.g. - breach occurred here - excessive delay/cost. AND evi supporting England as correct forum app made **without** notice (literally when is a claim form ever with notice!)

Answer 51

Court unless claimant indicated otherwise

Answer 52

1. Admit claim in whole or part 2. File acknowledgement of service 3. File full defence 4. (never use - ignore and get judgment in default)

Answer 53

Owe money and means to pay - limit costs and early conclusion Relevant admission form

Answer 54

N9 form How D should respond and time limits

Answer 55

D: - provide details of income - make payment offer (inc full or instalments) C: - agree and request file judgment OR - reject payment terms and ask judge to decide (usually in absence hearing)

Answer 56

Cl **14** days to decide: 1. accept part admission in full satisfaction entire claim 2. accept part admission but reject D's proposed payment terms - court will decide terms 3. reject and continue claim ^ largely base on D's ability to pay

Answer 57

D will have offered a sum Court serves notice on Claimant asking whether accept 1. If accept, enter judgment for amount. 2. If: - accept sum but D **asked for time to pay** - and don't accept that ^ ask court to ***assess terms.*** 3. If don't accept **sum** offered or **no sum** offered, can enter judgment for **DAMAGES** to be assessed at **disposal hering.**

Answer 58

Filed by D to court Court SERVES - unless D's solicitor suggested otherwise Served once D filed it w court

Answer 59

Agreement of other parties Extend by max 28 days (remember as extend by same time got to send) Further extension needs court's permission

Answer 60

(remember only one ground for APPLYING!) - PoC served - not filed acknowledgement or defence within time period ^ have until midnight - so add a day on. If pending application by D: - for **summary** judgment; or - to have claimant's statement **struck out**

Answer 61

Specified sum: 1. date payment due; 2. up-to-date total for interest; 3. daily rate interest accrues. Unspecified : - court decide amount at DISPOSAL hearing

Answer 62

If accept monies owed - pay asap to avoid increased costs and interest If don't - apply to set aside

Answer 63

Wrongly entered (usually) because: - too early / before time for defence/acknowledgement passed - **claim already paid**

Answer 64

1. Real prospect of defending; or 2. Some other good reason why should allow to defend e.g. ill/abroad NOT busy at work Consider promptness of application to set aside (is no deadline)

Answer 65

application notice (n244) usually accompanied by a witness statement w submissions

Answer 66

1. Set aside and can defend 2. Claimant wins and judgment remains in place - can proceed to enforcement 3. Conditional order - set aside on condition D pays a sum (e.g. amount of claim) to court (where concerned using as delaying tactic cos not got £)

Answer 67

1. Mandatory ground - Claimant liable pay D's costs with application against judgment (bcos forced to set aside as C entered too early) 2. Discretionary - real prospect success - D at fault - pay Cl's costs 3. SOME OTHER REASON - neither side at fault, costs usually dealt w in case *(yes v sorry i missed it but do have a good reason ok fairs not your fault not yours either!)*

Answer 68

Court: - Only certain circumstances - e.g. granted interim injunction Other parties: - yes - **unanimous** required (fair cos they would be w/o claim!) And yes.

Answer 69

Date of **deemed service** on D Claimant **liable for costs** of proceedings unless court orders otherwise NB costs on STANDARD basis UNLESS D applies indemnity successfully

Answer 70

- File and serve notice of discontinuance on parties to proceedings - If consent is required (from court e.g. injunction, or where other parties to proceedings), attach copy of that consent

Answer 71

Maybe if in exchange of correspondence But best practice - esp if complicated - do formal SA But can't do via consent or tomlin order. *think of it like N said would draw up SA, not tom, a SA*

Answer 72

EITHER: 1. Recorded in court order or judgment; OR 2. Consent/Tomlin order

Answer 73

(consent order = records settlement agreement) Don't need to go to court to do. No litigants in person. 1. Order agreed must be reflected in TERMS; 2. Expressed as 'BY CONSENT'; and 3. Signed by legal REPRESENTATIVES. CONSENT. LIPs. Those are my terms! Expressed via LIPs that was by CONSENT! Legal reps.

Answer 74

[as if particulars until CONSENT ORDER] Upon parties agreeing to settle this matter AND BY CONSENT IT IS ORDERED THAT: 1. [] 2. Upon payment, the cliam will be stayed. 3. No order as to costs **WE CONSENT TO THE TERMS OF THIS ORDER** ULaw LLP _______ [signed] Dated [] (repeat for other firm)

Answer 75

Can only exercise same powers court has (usually sum of money) Public inspection If either or both are issues, use Tomlin order

Answer 76

Claim stayed on terms agreed by parties and included in schedule to that order nb can only be used after proceedings started so not for ADR

Answer 77

1. 'by consent' 2. 'STAY of proceedings' (cher l stay tommy) (stay means pause) 3. 'Liberty to apply' (allows either party to apply to court to lift stay or enforce terms - w/o NEW proceedings) 4. Payment of costs or detailed assessment of costs (if one party paying others costs or both want amount assessed) 5. Signed by solicitors (tommy says im not signing that !!)

Answer 78

[same as PoC until:} ORDER BY CONSENT UPON the parties BY CONSENT IT IS ORDERED THAT Dated... 1. further proceedings stayed upon terms in attached schedule except for carrying those terms into effect. 2. each party LIBERTY to apply if other fails give effect to terms in schedule 3. D do pay £[X] within [days] in respect of C's legal costs AND/OR legal costs are subject to detailed assessment by court. Dated: ___ We consent to the making of an order in the above terms. [signature] [X firm] for the Claimant (repeat) SCHEDULE

Answer 79

Anything want confidential or which court doesn't have power to set out (same as benefits of the order) Usually payment sum

Answer 80

Tick box in acknowledgement of service 14 days after filing ackn of s (otherwise treated as accepting using E/W) Must include evidence as to why NOT THE PROPER FORUM - i am thinking colleseum x

Answer 81

Accept - claim form set aside and proceedings usually end Refuse - original acknowledgement of service ceases to have effect. **If refuse, D must file further acknowledgement within 14 days.**

Answer 82

Date entered on form by court (nb court issues)

Answer 83

Not generally. If win/lose some info on there, don't want client to turn around and say I didn't want you to put that in.

Answer 84

- Authorised - Explained that by signing, they are confirming **client**'s belief - warned that CLIENT could be done for contempt

Answer 85

No. It's just that over certain amounts you have option to.

Answer 86

Concise statement of nature (inc facts) and remedy (inc any interest) e.g. Knocked off bike when D driving car jumper red light. Sustained injury. Seeking damages and interest.

Answer 87

already paid the claim in full

Answer 88

SERIOUSNESS and SIGNIFICANCE of non- compliance REASON why breach occurred All CIRCUMSTANCES of case so deal w justly - promptness - prejudice

Answer 89

Yes - within still within 14 days. Must be filed before the application is made. (box on the acknowledgment form saying intend contest jurisdiction) 14/28 imp numbesr: - 14 days to acknowledge - further 14 days to dispute jurisdiction - if court refuses jurisdiction argument, a further 14 days to file another acknowledgement. - 28 days to file defence if acknowledge - further 28 days can extend w/o court permission if agree w parties

Answer 90

records an agreement reached between the parties and approved by the court.

Answer 91

Formal documents served by parties on each other and define/limit issues in dispute Can only get judgment on issues in them

Answer 92

Claim form Particulars Defence Counterclaim (and defence to that) Replies and responses to request for further information (not inc witness statements or expert reports)

Answer 93

Each allegation: denied, not admitted (no knowledge matter e.g. no idea if box wet when arrived) or admitted If denied, why and **own version of facts if diff to claiman**t. If not defending, deemed to admit.

Answer 94

Submit separate defence in response 14 days or 28 days if agree with D Otherwise, judgment in default

Answer 95

new matters raised in defence

Answer 96

Statement of truth (e.g. defence/counterclaim etc)

Answer 97

If not yet served (and LP not expired), any time and no permission If served: 1. written consent all parties 2. court permission

Answer 98

Applicant file: - current st of case - proposed amednments - app notice Court consider: - overriding objective - balance potential injustice to each side

Answer 99

COURT permission. 1. adding or substituting new claim - if arises out of same/ substantially same facts 2. genuine name mistake 3. alter **capacity** in which party claims

Answer 100

Yes - either party - can request

Answer 101

If solicitor from the firm prepared it

Answer 102

Tell them u need to request amendment If don't agree, cease acting but don't tell any third party why

Answer 103

Can be inc on claim form or separate - usually just debt where have space Verify statement of truth

Answer 104

- Status of parties (at all material times) (D supplied X to me) - Chronology (On X date, fitted XYZ) - **Contract details** (type date etc) - Express and implied terms (think could say attached in schedule) - The actual breach - Factual consequence (e.g. couldn't sell on) - Damage and loss alleged and specified (e.g. lost profit) - Any interest - Summary of remedies - Statement of truth

Answer 105

Specified: - contract; or - Late Payment COMM debts (int) act 1998 ^ 8% above BR and small inconvenience fee; OR - court discretion (35A/69) Unspecified: - contract; or - court disc

Answer 106

V similar But reflect: - Duty of care - Breach - Causation (BEFORE LOSS!) - Loss (don't buy chicken liver) Discretion re interest (normally award) 35A/69

Answer 107

If defendant has either admitted or not commented on it (nb not commented diff to non admission)

Answer 108

- Name of court - Claim number - Parties - The title (which will be DEFENCE) - Date and signature of solicitors in name of firm - Statement of truth - Details of who is to be served and where

Answer 109

If D raised LPin defence, C has burden D has burden: - con neg - failed to mitigate loss D must include: - when began and expired (dates) - ran under LA 1980 or contract?

Answer 110

Could have taken action against Claimant first but didn't Actually suffered loss attributable (defence if got good reason to not pay money but no loss)

Answer 111

Usually same doc document as defence Follows on from defence so don't need to repeat terms etc Only require permission if already filed defence

Answer 112

Part 20 1. **Indemnity** - TP contracutally liable to indemnify D; or - via statute (we don't look at) (e.g. consumer sues retailer, retailer passes sums on to manufacturer) 2. **Contribution** - joint wrong-doers and TP partly responsible (e.g. driver in front to blame) (e.g. mother did not hold child's hand) 3. **Other** additional claims - can make without court's permission if done either *before or at same time* they file defence - often D bringing additional D in. e.g. C sues D for defective lorry. D brings TP in as additional D because kept lorry outside before delivered to them. NB: - civil contribution act separate. use that after the claim finished.

Answer 113

Offset costs from original claim

Answer 114

14 days or extension 28 days if agreed w defendant Judgment in default

Answer 115

Same as with counterclaim - ie continuation on defence form and no need court permission as long as do at same time file defence 1. Indemnity (eg D has contract w manufacturer to indemnify for an claim) 2. contribution (joint wrong-doers and argue someone else partly responsible eg another driver) 3. other additional claims e.g. defendent brings in another additional aprty as have evi that they areto blame

Answer 116

After filing but before service: anytime After filing and service: with written consent of all parties or permission of court

Answer 117

File proposed amendments with application notice (nb: application notice cos is interim) Court considers objective dealing justly / at proportionate cost

Answer 118

1. Add or substitute a new claim (if substantially same facts) 2. Correct genuine mistake re party name; 3. Alter **claiming** party's capacity

Answer 119

[Same way as PoC] CLAIMANT'S PART 18 REQUEST FOR FURTHER INFORMATION This Request is made on [**DATE**] and Cl **expects response** no later than [**DATE 1. Under paragraph [] of the [Particulars of Claim], please provide [detailed description of...]. (repeat). Signed by solicitors - not claimant. [Signature] [X LLP] [address] Solicitors for the Claimant. No need for statement of truth. To the Defendant. (not the court)

Answer 120

- writing, dated, signed (self or solicitor) - serve on all parties, filed w court and statement of truth

Answer 121

Court grant order (requiring to provide) if satisfied request reasonably necessary and proportionate to: - prep own case; or - understand case against them

Answer 122

Made between issuing proceedings and trial to obtain directions from court to: - push matter forward; - obtain clarification of matter(s); or - seek particular remedy

Answer 123

Can be either

Answer 124

Any point - hearing not required.

Answer 125

Written witness statement (by person best placed to address relevant points from personal knowledge or expert if technical application) Draft order Statement truth

Answer 126

Either party Usually by Cl (e.g. D filed weak defence so will probs win at trial but cost/time) Or D e.g. if litigant in person no legal basis

Answer 127

Applicant, legal representative or litigation friend. Application to court for interim order (nb should seek to resolve between selves first)

Answer 128

No real prospect of either Cl or D succeeding on claim, defence or issue; AND No other compelling reason for trial

Answer 129

Where **urgent** or court satisfied in **interests of justice** And damages not appropriate May be made on notice or without

Answer 130

**Freezing injunction🥶** - Real risk removing assets from England and Wales - Prevents from removing *(eng and wales freezing real risk might remove my asets)* **Search orders 🔎** - Search **premises** if believe have their **docs/property** 🏡📄👛 - Suffer **serious harm** if not made 🧐 - **Strong** case 💪 - **Incriminating** materials can't otherwise get 🦹‍♀️

Answer 131

Orders for payments on account of debt owed or damages sought that court expects D will be liable for

Answer 132

Liability admitted; or Liability already determined by a court; or Court satisfied claimant will win substantial amount (main one court will grant)

Answer 133

serving claim outside of jursidction challenging jursidiction amending statement of case extension of time (for serving defence etc) seeking disclosure sanction for failure deadline

Answer 134

Seek to resolve between selves (if fails, submit application notice)

Answer 135

- What order being sought and why - time estimate for hearing - (good practice) facts relying on - attach witness statement if not space on form for issues - attach draft order (good practice but not if simple application) - statement of truth

Answer 136

- factual info and evidence in support of the app - anticipate opponent's case if apt - attach relevant docs if needed

Answer 137

Whoever most appropriate based on their knowledge Technical legal stuff e.g. amendment - solicitor

Answer 138

3 clear days before hearing - date of service and hearing excluded (so days in between those dates) - weekends/bank hols excluded

Answer 139

Apply to court for consent order (means don't need hearing)

Answer 140

1. Exceptional **urgency**; or 2. **Overriding objective** of CPR best achieved by making order w/o notice eg - get in the way of what trying to achieve - common if freezing / search UO - i didn't get the notice that Uo is not in fashun ashymore :(!! not IoJ - that is injunctions - I for injunctions!

Answer 141

- Explain why applied without notice - Highlight areas which respondent would have wanted to highlight (duly full and frank disclosure / don't take advantage) **Soon as practicable,** serve on respondent: 1. Court order; 2. Application notice; and 3. Any supporting evidence ^ this is not the same as hearing !

Answer 142

May apply to set aside or vary the order within **7 days **of service upon them

Answer 143

if going to be an hour or under (general rule) exceptions - inc hearing of application made w/o notice

Answer 144

Generally, loser pays (if application granted, R pays A's costs) But varies - conduct (e.g. amendment because mistake - may need to pay costs even if win)

Answer 145

General rule = if app granted, respondent pays Can vary on conduct/type of order, so may be: - Costs for party who is awarded order (where clear winner - eg summary judgment) - Costs in case conditional order (eg continue defend if serve defence) - conditional costs in case lots of Cs or both at fault for bringing - No costs order/bear own costs neither at fault e.g. evidence later came to light that required addtional witness statements

Answer 146

Brings case to early conclusion can be on whole claim or particular issue

Answer 147

- more time needed to investigate matter e.g. difficulty contacting imp witness - complicated/technical claim so only understand with all evi at full trial - need to hear from witnesses (not just expert) e.g. hinges on disputed oral evidence

Answer 148

Applicant - both no real prospect AND no other compelling Respondent - prevent Cl from proving one

Answer 149

**N244** and usually witness statement Once hearing date fixed, give R: - **14 days notice** - **7 days** to file / serve written evi Applicant; - file and serve any further evi at least **3 days before** Court permission if wish apply **before** time for acknowl or defence

Answer 150

fyi summary usually brought by C but D could bring 1. Summary judgment 2. Striking out or dismissing whole claim (as D would want - case ends) 3. Dismiss (proceed trial) 4. Conditional order (e.g. deposit to prove want to claim or defend/succeed if D provides missing evi - otherwise dismissed)

Answer 151

Specified: - Fixed under Part 45 - Unlikely to cover costs so can request higher figure and summary assessment. Unspecified: 1. Application granted o R pays A's costs for entire case o Summarily assessed then disposal hearing 3. Application dismissed o Loser pays SJ costs for hearing 4. Conditional order o Costs in case

Answer 152

Trial. Court then considers whether to make another injunction.

Answer 153

Discretionary remedy. Usually prevent D doing something before trial e.g. soliciting clients

Answer 154

Contempt of court

Answer 155

- **Serious** issue? - Damages adequate? - **Convenience** of granting? ^ Would undertaking compensate if turns out shouldn't have granted? - Any special factors?

Answer 156

Undertake Any damages respondent or other TPs if turns out shouldn't have been granted (cross-undertaking)

Answer 157

Application notice with evidence in support (usually witness statement) If without notice - evidence in support must be in form of affidavit (affidavit = similar in form to witness statement but sworn/affirmed by maker)

Answer 158

1. Court fix date for **further hearing** where all present - lasts until that hearing - If D successfully argues should set aside, set aside. 2. Tell D they may **apply on notice** for order to be varied or set aside - if don't, remains in place (until trial / another order) (so diff is if D can dispute it via hearing vs notice)

Answer 159

- already tried negotiating - time for **acknowledgement** expired (does not mean D has failed to acknowledge - just that this date has passed) - at least **14** days before hearing date (same for most interim. if in doubt, negotiate, timelines passed, 14 days notice court)

Answer 160

- Amount requested - Whatwill be used for; - Amount likely awarded at final judgment; and - Reasons for believing CPR requirements satisfied (sep card)

Answer 161

Serve response at least 7 days before hearing (then applicant may respond to that up to 3 days before hearing) Same as summary

Answer 162

1. Should order be made? - maybe not if complex Qs of law arise 2. How much? - how much actually due to Cl and what is D able to pay - consider any counterclaims and contributory neg likely to grant if strong case on liability to avoid financial hardship and/or inconvenience otherwise suffered.

Answer 163

Not until determined all issues of liability and costs unless D consents (unlikely)

Answer 164

Unspecified: A) contract (nb: may relate solely to late payment. since any term likely exist for benefit of D if late in paying invoices, unlikely best option - instead statute) B) statute Late Payment of Commercial Debts (Interest) Act 1998 - commercial B2B only - 8% p/a above B of E base rate on date debt became due - small prescribed amount stat compensation C) Court discretion 35A Senior Courts Act (High Court) s69 County Courts Act Specified: - precisely calculate lump sum up to date of proceedings - state daily rate of interest - dates claimed for

Answer 165

Can do (since can attach any docs consider relevant) Only really where critical for understanding of case For PI, must attach **past/future expenses** and losses and if relying **medical practitioner**, should attach to particulars Arguably any other experts reports should only be broguht if court has given permission ^ can't find in textbook.

Answer 166

time limit passed for D filed acknowledgement of service or a defence.

Answer 167

No (if not already done so)

Answer 168

What is alleged and why (e.g. implied term that breached Highway Code by not driving w due care and attention - breach would be that drove through redlight)

Answer 169

1. Contract - if not say in Q that specific term, assume not - may have a term which is detrimental to D cos intended relate late delivery 2. If no provision in contract, statute (Late Payment Comm Debts Act): 8% above base rate (doesnt apply to debts) and small inconvenience fee 3. Court discretion to award in other cases Damages and debt claims: court may award interest on sum outstanding if it claimed Specified only: this must be precisely calculated as lump sum for amount accrued from breach of contract up to date of proceedings and state daily rate

Answer 170

Asking for indemnity or contribution from a third party if u are defendant

Answer 171

If for substantial amount: SSAR - strength claim? (and limits to Ds) - substantial amount? (can't return prev employment?) - appropriate? (prompt/prejudice) (what spend it on) - reasonable proportion final judgment sum? (con neg/counterclaim)

Answer 172

Always if after claim Not if claim not yet served (think if LP not expred - desirable. if has expired - other grounds are bankrupt/dead/interest passed, genuine mistake, can't rly carry out)

Answer 173

Part 18 request better info first Then summary judgment (court would likely grant summary judgment if not provided evi in support defence)

Answer 174

Deal with cases JUSTLY and at PROPORTIONATE cost Part 1 CPR

Answer 175

Actively manage cases (inc track allocation)

Answer 176

Small claims track Value of 10k or less PI - if accident after 31 May 2021: value for pain, suffering and loss amenity 5k or less (this is still correct) knock a zero off high court except inc 10k

Answer 177

Usually if over £10k (£10,000.01+) and up to/inc £25k But usually only if trial expected last no longer 1 day (this is still right)

Answer 178

(normal track where:) OVER 25k and up to 100k trial max **3 days** 2 experts PER party max **3 parties** (e.g. 2 Cs and 1 D) If non-monetary remedy (eg injunction) - only goes to intermediate if IoJ

Answer 179

More complex (usually) over 100k

Answer 180

After initial allocation Judge will confirm or change track based on questionnaire

Answer 181

Both parties Must consult and co-operate If one doesn't, others file theirs

Answer 182

Track allocation stage

Answer 183

Disclosure, witnesses of fact, expert evidence and steps required to take matter to trial these and few above/ below are annoying summary lol

Answer 184

Case management conference - Court considers costs - Parties file costs budget and a budget discussion report - Court may impose costs management order

Answer 185

Costs budget Budget discussion report Directions questionnaire Case summary Disclosure report Draft order (assuming draft directions order) (nb sometimes costs dealt with separately to CMC if complex)

Answer 186

Strike out statements of case Impose penalty costs orders Make unless order

Answer 187

Yes, can apply (but may not be granted)

Answer 188

- equal footing - save expense - proportionate considering value, importance, complexity and financial positions - quick and fair - allocate appropriate share of court's resources - enforce compliance with court

Answer 189

- parties co-operate - identify issues early - which issues deal with at trial - decide order for resolving issues - enc ADR - use tech - avoid attending court

Answer 190

Give evi remotely Questioning through translator

Answer 191

Small claims - informal Fast track - most common Multi-claims - flexible to deal with complexity and variety

Answer 192

1. Defence filed 2. Court officer provisionally decides 3. Directions questionnaire 4. Track confirmed 5. Court issues directions

Answer 193

1. Case summary 2. Disclosure report 3. Costs budget and budget discussion report

Answer 194

Asked if want 1 month stay If yes: stay No: objecting party provides reasons Or: court may (regardless of if requested) order stay of any length for settlement purposes

Answer 195

1. Why this court 2. Pre-action protocol compliance 3. Case management info - any interim apps made? - extent of disclosure/how (eg electrical) - objections to provisional 4. Experts (single joint OK?) 5. Witnesses 6. Timeframe 7. Costs (multi-track) 8. Settlement 9. Draft directions order (see one note)

Answer 196

1. Settlement - if no, why not. 2. Why the chosen court? (e.g. reading district registry) 3. Pre-action protocols (if not complied, why) 4. Case manamgent info - applications made? - dispute allocation. why? - scope/extent disclosure - how deal electronic disclosure 2. Witnesses - name and how many - issues will discus 2. Experts - SJE? If not, proposals. 3. Time estimate 2. Other - apps intend make Attach: - draft directions order - costs budget if fast and legally rep

Answer 197

standard directions

Answer 198

specimen from Ministry of Justice

Answer 199

Whether can use single joint expert and if not, one wish to rely on and cost

Answer 200

- If claim for money in County Court, court serves notice requiring compliance in 7 days. Failure = claim automatically struck out. - All other cases, court makes order considers appropriate. May be for directions, strike out statement of case or list matter for CMC

Answer 201

PART 26 Financial value of claim - most imp BUT also - remedy sought - complexity - number of parties **- counterclaim value ** - amount of oral evidence - importance to non-parties - circumstances of parties (so even if under 10k may still fast track etc)

Answer 202

(legal) costs Interest Contributory neg Any sum not disputed **BUT COUNTERCLAIM IS CONSIDERED** - makes sense - as that would take up more time than interest/con neg!

Answer 203

For small track - damages for pain, suffering, loss amenity not exceed 5k

Answer 204

consumer disputes disputes re ownership of goods landlord tenant disputes (but not for possession) lower value PI

Answer 205

Inter alia Disclosure (and inspection)and experts

Answer 206

Court Simple Typically include: - each party delivers copies of all docs intend rely - require to bring original docs to hearing - not allowed to rely on expert w/o expressn permission

Answer 207

Both parties agree to allow court to make decision based on statements of case and documents submitted

Answer 208

After case allocation

Answer 209

Date of allocation (ahhokay so would say disclosure: 4 weeks, hearing: 30 weeks) (disclosure would be due 4 weeks from date that cour allocated)

Answer 210

- Can agree diff directions between selves, if approved by court - Can agree in writing to vary timetable (ie deadlines for doing things) w/o court EXCEPT trial date or date for **returning pre-trial checklists**

Answer 211

Deadline for: Disclosure - 4 wks Exchange WSs - 10 Exchange experts - 14 reports Court sending **pre-trial checklist** - 20 Parties filing pre-trial checklist - 22 Hearing date - 30

Answer 212

Must be approved by court (nb can agree in writing to vary TIMETABLE but date/checklist need court) (disclosure/experts/Ws - kind of thing where u can say fair enough i'll give them a bit longer) (but the other stuff court is involved in) (also dont touch my directions they are MINE!)

Answer 213

- Standard vs tailored directions - Court usually orders single joint expert (unless good reason) and rely on their written report instead of oral evi - expect no longer than a day - limited power to award costs

Answer 214

Simpler: standard directions and set timetable More complex: Fix CMC (so understand case and can give apt directions)

Answer 215

Court - reviews steps parties already taken to prep case; - check complied any directions; AND - set directions (main one!) Multi-track (cos more complex often need CMC to decide directions properly)

Answer 216

Baso another word for CMC but where hearing quite soon

Answer 217

Legal representative Must be someone familiar enough / has authority to deal with fixing timetable etc

Answer 218

Hearing may be adjourned May make wasted costs order for o/s Payable by solicitor personally or firm

Answer 219

Updated analysis on what's agreed / still disputed. Include: - Brief chronology - Agreed factual issues - Disputed factual issues - Evi required to deal with disputed issues

Answer 220

After served statements of case, if court orders Usually ordered before CMC Claimant (should try and agree with D) *nb case summary = issues in dispute/agreed/brief chronology/evi to resolve disputed issues*

Answer 221

- Costs of CMC - Consider ADR - Timetable up to trial - Review CMC? - Any further information required to clarify one party's case? - Disclosure - Simultaneous exchange of witness statement - Expert evidence (single joint report or simultaneous exchange separate evidence)

Answer 222

Vary: - timetable - can agree and vary in writing Only vary with application to court: - Pre-trial review - Return pre-trial checklist - Trial or trial period - Any CMC

Answer 223

Inform court File draft **consent order** giving effect to agreement

Answer 224

Common multi-track Especially if - complex; and/or - parties can't agree directions e.g. expenisve and long case, agree directions, could approves and give a few extra May just have one as soon as allocated to multi-track Or may have a few to review progress If close to trial, may have pre-trial review (baso same but diff word)

Answer 225

Not issue as long as cooperate and meet key dates

Answer 226

- o/s may apply for order enforcing compliance or sanctioning - can't cause postponement of trial through failure to comply unless exceptional KEEPING TO DIRECTIONS TIMETABLE IS NOT THAT DEEP ! WHICH MAKES SENSE COS AMOUNT TIMES THEY DIDNT

Answer 227

over £10 mil

Answer 228

Multi-track only as rest are fixed - Breakdown of incurred costs (includes dibs) (i.e. already paid); and - Budgeted costs (ie future) and what phase for e.g. case management, disclosure, evidence, pre-trial review, trial prep and trial stages

Answer 229

Signed and dated

Answer 230

Dated and verified statement of truth by senior legal representative

Answer 231

- Claims under 50k: with directions questionnaire (don't have any more !) - All other claims: **21 days** before first CMC

Answer 232

case budget figures which are agreed and those which are not, on a phase-by-phase basis No later than 7 days before first CMC

Answer 233

That costs in costs budget are proportionate and reasonable based directions May revise budget if necessary

Answer 234

other party agrees (unlikely) court satisfied signif unanticipated development e.g. additional expert file budget variation summary sheet

Answer 235

Apply to court Grant apt relief

Answer 236

Treated as filing only for court fees Unless court gives relief, can't recover future legal costs

Answer 237

Sets out what appropriate costs are based on budgets etc

Answer 238

- Extent to which parties agree on incurred/budgeted costs - Re disputed costs: records court's approval of **one party's budget**, if necessary after making appropriate revisions

Answer 239

CMO: - awarded those costs - court only departs if good reason (even if incur way more than thought) No CMO: - if winner claiming 20%+ from costs budget, must make statement of reasons for diff - court decides

Answer 240

Pretty much always unless satisfied conduct justly and at proportionate cost without (e.g. not if saying we will settle in next few days) Multi-track under £10m

Answer 241

Statement of costs already incurred and those anticipated for rest of litigation

Answer 242

Usually at CMC but separate if complex

Answer 243

- Both file budget discussion report - Parties seek to agree those costs - If not, court reviews - Unless just and prop cost w/o, CMO made

Answer 244

RAF IUD. CPR, r 3.4(2) (discretionary) 1. Statement of case contains no reasonable grounds for bringing or defending claim; 2. Statment of case is an abuse of the court's process or is otherwise likely to obstruct the just disposal of the proceedings; or 3. Failure to comply with rule, practice direction or court order e.g. PoC don't say what claim or deence is about. or they do, but not recognised as claim/defence in law. A needs to show ground exist. R: inappropriate, **unjust** or draconian IUD considering overall **circumstances** and whether proportionate relief suggest alt (maintain for these reasons that should not be granted. not suggested that these are necessary but more appropriate alternative/accord with CPR) e.g. unless order. indemnity. interest. also: further disclosure. info/amendment.

Answer 245

Costs: of o/s on indemnity (penalty) basis Interest: reducing or increasing amount payable on damages (depending which party at fault) Unless order: apply to court so unless comply with something by set date, claim/response struck out

Answer 246

**Apply** to court promptly Or if for costs, **appeal** against the order Support application with evidence showing reason for failure/default and that **not serious or significant **default Court will consider need justly and proportionate cost

Answer 247

General considerations: - efficient and proportionate cost - enforce compliance with rules, PDs and orders. Denton v White: Serious/significance of breach Reason for failure or deafult Circumstances so can deal with justly **Use D v W every time dealing with failure to comply PD, court order or rule**

Answer 248

1. seriousness or significance of failure 2. why failure happened? 3. evaluate all circumstances so deal justly e.g. impact of failure on o/s

Answer 249

Yes, hard to get But warned can **penalise** parties seeking to **unreasonably take advantage** of o/s mistake causing **minor breach**

Answer 250

Promptly Support application with evidence addressing the factor's courts consider (fairness, significance, why failed) Often dealt with at CMC

Answer 251

appropriate share to case

Answer 252

Must serve on each other any docs with bearing on case, even if don't benefit them

Answer 253

Disclose a document by stating it exists or has existed Document = any information recorded e.g. video, emails etc

Answer 254

Small claims = 14 days before final hearing, file and serve all documents intend rely on Fast-track = standard Multi-track = usually standard but sometimes tailored

Answer 255

Filing and serving disclosure report 14 days before first CMC

Answer 256

7 days before CMC Discuss and seek to agree proposal for disclosure If agree, file at court (nb: serve disclosure report 14 days before CMC)

Answer 257

1. no need for any disclosure 2. disclose specific things 3. order disclosure on issue by issue basis (e.g. liability but not causation) 4. train of enquiry order - both disclose any docs **reas suppose** may contain info which enables it to bolster own case or damage others - rare bcos extensive 🚃 - anything which may BOLSTER case or DAMAGE others (trains get BOLSTERed and DAMAGEd) 5. standard disclosure (usual)

Answer 258

no can seek from any on ministry of justice website lots of options

Answer 259

must disclose all docs that record info which - intend to **rely** on; or - is **adverse** to EITHER party; or - **support** opponent's case. no need to disclose on **undisputed** matters

Answer 260

Those in parties control Meaning either in or was in physical possession or just that have right to possess/inspect

Answer 261

**Reasonable** and **proportionate** search for all documents that: **adversely** affect own or o/s case or **support** o/s case (doesn't inc "those intend to rely on" but would look for anyway)

Answer 262

- how many docs - nature and complexity case - ease and expense retrieval - significance of doc

Answer 263

as long as can justify and state ways limiting in **list of documents**: - not searching for docs came into existence before a particular **date** (eg client in neg claim only search from date instructed by D) - specifying particular **place**(s) they search (eg main office and branch office) - limiting **categories** of docs (e.g. only those relating to subject matter of claim) ^ court will consider limitations acceptable if mean party still able to investigate case within means of disclosed docs

Answer 264

Propose and hopefully agree with other party early in proceedings Must state how limiting in list of documents

Answer 265

Manage electronic documents and use technology to minimise cost must discuss and agree categories of electronic docs to disclose and how to exchange/inspect, any limits e.g. keywords On list of docs, would state under "carried out search of electronic docs" - ___ database. - I searched their email accounts which are stored on server B together with the electronic back up tapes of their emails.

Answer 266

Electronic disclosure questionnaire optional

Answer 267

At CMC, parties will discuss disclosure. Court will then either give written directions on how electronic disclosure will proceed or order separate hearing to deal with this.

Answer 268

1. Formalities (parties names, court, claim no.) 2. Disclosure Statement 3. 'The list'

Answer 269

**CANNOT BE LEGAL REPRESENTATIVE** Individual overseeing disclosure process and: - their name, address and office or position; or - basis upon which have made the statement on behalf of the party (the party being the company/LLP etc) *certify that understand duty and to best of their knowledge, duty carried out*

Answer 270

Extent of search (e.g. any limits on it) That understand duty of disclosure and to their knowledge carried it out Reasons if not permitted inspect certain docs bcos consider disprop

Answer 271

Contempt of court

Answer 272

prepare and serve **supplemental** list of docs If then wish to rely on one such doc and o/s disputes, need court's permission (since o/s not seen it)

Answer 273

- Part 1: In party's control and do not object to inspection clearly specified - Part 2: In party's control but object to inspection (usually LPP) - Part 3: Not privileged from inspection but no longer in control Must explain what happened (e.g. Rebekah in ocean or your letter sent to D now in D's control)

Answer 274

Can't rely on it unless court permits If harmful to that party's case case, court may strike case out

Answer 275

must still be disclosed in the list but cannot inspect; and described generically

Answer 276

LPP legal professional privilege Litigation privilege

Answer 277

1. With legal professional (inc foreign lawyers/legal execs) (not e.g. accountant) AND 2. Legal advice **sole or dominant** purpose (e.g. if dual but dominant is to get commercial advice - no LPP)

Answer 278

Yes Even though not refer to at trial Disclosable As contains info which client would rely on or may adversely impact case

Answer 279

1. between client *or* laywer and a **TP**; and (not between client/lawyer - that would be legal advice) 2. from when litigation was **contemplated or ongoing** and 3. for **sole or dominant** purpose of obtaining **advice** or for using as **evidence** in the litigation. E.g. expert report obtained by legal executive to advise on contemplated proceedings

Answer 280

Right of client only. usually if: a) only way to advance proceedings e.g. solicitor drafting witness statement - before served, privileged b) **mistake** e.g. accidentally send to o/s

Answer 281

don't read return to sender and confirm not read don't inform client

Answer 282

Party's genuine attempt to settle and must be in relation to existing dispute Means trial **judge not made aware** If constitutes standard disclosure, disclose between parties but not trial judge.

Answer 283

(can only inspect Part 1 docs) In writing O/s must grant within 7 days

Answer 284

1. First, write to other side 2. If fails, application notice (N244) filed at court with wtiness statement and served on o/s

Answer 285

Apply to court N244 Request specific disclosure E.g.: - more extensive search - disclose specific documents Witness statement in support - state WHY exists e.g. - seen it before

Answer 286

Apply to court Court may require party claiming privilege to produce the doc and invite others to make representations on it to court - will then consider if correctly categorised Otherwise order that reveal doc (hard to use as part 2 docs generic names)

Answer 287

No Can request but only force via court order

Answer 288

Supported by witness statement. Satisfy court: - applicant and respondent likely parties to proceedings - docs would be covered under standard disclosure; and - desirable abandon proceedings, assisting resolution (e.g. ADR) or save costs. 🏚️ 🚮 💰 (may want if not sure whether to issue proceedings)

Answer 289

Proceedings must have commenced Write to them first Apply to court if refuse Support w evidence Only if help resolve issue E.g. doc in their possession

Answer 290

- documents likely support applicant's case or adversely affect other sides; AND 🍻 😢 - necessary to dispose fairly of case or save costs (not ADR) 🚮💰 (e.g. help dispose fairly if could tell u D did something which meant have no valid defence)

Answer 291

Specify docs to be disclosed Require non-party to work out which aren't in their control and which are privileged

Answer 292

Budget Discussion Report Do 7 days before CMC then court will consider at the CMC hearing

Answer 293

Yes own example but say WS and one is a liti in person

Answer 294

yes if obvs inapt e.g. small claims (expensive if end up paying o/s legal fees)

Answer 295

request to court for other party to provide further information (should write to defendent first) court deals with without hearing. (aged 18 i would have requested further info too!)

Answer 296

Doesn't consider con neg, interest, sum not in dispute, legal costs Does consider counterclaim (which makes sense. cos counterclaim is a lot longer/bigger deal).

Answer 297

Draft directions (if agreed with other side) If not agreed with other side, just include your own

Answer 298

Apply from relief for sanctions

Answer 299

Denton v TH White

Answer 300

Rare Court considers winner's l**ast approved budget** If costs are over **20**%, must explain why Court will determine whether the increased amount is **reasonable**

Answer 301

Not usually

Answer 302

No. Regards largest of them when determining financial value. BUT is taken into account. so on the chart it has allocation based on value (which is the value of the claim). then other factors - which includes value counterclaim.

Answer 303

Have to disclose if rely on but can withhold inspection from someone who wasn't party to.

Answer 304

Summary judgment = either (real prospect AND no compelling) Default = Claimant only (real prospect OR some good reason)

Answer 305

Fast and intermediate 1 - 4 Complexity e.g. simple debt - band 1 e.g. complex prof neg - band 4 Parties encouraged to agree band - if don't, court will assign

Answer 306

Small claims: up to 10k (or up to 5k PI) Fast: above 10k (or 5k PI value for PSA pain, suffering and loss amenity) and up to 25k Intermediate: Over 25k and max 100k Multi-track: Over 100k

Answer 307

must be good reason eg insuffiient time would enable D to harm C in some way eg destroy supporting evidence

Answer 308

Definition = **enjoyment** land **unreas** **interfered** with by another **landowner** Purpose = position as if nuisance hadn't occured

Answer 309

Untrue or misleading (not negligent) misstatement of fact by A which induces B to enter contract with A and that causes loss to B Position before entered contract

Answer 310

High Court judge if freezing or search Supported by evi in affidavit - sworn or affirmed Without notice - must be good reason so say e.g. - insufficient time - irreparable harm if hear of plans e.g. destroy

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