FLK 1 dispute reolution Flashcards
Dispute resolution- weak areas of process to learn/ practice
Overriding objective?
to enable the court to deal with cases justly and at proportionate cost, active case management.
4 tracks in civil Disputes
Small Claims Track:
Low-value claims (up to £10,000, £1,000 for personal injury/housing disrepair).
1-2 wit
Fast Track:
Standard route for cases £10,000–£25,000, trial ≤ 1 day.
2-3 witt, 1 day trial
Intermediate Track:
For moderately complex cases that need more resources than Fast Track but less than Multi-Track. 3-5 witt, 1-3 days trial
Multi-Track:
For high-value (£25,000+) or very complex cases with flexible procedures.
no limit wittneses, no limit trial.
Court options in civil
Kbd
Chancery
Family
County- up to 100k
High court- 100k plus, complex, important public outcome. libel JR, HRA.
Subdivisions:
KBD- shipping, planning, gen comm law (contracts, debts etc)
Chancery- buisness (breach, comp act, articles etc) , Int Prop, insolvency
Family- divorce etc
Which dates can only the court vary?
Case conference,
trial dates
more
Time line for service
4 months from issuing,
Claim form- > particulares of claim 14 days after.
acknowledgement- 14 days defence - 28 days.
Interest calculation in contract dispute
Interest Statement: Claimants must in POC they are seeking interest and explain how it is calculated.
Ways to Claim:
Contractual Interest: Use the rate in the contract.
Statutory Interest:
B2B: 8% above the Bank of England base rate (Late Payment Act 1998).
Court’s Discretion:
Section 35A (High Court), Section 69 (County Court).
Specified Claims: Must include a lump sum for pre-claim interest and a daily rate for ongoing interest.
Unspecified Claims: Estimated interest is optional but helps clarify.
Key Rule: Interest claims must be in the particulars to be awarded
POC general outline Tort vs Contract- 7 steps
Contract: “Cool Bears Can Learn Details In Advance.”
Contract exists/ established.
Breach identified.
Causation established.
Loss detailed.
Damages stated.
Interest claimed.
Avoid muddling or defences.
Tort: “Daring Bears Cause Damage In Advance.
Duty of care established.
Breach of duty identified.
Causation of harm proven.
Damage detailed and quantified.
Interest claimed.
Avoid muddling or anticipating defences.
Part 36 offers, steps and consequences
MITSC- Make It Timely, Smart, and Consequential
Make a Clear Offer:
The offer must be in writing, state it is made under Part 36, and include:
Terms of the offer.
Whether it relates to the whole or part of the claim.
A 14-day minimum period for acceptance with costs consequences.
Icentives for Settlement:
Encourage early settlement by shifting costs and interest consequences based on whether the offer is accepted.
Time Limits and Changes:
Offers can be accepted at any time unless withdrawn.
The 14-day period determines costs consequences.
Sanctions for Non-Acceptance:
Consequences depend on whether the offer was made by the Claimant or the Defendant:
Claimant achieves a judgment better than their Part 36 offer.
1. Defendant pays costs on an indemnity basis from the end of the 14-day period.
2. Additional interest on damages (up to 10% per annum).
3. Additional damages of up to 10% of the first £500,000 awarded and 5% of any additional award up to £1,000,000 (capped at £75,000).
Claimant fails to do better than** the Defendant’s Part 36 offer** (e.g., judgment is equal to or less favorable than Defendant’s offer).
1. Claimant pays Defendant’s costs from the end of the 14-day period.
2. Claimant loses entitlement to costs after the 14-day period, even if they win, unless the court orders otherwise.
Claim Interest:
Interest can be claimed based on:
Statutory interest or court discretion (Section 35A Senior Courts Act 1981).
Enhanced interest as a sanction for non-acceptance (up to 10% per annum for claimants).
how to get witness to attend and consequence for failing to attend.
May attend volunatyr, should be notified of the trial date without delay, if any doubt, obtain a witness summons.
must be delievered 7 days before.
if sumoned- must be offered to compensate for loss of time or cover expenses in traveling to/from court.
if they fail to attend may be fined or held in comtempt.
Process for appeal
No right of appeal, must ask permission.
Can ask oral permission in current court, orpaper application to appeal court Form N161 within** 21 days (28 days for COA)**, served withing 7 days of filing on other side.
Reasons applicable for appeal:
1) real prospect of success or
2) there is some other compelling reason for the appeal to be heard
COA- and important point of principle or practice- must have
Grounds for appeal:
show trial court was either:
wrong on law or interp of facts or exercise of discretion
unjust because of serious procedural irregularity in proceedings.
Destination of appeals
District J of county court > Circuit judge of county court
Master or district J of high court > HC judge
Circuit judge > HC judge
High Court judge > CoA
leapfrog: Jump to Court of Appeal from lower courts
need permission to use-and important point of principle or practice. - COA
or to
Supreme Court from High court.
need- leapfrog cert from trial judge and, permission from the supreme court
Trial bundle key documents -8
Claim form and SOC
Case summary
requests for further info - if applicable
witness statements
notices of inten to rely on hearsay evidence
expert report and responses
directions orders
any other necessary docs with evidence to rely on.
Time limit for Letter before claim?
PDPAC- must be reasonable time.
14 days in a straightforward case
3 months maximum in a complex case.
Test for relief of sanctions
Denton v white 2014: 3 steps (ICE)
-identify and determin how serious or sig the breach is.
-consider why the failure occured
-evaluate the cirm and the effect on the case to deal justly with the app. eg would it affct trial dates, what effct would granting relief have on each party.
Minor breaches with valid reasons are more likely to result in relief.
Serious breaches without good reasons are less likely to be excused, as compliance with court rules is critical.
Limitation periods
Contract:
6 years from the date of breach.
For specialty contracts (e.g., deeds): 12 years from breach.
Tort:
General : 6 years from the date the damage occurred.
PI: 3 years from:
- The date of the injury, or
- The claimant’s knowledge of the injury.
- If the claimant was a minor: 3 years from their 18th birthday (until age 21).
Latent Damage (non-personal injury): 6 years from the date of damage or 3 years from knowledge of, subject to a 15-year longstop.
what is included in standard disclosure?
standard disclosure from is N265.
Reqs for a witness statement/ affidavit
Own words
name, personal or work address occupation etc and relevance connected to the proceedings if relevant eg employee of xyz ltd.
contain prescribed heading-
supported by exbits if needed
signed/ verified by statement of truth
Standard forms:
disclosure
application
injunction
elect docs questionnaire
Disclosure- N265
Application - N244
Injunction- N16A
EDQ- N264
Pretrial checklist reason and time limit
also calle dlisting questionnaire- tcheck whether the directions made by the court have been complied with and whether the trial is ready to proceed.
limit: not later than 8 weeks before the start of trial.
consequence: if neither party files a pre-trial checklist, the court will direct that any claim, defence or counterclaim will be struck out unless a pre-trial checklist is filed within seven days
claim gets struck out, or defence struck out if.
What are the differences between statutory annexation and express assignment of the benefit of a covenant?
Statutory Annexation:
Automatic attachment of the benefit to the land under Section 78 of the Law of Property Act 1925.
Requirements:
Covenant “touches and concerns” the land.
The land to be benefited is sufficiently identified in the covenant.
Effect: Benefit passes automatically to successors when the land is transferred.
No need for explicit wording in the transfer deed.
Express Assignment:
The benefit is explicitly transferred to the new owner via a deed.
Requirements:
The covenant “touches and concerns” the land.
A valid deed explicitly assigns the benefit.
Effect: Only the immediate assignee benefits unless reassigned in future transfers.
Manual process; no automatic transfer.
MR Murder vs Attempted
R v White (1910): Attempted murder requires a clear intention to kill, not just harm.
Murder:
a specific intent to cause the victim’s death or
Intention to Cause Grievous Bodily Harm (GBH): even if death was not the intended outcome.
Section 25 Notice – Grounds for Opposing a New Tenancy
RBC-ABRL
Mandatory Grounds (Landlord MUST Prove):
(a) Breach of Repair: Tenant failed to repair or maintain property.
(b) Persistent Rent Delays: Repeated late payment of rent.
(c) Other Lease Breaches: Substantial breaches of lease terms.
(d) Alternative Accommodation: Suitable replacement premises offered to tenant.
Discretionary Grounds (Subject to Court’s Approval):
(e) Better Management: Lease is a sublease, and refusal would improve management.
(f) Redevelopment: Landlord intends to demolish or rebuild.
(g) Landlord’s Use: Landlord intends to occupy for their own use (business or residential).-must have owned the property for at least 5 years
