MCQS Flashcards
Will mediation take place in private?
Yes, it will ensure that other people do not become aware of the dispute.
How long do you have to make an appeal against a county court decision and who will it be heard by?
21 days.
The latter was decided by a district judge, so the appeal will be heard by the next level of judge (circuit judge)
Who can apply for an attachment order?
Only employed people.
Self-employed people cannot apply.
Can you include a counterclaim in your statement of case, and do you need permission for this?
Yes you can include it, it will form 1 document with the defence first, followed by the counter claim.
Permission from the court is not required unless the defence has already been filed.
What just the defence state for each allegation in his statement of case?
(A) denied - don’t agree with the allegation.
(B) not admitted - lack of knowledge on the case.
(C) admitted - agree with the allegation.
When will a statement made outside of court be considered admissible and not hearsay?
If the claimant repeated it in court to prove that it was said (not that it is true).
What will a claimant need to offer a witness, if they are being summoned?
Travel expenses and the amount specified in the relevant practice direction as compensation for loss of time.
What does it mean if there is an arbitration clause in the contract?
The parties will have to have the dispute arbitrated with any decision binding upon them.
When can a claim be sent to multi track, even if it’s below £100,000
Cases that involve complexity e.g. the need for experts and witnesses
What will the court disregard when determining a value of a claim (unspecified) to allocate it to a track?
Court will disregard possible awards of interests, contributory negligence or counterclaims.
If a claimant wants to discontinue their claim, do they need to obtain courts permission?
If an interim payment has been made then yes.
If court gives permission they are likely to have to repay the interim payment plus interest and the defendants costs of defending proceedings.
How should a claimants witness statement best be drafted if they don’t speak English?
Draft the statement using a professional translator in their language and then have it professionally translated into English and serve both documents.
When will you be able to challenge a without notice interim freezing injunction?
You can apply for it to be varied or set aside if the court has not set up a hearing date yet.
What is a detailed assessment and what is the time limit for commencing one?
Where the court has ordered the claimant to pay the defendants costs of the action to be assessed by way of detailed assessment.
Defendant must serve on the claimant a notice of commencement with their bill of costs and evidence in support within 3 months of the date of the judgment or order.
What can the claimant do if they filed their cost budget later than 21 days before the first CMC in a claim worth more than £50,000?
Make an application for relief from sanction by way of application notice and witness statement explaining the reasons for the delay and why it should be allowed to rely on its full costs budget rather than be limited to court fees only.
