General Matters

Question 1

What is the overriding objective?

Answer 1

1.1 - Enabling the court to deal with cases justly and at proportionate cost

Question 2

Duties of the parties?

Answer 2

1.3 - The parties are required to help the court to further the overriding objective

Question 3

Duties of the court?

Answer 3

1. 2 - The court must seek to give effect to the overriding objective
2. 4 - The court must further the overriding objective by actively managing cases

Question 4

Proceedings in the High Court:

Answer 4

May not be started in the HC unless the value of the claim is more than £100,000 or more than £50,000 for PI claims

A claim should be started in the HC if by reason of these factors, C believes claim should be dealt with by a HC Judge:

1. ) The financial value of the claim
2. ) Complexity
3. ) Importance/ Public interest

Question 5

Halsey:

Answer 5

Facts: A case involving whether ADR was unreasonably refused

Reasons to consider in the question of unreasonable refusal of ADR:

a. ) Nature of dispute
b. ) Merits of the case
c. ) Other settlement methods have been attempted
d. ) Cost of ADR would be disproportionately high
e. ) Delay of the proposal to ADR
f. ) Whether ADR has a reasonable chance of success

Question 6

Forms of ADR:

Answer 6

Negotiation
Mediation
Arbitration
Med-Arb
Early Neutral Evaluation
Expert Determination