General Flashcards
How should PoCs for a specified sum be set out?
- Loss.
- Unnumbered particulars.
- Interest.
- Unnumbered particulars.
- Compensation (if applicable).
- Future interest.
- Pre-Action.
- Prayer
How should PoCs for an unspecified sum be set out?
- Duty.
- Breach.
- Unnumbered particulars.
- Causation/loss.
- Unnumbered particulars.
- Interest.
- Pre-Action.
- Prayer.
Where no contractual rate is stated, under what statute may interest be claimed? From when will interest run? At what rate? Statutory compensation?
- Late Payment of Commercial Debts (Interest) Act 1998.
- Runs from agreed payment date, or after implied 30-day credit period.
- 8% above base, i.e. 8.5%.
- £100 if over £10,000 claim.
What are the sources of authority for interest in the County Court and the High Court?
- s69 County Courts Act 1984.
2. s35A Senior Courts Act 1981.
How is interest calculated?
- Sum claimed x interest rate gives annual rate.
- Annual rate / 365 gives daily rate.
- Daily rate x period of days.
What documents must be taken to court to have a claim issued?
3x Claim Form. 3x PoCs (if separate) 3x annexed documents 1x cover letter 1x applicable fee
What documents will be served on the Defendant?
1x sealed Claim Form
1x sealed PoCs (if separate)
1x cover letter
1x Reponse Pack
What is the full High Court heading (e.g. if claim issued in Nottingham)?
High Court of Justice, Queen’s Bench Division, Nottingham District Registry
In a Defence/Counterclaim, where do the Particulars of Breach/Negligence and the Particulars of Loss go?
- Particulars of Breach/Negligence - Defence.
2. Particulars of Loss - Counterclaim.
What guidance was given on whether an application for Security for Costs will be ‘just’? Case?
Sir Lindsay Parkinson v Triplan.
- Is the Claimant’s claim bona fide and not a sham?
a) Good prospect of success?
b) Defendant made any admissions?
c) Defendant made any offers to settle? - Delay by Defendant in making the application?
- Defendant trying to stifle a genuine claim?
In an application for summary judgment, on whom is the burden? Is it a high burden? Case?
On the applicant, to show that the respondent’s case has no prospect of success. High burden; respondent merely needs to show his case has some merit - ED and F Man Liquid Products v Patel
3 forms of privilege?
- Legal advice privilege (legal advice must be given).
- Litigation privilege (3rd party; litigation must be reasonably in prospect; must be predominant purpose of communication).
- Without prejudice (genuine attempts to settle).
Give 3 common law bars to admissibility.
- Irrelevance.
- Opinion.
- Speculation.
Give 6 factors which will be taken into account when considering the general weighting of evidence.
- Bias.
- Vagueness.
- Accuracy of perception.
- Performance as a witness.
- Strength of memory.
- Supports key or peripheral issue.
Where a Claimant rejects a Defendant’s offer and ultimately receives less, what happens with costs?
- Defendant pays Claimant’s and its own costs up to expiry of relevant period.
- Claimant pays Defendant’s and its own costs from expiry of relevant period to trial, plus interest.
