Flk 1 Flashcards
What is the time limit to bring a claim on latent defects?
15 years
What is the time limit to bring a claim for breach of contract?
6 years
What is the time limit to bring a claim for most claims in tort?
6 years
What is the time limit to bring a claim for personal injury?
3 years
What is the time limit to bring a claim for fatal accidents claims?
3 years
What is the time limit to bring a claim for defamation ?
1 year
What is the time limit to bring a claim for unfair dismissal?
3 months
What are the exceptions to the rule that on the small claims track the court will generally make no order for the payment of legal costs?
The amount payable in lower value road traffic accident claim is limited to fixed recoverable costs
Fixed costs apply in small claims cases or money claims
Costs recovery in cases proceeding through the portal for low value traffic and employer’s liability claims are subject to fixed amounts
Fixed trial costs apply in fast track claims
What cases are subject to fixed recoverable costs?
Claims up to £100,00 where proceedings are issued on or after 1 october 2023, saved for personal injury claims. For PI cases the extension of fixed recoverable costs applies where the cause of actions accrues on or after 1 october 2023, whilst for disease cases it only applies where a letter of claims has not been sent to the defendant before 1 october 2023
How has the fixed costs recoverable been extended?
All civil cases up to the value of £25,000
Introduced the intermediate track which covers simpler cases valued between £25,00 and £100,000
A new process and separate table of costs for noise induced hearing loss claims valued up to £25,000
What cases are excluded from the new rules relating to fixed recoverable costs?
The Court has discretion to allocate complex cases with a value of under £100,000 to the multi-track exempting them from the extended fixed costs.
Housing claims - application delayed for 2 years
Mesothelioma and other abestos related to lung disease claims
Clinical negligence, unless both breach of duty & causation is admitted
Claim for damages in relation to harm, abuse or neglect of or by any children or vulnerable adults
A claim that the court could order to be tried by jury if satisfied there is in issue a matter set out in the county courts act 1984 or Senior Courts act 1981
Claims against the police involving an intentional or reckless tort or relief or remedy in relation to the human rights act 1998. This exclusion does not apply to a road accident claim arising from negligent police driving, an employers liability claim or any claim for an accidental fall on police premises
When is it likely that the defendant will be able to recover costs if the claimant decides not to continue with the claim?
If proceedings were issued and the claim stayed to allow the parties to comply with the protocols, an award to recover some if the wasted costs if complying with the protocols may be granted
When pre-action disclosure is available?
If within the scope of standard disclosure and if disclosure would fairly assist in disposing of the claim and save costs
What are the time limits for a claim regarding latent defects in construction?
Six years from the accrual date
Three years from the earliest date on which the potential claimant knew or reasonably ought to have known, material facts necessary to bring an action alleging negligence
There is a long stop limitation period of 15 years from the act or omission
What are the rumes in relation to amendment of the statement of case?
Before the statement if case has been served, it can be amended at any time without permission of the court.
After the statement of case has been served, a party can amend it only with written consent of all other parties or the permission of the court.
Can a party apply to add or remove a party after the statement of case has been served?
Yes, provided that the application contains supporting evidence.
The court can add a new party if:
- it is desirable to add the new party so that the court can resolve all matters in dispute in the proceedings or
- There is an issue involving the new party and an existing party connected to the matters in dispute in the proceedings and it is desirable to add the new party so that the court can resolve the issue
Can the court add or substitute a party after the limitation period has expired?
Only if the relevant limitation period was current when the proceedings were started and the addition and substitution is necessary.
To determine if the substitution is necessary, the court must be satisfied that:
- the new party is to be substituted for a party who was named in the claim first in mistake for the new party
-the claim cannot be properly be carried on by or against the original party unless the new party is added or substituted as claimant or defendant; or
- the original party has died ir had bankruptcy order made against them and their interest or liability has passed to the new party
What are the requirements for summary judgment?
The claimant has no real prospect of succeeding in the claim
The defendant has no real prospect of successfully defending the claim
There is no other compelling reason why the case should be disposed at trial
When can a court strike out a claim?
The statement of case discloses no reasonable grounds for bringing or defending the claim
The statement of case is an abuse of the court’s process
There has been a failure to comply with a rule, practice direction or order
What are the deadlines relevant for an application regarding summary judgment?
If written evidence is provided to support application, the application must serve on the other party at least 14 days before the hearing. The defendant must serve evidence in response at least seven days the hearing and the claimant must serve any evidence in reply no later than 3 days before the hearing
What a defendant that wishes to dispute a court’s jurisdiction should do?
Tick the box in the acknowledgment of service form indicating they wish to dispute jurisdiction and make an application to do so within 14 days after the deemed service.
If the defendant application fails, they will be required to file a defence at that point, probably within 14 days
When interest stats accruing in the county court?
Only is the judgment is for more than £5000
What is the minimum amount for a high court judgment?
£600
