Other DR Terms

Question 1

Part 20 claims

Answer 1

Counterclaim - arising from the same set of circumstances (against claimant)
- brought within same proceedings
- monetary claim in its own right

Third-Party Claim - against a new, third party (e.g., barrister); Particulars of Claims to be included with service

Indemnity or contribution - another party should be liable to pay the defendant (e.g., another car in a traffic accident)

Counterclaim Against Another Third Party - only with court order

No court permission to file the part 20 claims if the defendant files the claim with their defense

Question 2

Request for further information from another party (and objections)

Answer 2

Application to court if no response within reasonable time

Grounds for objecting
- Request is unnecessary, irrelevant or improper
- The responding parties unable to provide information
- Insufficient time to reply
- Expenses of complying with the request disproportionate
- privilege

Question 3

Amendment of statement of case

Answer 3

Amendments only possible, if written consent obtained from all parties or the permission of the court

Amendment to add a new party is allowed if it can be shown that adding the party will allow the courts resolve all the matters and dispute or resolve a connected matter

The court can order a person to cease to be a party if it is not desirable for them to be a party in the proceedings

Add a new party in place of an existing party if the existing party interest or liability has passed a new party and it allows them to resolve the matters and dispute

Question 4

Sanctions and release for noncompliance with directions

Answer 4

• striking out the claim
• Unless order
• Imposition of costs or increased interests
• paying money into court
• debar the party from relying on evidence
• apply from relief from sanctions

Question 5

Notice to rely on hearsay evidence

Answer 5

• if the witness will be attending the trial service of the witness statement itself constitutes notice
• If the witness will not be attending the trial, the party must serve a formal document giving notice
• party served with hearsay notice may seek attack the witnesses credibility at trial by serving notice of an intent to do so within 14 days of receiving the notice

Question 6

Possible grounds for appeal

Answer 6

• The decision is wrong in fact, law or the exercise of the courts discretion
• The decision is unjust because of serious procedural or other irregularity in the proceedings

Question 7

Directions questionnaire

Answer 7

Questionnaire the court will send out with the notice of allocation in a fast track or multi truck case asking for estimates of trial length, whether the parties complied with the pre-protocol, whether experts will be required and the like

The parties must return the directions questionnaire within 28 days

Question 8

Small claims directions

Answer 8

• Documents to be exchanged at least 14 days before the hearing
• The hearing date
• no experts unless court permits

Question 9

Fast track directions

Answer 9

• Disclosure within four weeks
• witness statements within 10 weeks
• Expert reports within 14 weeks
• pre-trial checklist sent out at 20 weeks and returned at 22 weeks
• trial at 30 weeks

Question 10

Multitrack directions

Answer 10

Usually given at case management conference

• Disclosure reports at least 14 days before the conference
• cost budgets at least 7 days before the conference
• A case summary setting out the main issues in the case
• Encouragement for the parties to consider ADR
• Disclosure requirements
• the number of witnesses and exchange of witness statements
• Cost budgeting provisions

Question 11

Pre-trial review hearing

Answer 11

Available in multitrack cases 10 weeks before trial is anticipated

The judge will set
- The timetable for the trial
- Number of experts who may give evidence
- Number of witnesses who may give evidence

The parties are required to
- prepare a case summary (500 words) together with a list of issues

Question 12

Trial format

Answer 12

• opening submission for the claimant by the claimants advocate
• opening submission for the defendant by the defendants advocate
• Consideration of any preliminary issues
• The claimants witness will give their evidence
• The defendants advocate may cross examine and the claimant’s advocate may re-examine
• The claimant expert will give their evidence
• The defendants witness will give the evidence
• The claimants advocate may cross examine, the defendants advocate may re-examine
• The defendants will give evidence
• The claimants advocate will make closing submissions on behalf of the claimant
• The defendants advocate will make closing submissions

Question 13

Trial bundles

Answer 13

Information about the parties, the case summary, schedule of issues, witness statements, expert reports, and like

Must be filed between three and seven days before trial

Question 14

Handing down the judgment

Answer 14

The judge may give judgment immediately or serve judgment for a later date

After the judgment is handed down the parties may make submissions in relation to interest, cost, time to pay, stay of execution or for permission to appeal

Question 15

Cost budget - when to file?

Answer 15

In multi-track cases, the parties file cost budget with the directions questionnaire if the claimant seeks less than 50,000 pounds

If more than 50,000 pounds is so the cost budget must be filed at least 21 days before the case management conference

Question 16

Cost management order

Answer 16

A judge may make a cost management order at the case management conference
- costs cannot unreasonably exceed the CMO
- if it looks like they will, a new CMO sought
If a party fails to file cost, budget to party will not be able to recover costs if they prevail

Question 17

Statement of costs

Answer 17

In lower value cases and interim applications, a statement of costs must be filed by the parties 24 hours before hearing or two days before trial and the judge will make a summary assessment of the cost payable at the conclusion of the hearing

In larder value claims the court is likely to order a detailed assessment

Question 18

Detailed assessment of costs

Answer 18

• The winning party prepares a detailed bill of costs within three months of the judgment or order
• if the bill is over 20% more than the figures in the cost budget, the claimant must file a statement with reasons
• The party has 21 days to file points of dispute
• alternatively, the judge may enter provisional assessment based on the bill indicating the amount the court is willing to approve (and the payer can dispute in 21 days)
• The final cost certificate will be issued once the parties agree or following assessment
• Costs must be paid within 14 days of the cost certificate by the court

Question 19

Acceptance of part 36 offer after expiry of the relevant period

Answer 19

• if a defendant accepts the claims part of 36 offer after expiry of the relevant period the court will decide the liability for costs if the parties cannot agree
• If a claimant accepts the defendants part 36 offer after expiry of the relevant period the defendants liability to pay the claimants cost for only up to the end of the relevant period

Question 20

Consequences of rejecting a part 36 offer (rejection by the claimant)

Answer 20

• if claimant secures an award greater than the amount in the defendants offer, the offer has no effect
• if climate secures an award less than the amount in the defendants offer,
  A) the defendant will usually be ordered to pay the claimants costs on the standard basis up to the expiry of the relevant period
  B) and the claimant will likely be ordered to pay the defendants costs on the standard basis incorrect after relevant.
  C) The defendant may also be awarded interests on the costs.

Question 21

Rejection of part 36 offer (by the defendant)

Answer 21

• if the claimant secures an award greater than the amount of their offer
  A) the defendant will likely be ordered to pay the interest on the entirety of the claim, at an enhanced rate for the period after the time for acceptance expired
  B) cost for this period would likely be assessed on the indemnity basis
  C) additional damages of up to 10% for the first 500,000 and damages may also be available (and 5% for the above)
• If the claimant secures an award for less than the amount of their offer, they offer has no effect

Question 22

Enforcement of money judgments

Answer 22

1. Interest in High Court at the rate of 8% per annum from the date of the judgment until the award is paid. Interest is payable on a County Court judgment only if the judgment is over £5000. Consider moving to HC if judgment over £600.
2. A judgment creditor may apply for an order requiring judgment debtor to attend an oral examination in court to provide information about their means and assets. Personal service no less than 14 days before the hearing.
3. Judgment creditor must file an affidavit, not less than 2 days before the hearing providing details of service and stating how much remains paid.
4. The creditor will question the debtor under oath.
5. A writ of control, High Court, or warrant of control, County Court, is issued by the court to an enforcement agent and allows them to take control of a judgment debtors property in order to sell it satisfy the judgment.
   - 7 days notice of the intention to take control of goods
   - Control agent can enter the stated address and must provide an inventory of any good seized
   - The goods must be seized within 12 months of the notice
   - the agent must sell the goods within seven days of the seizure with the proceeds used to discharge the debt plus enforcement costs
   - The creditors agent cannot see equipment for use in the debtor’s trade or household items necessary for basic domestic needs
6. Methods to obtains sums owed
   - Third-party debt order
   - Interest in land? A charging order and order for sale.
   - attachment of earnings order