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Dispute Resolution > DR 1 > Flashcards

DR 1 Flashcards

1
Q

Features of ADR?

A

Independent TP with relevant knowledge

help reach but can’t impose.

Private and confidential / withdrawal.

Judge only informed after deciding any damages.

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2
Q

When should you not use ADR?

A
  1. Obviously inappropriate
    - injunction , fraud/disreputable conduct, ruling point of law
  2. Unlikely co-op (eg disclosure); or
  3. Can’t be trusted to comply outcone
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3
Q

Common court direction if not tried ADR?

inc what must do if don’t

A

NOW HAVE POWER TO REQUIRE TO ENGAGE

Can stay proceedings or order to engage ADR

^ provided does not inhibit right to a hearing
and is proportionate to settling quickly / reasonable costs

Then if don’t participate when another proposes, serve witness statement re why not within 21 days

(court can pressure but not order ADR)

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4
Q

Implications of failure to respond to reasonable proposal for ADR?

What will be considered in assessment of failure?

Who will burden be on?

A

BoP to show other party unreasonably refused

Costs

Court will consider:
1. Too complex nature?
2. Merits of case
3. Other settlement means tried?
4. Disprop high cost for ADR?
5. Would delay have been prejudicial?
6. Reas prospect of settlement via ADR?

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5
Q

What must solicitors confirm in directions questionnaire regarding ADR?

Including whether their party agrees to what ?

A

That they have explained:
1. Need to try settle;
2. Options available;
3. Possibility of costs sanctions if refuse to.

And whether they agree to 1 month stay to settle

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6
Q

Mediation procedure

Whatto send?

A
  1. Propose
  2. Agree independent TP
  3. Send written statements to mediator
  4. Mediator discusses on WITHOUT PREJUDICE (!!) basis
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7
Q

Advantages of mediation

A

Cost 💸👩‍💼
- even if eventually litigate, less legal costs for prep
Speed 🛥️
Flexibility 🤸‍♀️
- choose procedure and TP.
- no need comply statute/case law.
Private 🕵️‍♀️
- reputation
Preserves business reli 🤗
- non-confrontational / solution not imposed
Commercial 📈
- TP can make more workable outcome
- orders court couldn’t make - eg discounts future orders
Withdraw whenever 👋

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8
Q

Disadvantages of mediation

A
  1. Limited disclose requirements
  • but quicker decision often better than liti to get potentially more correct outcome
  1. Privacy (can’t repair rep damage)
  2. Withdraw whenever
  3. No automatic enforcement (but if agree - contract)
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9
Q

How does arbitration arise and how is arbitrator selected?

A
  1. Contract requires to use it in event of dispute
  2. Parties agree once dispute arisen

Their choice - may specify in contract or choose.

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10
Q

Key features arbitration?

/ why diff to mediation

A
  1. SUBSTITUTE to litigation
  2. Binding decision

(could mediate then arbitrate or litigate)

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11
Q

Advantages of arbitration

A

same arbitration except bindin g

  • quicker liti 🚅
  • usually cheaper although costs of arbitrator often high
    (qualified / expert)
  • less formal
  • independent w expert
    private = confidentiality – preserve business relationship / customers or competitors unaware
  • more practical solutions
  • binding (can apply to enforce in High Court)
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12
Q

Arbitration mediation distinction

A

binding nature of the outcome

means can’t proceed with litigation after

Bin arb

Ab adversarial in nature

Generally slower and long-term commitment

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13
Q

Disadvantages arbitration

A

(a) may not receive depth of investigation would in the courts
(b) certain remedies such as injunctions are not available.
(c) not that cheap - arbitrators expensive and often want lawyers
(d) limited appeal

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14
Q

Who should formal docs sent to court be addressed to?

A

Court manager

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15
Q

What are the five stages of litigation?

A
  1. Pre-commencement
    (inc ADR and pre-act protocol)
  2. Commencement of action
    (serve claim form with particulars to D, D can serve defence to C)
  3. Interim matters
    (directions issued, exchange evi, costs scrutinised, ask for any orders e.g. if skipped step in the timetable)
  4. Trial
    (resolve liability, damages and costs)
  5. Post-trial
    (appeal, application to enforce)
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16
Q

What should be done at pre-commencement of proceedings stage?

A

Consider prospects of success and ADR

Follow pre-action protocol
(share info / try resolve)

If collected sufficient evidence to substantiate a realistic claim, send to D with letter detailing claim

D should send letter in response

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17
Q

Limitation periods for tort, contract and personal injury

From when do they commence?

A

Contract:
- 6 years after breach
(delivered not discovered)
- UNLESS varied in contract

Tort = 6 years after tort committed
- negligence, this will be date damage

Latent (hidden) damage =
- 6 years after committed (eg delivery); OR
- 3 years after knowledge of damage
^ whichever later
BUT no later than 15 yrs after negligence.

(e.g. building company negligent 2018. realised when foundation dropped 2029. have until 2032)

PI = 3 years from cause of action or knowledge of injury
- if child, from their 18th bday

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18
Q

When are proceedings treated as commencing?

What happens if a claim is issued by court after limitation period but was received by court before it expired?

A

When court formally processes claim form (i.e. issues claim)

Treated as being within limitation period

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19
Q

When would the time pause on limitation period? Implication of this?

A

Once claim lodged

So if claim struck out by court / discontinue, can bring a new claim but in original limitation period

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20
Q

Can a claimant bring a claim after limitation period expired?

A

Yes but D will have complete defence

Burden on Cl to show not expired

Exemptions rare at court discretion (e.g. extreme sexual assault and won lottery)

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21
Q

When may there be two defendants

A
  • Vicarious liability (claim against employer and employee)
  • Consumer defective products - manufacturer and retailer
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22
Q

Safeguards in litigation for vulnerable

A

Under 18
or protected under MCA

Litigation friend to make decisions

They must be fair/competent/no adverse interest

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23
Q

What can an inquiry agent assist with and what are the disadvantages?

A

Tracing D and checking if worth suing

Expensive

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24
Q

Two diff types of claims and when to use

A
  1. Specified claims (fixed amount of money/can calculate)
  2. Unspecified claims
    (court must investigate - only an approximate figure. also if mix of unspecified and specified)
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25
Q

Breach of contract claim - order of progression

A
  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?)
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26
Q

What to follow re litigation and what to follow if that doesn’t contain relevant info at pre-action stage?

A

Pre-Action Protocols (annexed to CPR)

Practical Direction on Pre-Action Conduct and Protocols

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27
Q

Key elements of Practice Direction and Pre-Action Protocols

A
  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
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28
Q

Letter before claim

  • how long to respond?
  • must include?
    This is a way of taking ___ and ___ ___

Include what?

A

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

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29
Q

Potential consequences for failure to follow terms of Practice Direction / any protocol?

A

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

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30
Q

Two notable types of claims which have own pre action protocol

A
  1. Debt - PPDC (pre act prot for debt claims)
    ^ doesn’t apply B2B debts
  2. Professional negligence - Pre-Action Protocol for Professional Negligence
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31
Q

PPPN procedure

(drafting)

diff letters.

A

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

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32
Q

How is PPDC (debt) different? and what needs including and enclosing?

A

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

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33
Q

If you are coming up to end of limitation period, what should you do?

A

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

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34
Q

How long does a claimant have to serve a claim form after it’s been issued?

A

4 months

Before twelve midnight.

e.g. 16 January - will be 16 May.

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35
Q

How long does a claimant have to issue particulars of claim (if not submitted with the claim form)?

A

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

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36
Q

How long does a defendant have to respond to acknowledge a claim?

A

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

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37
Q

When is a CLAIM FORM DEEMED to have been SERVED?

A

TWO business days

(same for all methods of service)

(e.g. Friday - would be the Tuesday)

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38
Q

Court OTHER THAN CLAIM FORMS

What methods of service have a 4.30pm cut off time

When will they be deemed as served?

NB inc particulars if served serperately

A

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

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39
Q

Court docs OTHER than claim forms - which do NOT have a 4.30pm cut off time and when will they be deemed as served?

NB inc particulars if served separately

A

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)

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40
Q

when can proceedings be issued E/w? is permission court required?

A

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.

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41
Q

When CAN a claim be started in the High Court?

A

OVER (!!) 100k or over (!) 50k Personal Injury PI

(not impacted by changes)

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42
Q

When would you choose to start a claim in the High Court?

(factors not value)

A

Complexity
Valuation
Public importance

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43
Q

What types of claims generally go through County Court?

A

Specified claims (specific sum - debt)

Unspecified (for damages - need to quantity)

usually money-only straightforward claims

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44
Q

What types of claims are sent to the different courts within the County Court? (specify diff courts)

A
  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!

  1. All others (inc injunctions!)
    - any CC
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45
Q

What are the three divisions of the High Court and what do they generally consider?

A
  1. King’s Bench Division (contract and tort)
  2. Chancery Division
    (land, trust, contentious inheritance, partnership claims, company law)
  3. Family Division
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46
Q

which court of high court do u issue claim to?

A

(I think)

LDN - RCJ

Outside London - district registry

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47
Q

What is the name for the courts which consider specialist business and other civil disputes and name two courts within that?

A

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)
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48
Q

What does Claimant need to send to court once proceedings start?

A
  • 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

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49
Q

When does limitation period stop running?

A

When RECEIVED in court office

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50
Q

which court should u include on heading claim form?

A

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]

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51
Q

what needs inc on claim form under brief details of claim

how might u do for:
- debt claim
- negligence claim

A

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 ^

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52
Q

How to value claim on p1 of claim form?

A

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.

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53
Q

bottom right hand corner p 1 claim form, what to include under:

  • amount claimed
  • legal rep’s costs
  • total

?

A
  1. amount claimed
    - spec: amount inc interest
    - unspec: estimate

2.
- legal rep’s costs
specified: ___ (fixed under part 45)
unspecified: “to be assessed”

  1. total
    - spec = total
    - unspec: “to be assessed”
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54
Q

can D’s name and address for service on p1 of claim form be solicitors address?

A

Yes

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55
Q

“indicate preferred CC Hearing Centre” on claim form

What should it be?

A

Local court

Even if specified

e.g. Reading

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56
Q

Can solicitor sign statement of truth?

Own name or firm name?

A

Yes

Own name

Below:
- name of firm
- position (Solicitor)

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57
Q

What are the thresholds on a claim form for valuing unspecified claim?

What should be disregarded?

A

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
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58
Q

CC claim

When valuing unspecified claim, what should you disregard on claim form?

What must you state for personal injury?

If claim is for damages AND non-monetary remedy, how do you value that?

A

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.)

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59
Q

What to state if PI claim on value of claim?
(not the bottom right hand corner bit)

A

(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.

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60
Q

What should be inc in financial summary of claim in claim form bottom right corner?

A
  • 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)
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61
Q

What’s included in page 2 of claim form?

A
  • Preferred CC
  • Any vulnerable witnesses
    (info on adjustments)
  • Human rights issues
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62
Q

What should particulars of claim contain?

A

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)

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63
Q

Formalities for statement of truth on claim form?

A
  • Their language, signed, dated
  • Signed by party or their legal representative
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64
Q

What address for service should be given?

A

Can be solicitors but must be in jurisdiction

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65
Q

Who can sign a statement of truth on claim form?

A
  • 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
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66
Q

Who can apply to add, substitute or remove a party during course of proceedings?

A
  • 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)

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67
Q

What are grounds for adding, substituting or removing a party?

A

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

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68
Q

When can you serve claim form on D’s SOLICITORS instead of D themselves?

When SHOULD you make sure to serve on them?

A

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

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69
Q

Arrangements for personal service of documents

A

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.

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70
Q

Where to serve claim forms if no solicitor for
- individuals
- sole traders
- partnerships
?

A

Usual or last known address individual

Or principal/last known address of business

(if sole trader/partnership - but can use either)

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71
Q

Will second class post satisfy requirements of CPR for service?

A

No

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72
Q

can you serve docs on D and their solicitor by
- email
- fax
?

A

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!)
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73
Q

What alternative methods of service can be used and when?

eg text/email

A

Court can authorise others
e.g. text / voicemail

Court can sanction using contractually agreed method / using agent of overseas principal

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74
Q

When has Cl done all they need to do for serving claim form via:

  • personal service
  • post or DX provider
  • Fax / email sent
A
  1. Delivery made at relevant place
  2. Letter posted or left with DX; or
  3. Fax completed or email sent.
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75
Q

How long for serving and responding to CLAIM FORM outside of E/W?

Is permission of court required?

A

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.

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76
Q

What must a claim form being served abroad be accompanied by?

Will it be with or without notice?

A

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!)

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77
Q

Who serves claim form on defendant?

A

Court unless claimant indicated otherwise

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78
Q

Options open to defendant under CPR in response to proceedings?

A
  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)
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79
Q

When would admission be in D’s interests?

How to admit claim as defendant?

A

Owe money and means to pay

  • limit costs and early conclusion

Relevant admission form

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80
Q

What is the response pack which Defendant will receive? What does it include?

A

N9 form

How D should respond and time limits

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81
Q

Next steps where D fully accepted liability for claim?

A

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)

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82
Q

Next steps where D admitted part of SPECIFIED claim?

Inc how long C got

A

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

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83
Q

Next steps for Claimant if D admitted for UNSPECIFIED claim?

A

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.
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84
Q

Who serves defence? When is it served?

A

Filed by D to court

Court SERVES - unless D’s solicitor suggested otherwise

Served once D filed it w court

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85
Q

How can a D seek to extend a time limit for filing a defence?

A

Agreement of other parties

Extend by max 28 days
(remember as extend by same time got to send)

Further extension needs court’s permission

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86
Q

What must have happened for claimant to succeed in application for default judgment?

When might still be unsuccessful?

A

(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

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87
Q

Applying for judgment in default - what must claimant include re costs?

(specified v unspecified sum)

A

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

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88
Q

Options for defendant once judgment in default lodged against them?

A

If accept monies owed - pay asap to avoid increased costs and interest

If don’t - apply to set aside

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89
Q

When MUST a court set aside judgment in default?

A

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

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90
Q

When MAY a court exercise DISCRETION to set aside default judgment?

(discretionary instead of mandatory ground)

when may second be satisfied?

A
  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)

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91
Q

Form and associated docs submitted to apply for judgment in default set aside?

A

application notice (n244)

usually accompanied by a witness statement w submissions

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92
Q

Three possible orders a judge can make for application to set aside default judgment?

A
  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 £)
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93
Q

Costs for application to set aside default judgment?

A
  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!)
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94
Q

Is permission of court/other claimants required to discontinue all or part of a claim?

Can you discontinue against just one defendant?

A

Court:
- Only certain circumstances - e.g. granted interim injunction

Other parties:
- yes - unanimous required
(fair cos they would be w/o claim!)

And yes.

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95
Q

Claim discontinued:
- what date is it brought to an end?
- does cl need to pay costs?

A

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

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96
Q

How can a claimant discontinue a claim?

A
  • 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
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97
Q

Can terms of PRE-ACTION settlement be enforced if not recorded in writing?

A

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

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98
Q

If settlement reached AFTER proceedings commenced, what should you ensure and why?

A

EITHER:

  1. Recorded in court order or judgment; OR
  2. Consent/Tomlin order
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99
Q

Formalities for consent order?

Who cannot participate?

What must it contain? State? Be signed by?

A

(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.

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100
Q

layout of consent order

A

[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)

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101
Q

Limits of consent orders and alternative

A

Can only exercise same powers court has
(usually sum of money)

Public inspection

If either or both are issues, use Tomlin order

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102
Q

What is a Tomlin order? What must it include?

A

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

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103
Q

What terms must contained within a Tomlin order?
Who signs?
(NB in the order ITSELF)

A
  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 !!)
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104
Q

Tomlin order structure

A

[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

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105
Q

What should be in schedule to Tomlin order?

A

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

Usually payment sum

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106
Q

How can a defendant dispute court’s jurisdiction?

How long to do so?

What is the phrase used?

A

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

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107
Q

How can court respond to D dispute re jurisdiction and effect?

A

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.

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108
Q

On what date is a claim form issued?

A

Date entered on form by court

(nb court issues)

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109
Q

Is it good practice for solicitor to do statement of truth on client’s behalf?

A

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.

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110
Q

When solicitor signs a statement of truth, what is assumed?

A
  • Authorised
  • Explained that by signing, they are confirming client’s belief
  • warned that CLIENT could be done for contempt
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111
Q

Is there a certain amount where have to go to High Court?

A

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

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112
Q

What must brief details of claim include?

(on claim form / sep to particulars)

A

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.

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113
Q

When could D DEFO (!! not just try to argue) have default judgment set aside despite having failed to acknowledge in time?

A

already paid the claim in full

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114
Q

When considering whether to set default judgment aside, what will court consider?

Clue: D v W

A

SERIOUSNESS and SIGNIFICANCE of non- compliance

REASON why breach occurred

All CIRCUMSTANCES of case so deal w justly
- promptness
- prejudice

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115
Q

Should you file an acknowledgement if you are contesting jurisdiction?

A

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
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116
Q

What is a consent order?

A

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

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117
Q

Meaning of statements of case?

A

Formal documents served by parties on each other and define/limit issues in dispute

Can only get judgment on issues in them

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118
Q

What encompasses statements of case?

A

Claim form
Particulars
Defence
Counterclaim (and defence to that)
Replies and responses to request for further information

(not inc witness statements or expert reports)

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119
Q

What must defence primarily state and risk if doesn’t.

What must state if denied?

A

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 claimant.

If not defending, deemed to admit.

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120
Q

What must claimant do if receive counterclaim?

How long?

A

Submit separate defence in response

14 days or 28 days if agree with D

Otherwise, judgment in default

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121
Q

when would reply to defence be good idea?

A

new matters raised in defence

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122
Q

What must all statements of case include?

A

Statement of truth

(e.g. defence/counterclaim etc)

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123
Q

How can statements of case be amended BEFORE limitation period expires?

A

If not yet served (and LP not expired), any time and no permission

If served:
1. written consent all parties
2. court permission

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124
Q

court considerations in accepting permission to amend statement of case?

what should applicant file?

A

Applicant file:
- current st of case
- proposed amednments
- app notice

Court consider:
- overriding objective
- balance potential injustice to each side

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125
Q

How can statements of case be amended AFTER limitation period expired?

A

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
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126
Q

Can any party require clarified/more information on a disputed matter?

A

Yes - either party - can request

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127
Q

When can a statement of claim be signed by firm?

A

If solicitor from the firm prepared it

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128
Q

What should you do if filed statement of case and client later tells you material error?

A

Tell them u need to request amendment

If don’t agree, cease acting but don’t tell any third party why

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129
Q

Where should particulars be contained?

What should they include?

A

Can be inc on claim form or separate - usually just debt where have space

Verify statement of truth

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130
Q

Breach of contract - what must particulars include?

A
  • 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
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131
Q

How is interest claimed specified vs unspecified

A

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

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132
Q

How do particulars of claim differ in negligence to contract?

A

V similar

But reflect:
- Duty of care
- Breach
- Causation (BEFORE LOSS!)
- Loss
(don’t buy chicken liver)

Discretion re interest (normally award)
35A/69

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133
Q

When does a claimant need to prove an allegation?

A

If defendant has either admitted or not commented on it

(nb not commented diff to non admission)

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134
Q

What must a defence contain?

A
  • 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
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135
Q

Who has burden for?
- LP not expired (if alleged in defence?)
- con neg
- failure to mitigate?

What must D include in defence if alleging LP expired?

A

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?

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136
Q

When does a counterclaim arise?

A

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)

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137
Q

When will court permission be required for counteclaim?

A

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

138
Q

What additional claims could defendant bring outside of a counterclaim?

Part __ ?

A

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)

  1. Contribution
    - joint wrong-doers and TP partly responsible
    (e.g. driver in front to blame)
    (e.g. mother did not hold child’s hand)
  2. 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.

139
Q

Purpose of counterclaim/any additional claims defence may bring against TPs?

A

Offset costs from original claim

140
Q

How long does a claimant have to dispute a counterclaim and impact if not?

A

14 days or extension 28 days if agreed w defendant

Judgment in default

141
Q

What other additional claims being brought other than counterclaim and does D need to do as seperate claim / court’s permission?

A

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
142
Q

How can statements of case be amended prior to limitation period expiry?

A

After filing but before service: anytime

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

143
Q

If applicant applying to court to amend statement of case, what must they ATTACH?

What will court consider?

A

File proposed amendments with application notice
(nb: application notice cos is interim)

Court considers objective dealing justly / at proportionate cost

144
Q

After limitation period expired when may court allow amendment to statements of case?

A
  1. Add or substitute a new claim (if substantially same facts)
  2. Correct genuine mistake re party name;
  3. Alter claiming party’s capacity
145
Q

What to include in part 18 request?

A

[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)

146
Q

How must you respond to a part 18 request (i.e. for clarified/further information)?

A
  • writing, dated, signed (self or solicitor)
  • serve on all parties, filed w court and statement of truth
147
Q

If one party does not respond to or comply with request for further/clarified info, willcourt do anything?

A

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

148
Q

Will a damages claim always be unspecified?

A

Yes

149
Q

What are interim applications?

A

Made between issuing proceedings and trial to obtain directions from court to:

  • push matter forward;
  • obtain clarification of matter(s); or
  • seek particular remedy
150
Q

Will interim apps be with or w/o n otice?

A

Can be either

151
Q

How can interim applications be disposed of?

A

Any point - hearing not required.

152
Q

What supporting evidence usually attached to interim application?

A

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

Draft order

Statement truth

153
Q

Who can apply for summary judgment?

A

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

154
Q

Who can sign an application notice?

(andw what is an application notice lol)

A

Applicant, legal representative or litigation friend.

Application to court for interim order
(nb should seek to resolve between selves first)

155
Q

What must court be satisfied of to grant summary judgment?

A

No real prospect of either Cl or D succeeding on claim, defence or issue; AND

No other compelling reason for trial

156
Q

When can INTERIM injunctions be granted?

Not the case. Buzz words.

A

Where urgent or court satisfied in interests of justice

And damages not appropriate

May be made on notice or without

157
Q

EXPLAIN 2 main types of injunctions AND what must SHOW TO OBTAIN?

A

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 🦹‍♀️
158
Q

What are interim payments?

A

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

159
Q

Requirement for interim PAYMENT order to be made?

A

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

160
Q

Examples of interim applications?

A

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

161
Q

What should you do before interim application?

A

Seek to resolve between selves

(if fails, submit application notice)

162
Q

What form for application notice?

A

N244

163
Q

What should N244 (application notice) contain?

A
  • 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
164
Q

What should a witness statement to an interim application contain?

A
  • factual info and evidence in support of the app
  • anticipate opponent’s case if apt
  • attach relevant docs if needed
165
Q

Who should write a witness statement for an interim application?

A

Whoever most appropriate based on their knowledge

Technical legal stuff e.g. amendment - solicitor

166
Q

When should notice for standard interim application be served?

A

3 clear days before hearing

  • date of service and hearing excluded (so days in between those dates)
  • weekends/bank hols excluded
167
Q

If parties reach an agreement on required interim order, what should they do?

A

Apply to court for consent order

(means don’t need hearing)

168
Q

When can interim application be made without notice on other party?

A
  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!

169
Q

If interim APPLICATION (!!) made without notice, what must applicant do in:
1. Application
2. After order granted (if granted) and by when

A
  • 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 !

170
Q

Are there any rights of respondent who has just found out about application served without notice?

Time limit?

A

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

171
Q

When should interim application hearings be conducted by telephone?

(clue: ⏰)

A

if going to be an hour or under

(general rule)

exceptions - inc hearing of application made w/o notice

172
Q

General rule on costs for interim application?

A

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)

173
Q

Most common costs orders for interim applications?

A

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
174
Q

What is a summary judgment?

can it be on one issue?

A

Brings case to early conclusion

can be on whole claim or particular issue

175
Q

Common ‘compelling reasons’ for allowing case to proceed to trial?

A
  • 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
176
Q

Requirements of what each party needs to prove for summary judgment to pass/dismiss?

REMEMBER ITS NOT A FULL TRIAL AND RESPONDENT SHOULD NOT SPEND TOO LONG ON REAL PROSPECT - CONCENTRATE ON COMPELLING REASON

A

Applicant - both no real prospect AND no other compelling

Respondent - prevent Cl from proving one

177
Q

Is court permission required for summary judgment?

How does an applicant apply?

Relevant timeframes?

How long does respondent have to respond?

A

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

178
Q

Application for summary judgment - possible orders a judge could give?

A

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)
179
Q

Potential costs orders for summary judgment?

A

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
  2. Application dismissed
    o Loser pays SJ costs for hearing
  3. Conditional order
    o Costs in case
180
Q

How long do interim injunctions stay in place for?

A

Trial.

Court then considers whether to make another injunction.

181
Q

What are injunctions?

A

Discretionary remedy.

Usually prevent D doing something before trial

e.g. soliciting clients

182
Q

How are injunctions punishable?

A

Contempt of court

183
Q

Guidelines for court considering interim injunctions?

imp advocacy

A
  • Serious issue?
  • Damages adequate?
  • Convenience of granting?
    ^ Would undertaking compensate if turns out shouldn’t have granted?
  • Any special factors?
184
Q

Interim injunction granted - what must applicant promise? clue….

A

Undertake

Any damages respondent or other TPs if turns out shouldn’t have been granted

(cross-undertaking)

185
Q

What must u support application notice for an injunction with?

A

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)

186
Q

Two different orders court could make for application for interim injunctions without notice?

A
  1. Court fix date for further hearing where all present
  • lasts until that hearing
  • If D successfully argues should set aside, set aside.
  1. 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)

187
Q

When should interim PAYMENT applications be made?

In terms of:
- what must have already happened
- time for ___ expired?
- how many days before hearing must application notice be sent to court?

A
  • 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)

188
Q

What must application for interim PAYMENT include evidence of?

A
  • Amount requested
  • Whatwill be used for;
  • Amount likely awarded at final judgment; and
  • Reasons for believing CPR requirements satisfied
    (sep card)
189
Q

How long does D have to respond to interim payment application?

A

Serve response at least 7 days before hearing

(then applicant may respond to that up to 3 days before hearing)

Same as summary

190
Q

What will courts consider in deciding whether to grant interim payment order?

A
  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.

191
Q

Will a trial judge be informed of interim payment order/voluntary payment?

A

Not until determined all issues of liability and costs

unless D consents (unlikely)

192
Q

How should claim for interest be made in specified vs unspecified (breach of contract)

A

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

193
Q

Can an expert’s report be attached to statement of case?

Consider PI claims

A

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.

194
Q

what must have happened for claimant to apply for default judgment?

A

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

195
Q

Will defendant need to submit defence before summary judgment?

A

No (if not already done so)

196
Q

How should breach of contract be specified in particulars of claim?

A

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)

197
Q

Breach of contract - describe in detail 3 alternative ways of claiming interest

and then interest for specified / damages claims?

A
  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

198
Q

What are part 20 claims?

A

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

199
Q

Interim payments - what should court consider for payments substantial sum?

A

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)

200
Q

When is court permission required from to add, substitue or remove a party?

A

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)

201
Q

If not got enough info from D in their defence, what should you do?

A

Part 18 request better info first

Then summary judgment

(court would likely grant summary judgment if not provided evi in support defence)

202
Q

What is the overriding objective?

what rule?

A

Deal with cases JUSTLY and at PROPORTIONATE cost

Part 1 CPR

203
Q

How are courts required to give practical effect to the overriding objective?

A

Actively manage cases

(inc track allocation)

204
Q

Which track is the most informal and what is the financial value to use it (usually)?

A

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

205
Q

When should fast track be used?

A

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)

206
Q

when use intermediate track

A

(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

207
Q

When should the multi-track be used?

A

More complex

(usually) over 100k

208
Q

When must the parties complete a directions questionnaire and what impact may the directions questionnaire have on this?

A

After initial allocation

Judge will confirm or change track based on questionnaire

209
Q

Who completes the directions questionnaire?

A

Both parties

Must consult and co-operate

If one doesn’t, others file theirs

210
Q

When will court give directions in a trial?

A

Track allocation stage

211
Q

What issues will be covered in judge directions?

A

Disclosure, witnesses of fact, expert evidence and steps required to take matter to trial

these and few above/ below are annoying summary lol

212
Q

What usually happens prior to a multi-track case re costs? What must parties do?

A

Case management conference

  • Court considers costs
  • Parties file costs budget and a budget discussion report
  • Court may impose costs management order
213
Q

What documents must parties file at a CASE management conference?

A

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)

214
Q

What sanctions can court use to enforce compliance with overriding objective?

A

Strike out statements of case

Impose penalty costs orders

Make unless order

215
Q

Can a party ever obtain relief from a court sanction (intended to achieve overriding objective)?

A

Yes, can apply (but may not be granted)

216
Q

6 objectives for court in complying with overriding objective?

A
  • 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
217
Q

What is included in court’s active role to ensure ding objective?

A
  • parties co-operate
  • identify issues early
  • which issues deal with at trial
  • decide order for resolving issues
  • enc ADR
  • use tech
  • avoid attending court
218
Q

What may court do to assist overriding objective where party or witness is vulnerable?

(e.g. language difficulties, disabled)

A

Give evi remotely

Questioning through translator

219
Q

Different features of the 3 different tracks

A

Small claims - informal

Fast track - most common

Multi-claims - flexible to deal with complexity and variety

220
Q

Order of track allocation

(ie provisional allocation)

A
  1. Defence filed
  2. Court officer provisionally decides
  3. Directions questionnaire
  4. Track confirmed
  5. Court issues directions
221
Q

Other than directions, what documents must be prepared if provisional multi-track allocation?

A
  1. Case summary
  2. Disclosure report
  3. Costs budget and budget discussion report
222
Q

Three options and outcomes regarding staying proceedings to settle in directions questionnaire?

A

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

223
Q

What areas are contained in directions questionnaire?

A
  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)

224
Q

What type of info is requested re case management in the directions questionnaire?

A
  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
  5. Witnesses
    - name and how many
    - issues will discus
  6. Experts
    - SJE? If not, proposals.
  7. Time estimate
  8. Other
    - apps intend make

Attach:
- draft directions order
- costs budget if fast and legally rep

225
Q

what draft order directions usually used for fast track?

A

standard directions

226
Q

what draft order directions usually used for multi-track?

A

specimen from Ministry of Justice

227
Q

What must parties indicate in directions questionnaire re expert?

A

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

228
Q

Consequences for failure to file directions questionnaire?

A
  • 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
229
Q

Factors for considering track allocation (as per Part ___ ) and what is most important?

A

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)

230
Q

What is disregarded re track allocation?

A

(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!

231
Q

For purposes track allocation, value of claims for PI?

A

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

232
Q

What types of cases usually dealt with in small claims track?

A

consumer disputes

disputes re ownership of goods

landlord tenant disputes (but not for possession)

lower value PI

233
Q

What aspects of CPR don’t apply to small claims?

A

Inter alia

Disclosure (and inspection)and experts

234
Q

Who issues directions for small claims and what would they usually include?

A

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

235
Q

When will small claims track case not need to proceed to hearing?

A

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

236
Q

When does court issue directions?

A

After case allocation

237
Q

From what date to periods in allocation run?

(e.g. disclosure is due in 4 weeks)

A

Date of allocation

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

238
Q

What can parties vary in fast track directions?

A
  • 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
239
Q

What do standard directions contain?

A

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

240
Q

Requirements if party agree to different directions?

A

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!)

241
Q

Differences between multi-track and fast-track?

A
  • 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
242
Q

What directions used in multi-track cases?

A

Simpler:
standard directions and set timetable

More complex:
Fix CMC (so understand case and can give apt directions)

243
Q

What happens in CMC?

What track?

A

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)

244
Q

What is a pre-trial review?

A

Baso another word for CMC

but where hearing quite soon

245
Q

Who attends CMC?

A

Legal representative

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

246
Q

What happens if inappropriate person attends CMC?

A

Hearing may be adjourned

May make wasted costs order for o/s

Payable by solicitor personally or firm

247
Q

What is case summary / what should it contain?

A

Updated analysis on what’s agreed / still disputed. Include:

  • Brief chronology
  • Agreed factual issues
  • Disputed factual issues
  • Evi required to deal with disputed issues
248
Q

When should case summary be sent and who by?

A

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

249
Q

Multi-track directions: what areas will they cover?

A
  • 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)
250
Q

What areas can and cannot parties change in multi-track directions?

A

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

251
Q

What MAY court order in multi-track case re if case settles after CMC?

A

Inform court

File draft consent order giving effect to agreement

252
Q

Types of cases where CMC?

How many CMCs?

A

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)

253
Q

Implications if party fails keep precisely to directions timetable?

A

Not issue as long as cooperate and meet key dates

254
Q

If party fails to generally keep to directions timetable?

A
  • 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

255
Q

What claims usually excluded from cost management process?

A

over £10 mil

256
Q

What should be included in a cost budget?

(nb this is during pre-trial stage)

Which track?

A

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
257
Q

Formality requirements for case summary? (i.e. updated analysis for court)

A

Signed and dated

258
Q

Formality reqs cost budget?

A

Dated and verified statement of truth by senior legal representative

259
Q

When must parties file costs budgets?

A
  • Claims under 50k: with directions questionnaire

(don’t have any more !)

  • All other claims: 21 days before first CMC
260
Q

What is a budget discussion report and when must it be submitted?

A

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

261
Q

Costs budget: what do courts consider?

A

That costs in costs budget are proportionate and reasonable based directions

May revise budget if necessary

262
Q

When can a party change a costs budget?

What must be filed?

A

other party agrees (unlikely)

court satisfied signif unanticipated development
e.g. additional expert

file budget variation summary sheet

263
Q

What can you do if other side acting oppressively in making you incur excessive costs?

A

Apply to court

Grant apt relief

264
Q

Consequences for failing to file costs budget on time?

A

Treated as filing only for court fees

Unless court gives relief, can’t recover future legal costs

265
Q

What is costs management order?

A

Sets out what appropriate costs are based on budgets etc

266
Q

What does court include in cost management order?

A
  • 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
267
Q

Effect of cost management order?

A

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

268
Q

when will CMO be made?

A

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

269
Q

What is a cost budget?

A

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

270
Q

When will court assess costs budget?

A

Usually at CMC but separate if complex

271
Q

How are costs decided?

A
  • Both file budget discussion report
  • Parties seek to agree those costs
  • If not, court reviews
  • Unless just and prop cost w/o, CMO made
272
Q

When can court strike out a party’s statement of case?

What does applicant and respondent need to show?

A

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.

273
Q

Explain the three sanctions available to courts during case management process other than striking out?

A

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

274
Q

How can a party get relief from sanction and effect?

A

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

275
Q

What will court consider when assessing whether to offer relief from sanction?

A

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

276
Q

What must court consider in assessing whether to offer relief from sanctions?

A
  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
277
Q

Do court’s take a tough approach to offering relief from sanctions?

Phrase for what COULD argue when asking for relief - they are trying to ___

A

Yes, hard to get

But warned can penalise parties seeking to unreasonably take advantage of o/s mistake causing minor breach

278
Q

How must parties apply for relief from sanctions?

A

Promptly

Support application with evidence addressing the factor’s courts consider

(fairness, significance, why failed)

Often dealt with at CMC

279
Q

In complying with overriding objective, court will allocate _______________ of court’s resources to ____

A

appropriate share to case

280
Q

What is the duty of disclosure on parties?

A

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

281
Q

Definition if disclosure?
i.e. how does a party disclose

A

Disclose a document by stating it exists or has existed

Document = any information recorded
e.g. video, emails etc

282
Q

What type of disclosure usually applies to cases in diff tracks?

Deadline in small claims?

A

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

283
Q

How and by when must parties notify court of their requirements for disclosure in multi-track?

(i.e. what they need from disclosure)

A

Filing and serving disclosure report

14 days before first CMC

284
Q

disclosure in multi-track:

After disclosure report served, what should parties do next and by when?

(nb disclosure report is prepped by parties)

A

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)

285
Q

Examples of specific disclosure orders which court may make in multi-track?

What is train of inquiry order?

A
  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)
286
Q

any requirements on type of disclosure parties must seek in multi-track?

A

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

287
Q

What is standard disclosure

A

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

288
Q

What type of docs is disclosure limited to?

A

Those in parties control

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

289
Q

Under duty to search, what must parties specifically do?

__ and ___ search

A

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)

290
Q

What do courts consider in reasonableness in duty to search?

A
  • how many docs
  • nature and complexity case
  • ease and expense retrieval
  • significance of doc
291
Q

To what extent can parties limit their search for documents?

(dicslosure)

A

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

292
Q

If seeking to rely on limitation to duty to search, what should party do?

A

Propose and hopefully agree with other party early in proceedings

Must state how limiting in list of documents

293
Q

What does CPR require parties to do re electronic documents disclosure?

A

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.

294
Q

What type of doc may parties use if electronic docs to disclose?

A

Electronic disclosure questionnaire

optional

295
Q

How will court deal with directions re electronic docs?

A

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.

296
Q

What form is disclosure made on?

A

N265

297
Q

Contents of N265 disclosure form (in brief)?

A
  1. Formalities
    (parties names, court, claim no.)
  2. Disclosure Statement
  3. ‘The list’
298
Q

Who can sign disclosure statement?

A

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

299
Q

What should disclosure statement contain?

A

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

300
Q

Implications for signing disclosure statement w/o honest belief in truth?

A

Contempt of court

301
Q

Duty of disclosure is ______

A

Ongoing

302
Q

What must party do if becomes aware further info after signing disclosure statement and before proceedings concluded?

A

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)

303
Q

How should ‘the list’ in disclosure form be segregated?

A
  • 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)
304
Q

What happens if fail to disclose and then bring to court’s attention?

A

Can’t rely on it unless court permits

If harmful to that party’s case case, court may strike case out

305
Q

Do you need to disclose documents which are legitimately withheld (e.g. LPP?)

A

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

306
Q

What two components does LPP consist of?

A

LPP legal professional privilege

Litigation privilege

307
Q

Requirements for correspondence to be covered by legal ADVICE privilege?

A
  1. With legal professional (inc foreign lawyers/legal execs)
    (not e.g. accountant)

AND

  1. Legal advice sole or dominant purpose
    (e.g. if dual but dominant is to get commercial advice - no LPP)
308
Q

Do you have to disclose documents covered by LPP if not rely on at trial?

(e.g. AN with advice from meeting with client and lawyer)

A

Yes

Even though not refer to at trial

Disclosable

As contains info which client would rely on or may adversely impact case

309
Q

What must be satisfied for communication to be covered by litigation privilege?

A
  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

310
Q

if covered by LPP. where in list of docs does it go?

A

part 2

311
Q

How can privilege be waived?

In practice when will it be?

Can lawyer do it?

A

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

312
Q

what should you do if accidentally receive something for o/s?

A

don’t read

return to sender and confirm not read

don’t inform client

313
Q

What constitutes WP correspondence?

A

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.

314
Q

How can you request to inspect a disclosure document?

How long must other party grant within?

A

(can only inspect Part 1 docs)

In writing

O/s must grant within 7 days

315
Q

Steps should take if dissatisfied with other sides disclosure?

A
  1. First, write to other side
  2. If fails, application notice (N244) filed at court with wtiness statement and served on o/s
316
Q

What type of application for inadequate disclosure?
(already tried speaking to o/s)

A

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

317
Q

What should you do if disputing privilege (i.e. don’t think part 2 doc is privileged)?

A

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)

318
Q

Is any disclosure required before claim form issued?

A

No

Can request but only force via court order

319
Q

Requirements for successful pre-action disclosure application under CPR?

advocacy?

A

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)

320
Q

How can you apply for disclosure from non-party?

A

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

321
Q

When will court order non-party disclosure?

A
  • 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)

322
Q

What must court order for non-party disclosure contain?

A

Specify docs to be disclosed

Require non-party to work out which aren’t in their control and which are privileged

323
Q

Where should you raise objections to opponent’s budgets?

A

Budget Discussion Report

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

324
Q

Can you vary timetable for one party only?

A

Yes

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

325
Q

could u restrict party from using KC etc?

A

yes if obvs inapt e.g. small claims

(expensive if end up paying o/s legal fees)

326
Q

What is part 18?

A

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!)

327
Q

Does court consider counterclaim/con neg etc when allocating to track?

A

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).

328
Q

If possible, what should you attach to directions questionnaire?

A

Draft directions (if agreed with other side)

If not agreed with other side, just include your own

329
Q

If wasted costs order against you (where failed to submit costs budget), what can you do to rectify this?

A

Apply from relief for sanctions

330
Q

Case for three stage test for relief from sanctions?

A

Denton v TH White

331
Q

Effect of no CMO?

A

Rare

Court considers winner’s last approved budget

If costs are over 20%, must explain why

Court will determine whether the increased amount is reasonable

332
Q

Are cases involving dishonesty suitable for small claims track?

A

Not usually

333
Q

Will court aggregate a claim and counterclaim for purposes of determining financial value (to determine track)?

A

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.

334
Q

Disclosability rules on WP correspondence?

A

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

335
Q

Which can either party bring - summary or default judgment?

A

Summary judgment = either
(real prospect AND no compelling)

Default = Claimant only
(real prospect OR some good reason)

336
Q

Explain bands in track?
- which tracks does it apply in?
- what are they?
- what are they based on?
- who decides?

A

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

337
Q

based on value alone - track allocation

A

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

338
Q

imp for advocacy

interim injunction

when will court allow remedy if made without notice?

A

must be good reason

eg insuffiient time

would enable D to harm C in some way

eg destroy supporting evidence

339
Q

Definition nuisance and purpose damages

A

Definition = enjoyment land unreas interfered with by another landowner

Purpose = position as if nuisance hadn’t occured

340
Q

Definition misrep and purpose of damages

A

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

341
Q

Interim injunction - what judge?

What type of evidence in support?

A

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

Dispute Resolution (3 decks)

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