Mock Paper 1 Flashcards
When a claimant is applying for an interim injunction, what must the claimant serve/file/inform the court/defendant of?
ALL APPLICATIONS COVERED IN PART 23 - EVEN INTERIM INJUNCTIONS
a copy of the application notice -
a) must be served as soon as practicable after it is filed; and
b) except where another time limit is specified in these rules or a PD, must be served at least 3 days before the court is to deal with the application.
where a copy of an application notice is served it must be accompanied by -
a) a copy of any written evidence in support; and
b) a copy of any draft order which the applicant has attached to his application
How will the court approach a standard assessment of costs?
Allow costs that are proportionately and reasonably incurred or proportionate and reasonable in amount
In deciding on the order for costs, what will the court consider?
The Court will have regard to all the circumstances including
a) the conduct of all the parties
b) whether a party has succeeded on part of its case, even if that party has not been wholly successful
c) any payment into court or admissible offer to settle
Within what time period must a claim form be served to seek a declaration that an arbitration agreement is valid?
1 month from the date the claim was issued.
Unless the court orders otherwise an arbitration claim form must be served on the defendant within 1 month from the date of issue.
When does interest start to run on a judgment?
Interest runs from the date that judgment is given
What should be done if a party cannot attend a Case Management Hearing on the date set?
That party should apply to the court to vary the date for the CMC.
Parties cannot vary the date of the CMC by written agreement.
A claim form was issued on Friday 27th September 2019. The claimant informed the court that he would serve the claim form. C put the claim form in the post box on Friday 24th January 2020. It was delivered to D on Saturday 25th January. What is the deemed date of service of the claim form and has C complied with the deadline for service of the claim form?
A claim form is deemed to be served on the second business day after the completion of the relevant step.
The relevant step here was the posting of the claim form on Friday 24 January. THis was completed before midnight on the calendar day fourth months after the date of issue of the claim form and therefore C has complied with the deadline.
C and D try to resolve a dispute via Early Neutral Determination with ED Ltd. The contract with the ED Ltd was silent on whether the determination would be final and binding. What approach would the court take if there was a subsequent challenge to the expert determination?
The court may imply a term in the contract with ED Ltd that the expert determination is to be final and binding on the parties.
If there is no express term that the expert determination is to be final and binding, the court may imply such a term.
