Introduction to Dispute Resolution Flashcards
What is the overriding objective of the CPR under CPR 1.1?
The overriding objective of the CPR is to ‘enable the court to deal with cases justly and at proportionate cost’, which involves:
a) Ensuring that the parties are on equal footing
b) Saving expense
c) Dealing with the case in ways which are proportionate to the amount of money involved, importance of the case, the complexity of issues and financial position of each party
d) Allotting to each case an appropriate share of the court’s resources
e) Enforcing compliance with rules, practice directions and orders
What is the general rule regarding costs?
The general rule is that the unsuccessful party will be ordered to pay the costs of the successful party (CPR 44.2).
What is the limitation period for personal injury claims?
A personal injury claim must be brought within 3 years of the latest of:
(a) the date when the cause of action accrued
(b) the date of knowledge of the person injured
What is the limitation period for claims under the Fatal Accidents Act 1976?
The claim cannot be brought if the person injured could no longer bring a claim.
The claim cannot be brought after 3 years from the later of:
-date of death
-the date of knowledge of the dependant
What does date of knowledge mean?
Date of knowledge means knowing:
(a) That the injury was significant
(b) That it was attributable (at least in part) to the alleged wrongdoing
(c) The identity of the defendant
(d) If it is alleged that the wrongdoing was by someone other than the defendant, the identity of that person and the additional facts supporting bringing the claim against the defendant.
What is the limitation period for contribution claims under S1 Civil Liability Contribution Act 1978?
Two years from the date on which the right to recover contribution arose e.g. date of judgment/settlement.
What is the limitation period for latent damage claims?
In negligence claims (other than claims for personal injury), the limitation period is extended to the later of:
(a) 6 years from when the cause of action accrued; or
(b) 3 years from when the person had the requisite:
a. knowledge; and
b. right to bring a claim
What is the limitation period for an action to enforce a judgment?
6 years from the date the judgment became enforceable.
If a Claimant is under a disability at the time the cause of action accrued, when does the limitation period start to run?
It starts to run from when the disability ends and the same limitation periods apply.
A person is under a disability whilst they are a minor (under the age of 18) or lacks mental capacity to conduct the proceedings under the Mental Capacity Act 2005 (s38).
Where a claim is based on fraud, concealment or mistake, when does the limitation period start to run?
Limitation does not start to run until the Claimant discovered the fraud, concealment or mistake (or could with reasonable diligence have discovered it).
If bringing a claim against a partnership, what name should the claim be brought against?
Claims must be brought against the name under which a partnership carried on business at the time the cause of action accrued unless it is in appropriate to do so.
If bringing a claim against a sole trader, what name should the claim be brought against?
For sole traders, commonly both the individual and trading name will be used when describing a party to the claim. For example:
John Flagstone trading as John’s Cafe.
If bringing a claim against a company/LLP, what name should the claim be brought against?
Both companies and LLPs are separate legal entities therefore any claim will be brought against their full registered names.
What is a litigation friend?
Someone who represents children and protected parties in civil proceedings.
What are the requirements in order to act as a litigation friend?
-Can fairly and competently conduct proceedings on behalf of the child/protected party
-Have no adverse interest to that of the child/protected party
-Where the child/protected party is a claimant, undertakes to pay any costs which the child or protected party may be ordered to pay in relation to the proceedings.
