Pre-action conduct Flashcards
What is the aim of the Pre-Action Protocols?
To force the parties to ‘show their hands’ and resolve the dispute without court involvement.
If a defendant intends to admit liability, it should do so. If a defendant intends to dispute liability, it should do so clearly with reasons.
What are the consequences of non-compliance with Pre-Action Protocols?
Court could decide to
- increase/decrease the amount of costs/interest to be paid/received
- may stay proceedings until relevant steps are taken.
BUT non-compliance is justified if a limitation period is about to expire or for urgent proceedings - will usually to have to apply for stay to comply with PAP
What is the protocol for Personal Injury Claims?
Applies to PI claims likely to be allocated to the fast-track (value up to £25,000) and involves several steps including a Letter of Notification, Letter of Claim, and investigation by the defendant and letter of response.
The defendant must acknowledge the Letter of Claim within 21 days and respond within 3 months.
What are the standard pre-action protocols?
- C sends letter of Claim
- D sends letter of response within reasonable period
- parties disclose key docs, engage in approrpiate negotiations and make proposals for settlement
If there is conflict between the standard practice direction and a specific PD, which takes priority?
The specific protocols
Which court should non-PI claims under £100,000 be issued in?
County Court.
Which court should PI claims under £50,000 be issued in?
When deciding the court, what counts towards the value?
NOT:
- costs
- interests
-counterclaims
- cont neg
What must a claim form state if a non-PI claim is over £100,000 and where will it be heard?
Either County or High court
The claim form must state that the defendant expects to recover over £100,000.
What may happen if the C issues in the wrong court?
The court can transfer the case:
- the C may have to pay the costs of tranfser
- costs awarded may be deducted by up to 25%
What is the role of the King’s Bench Division?
Handles complex contract/tort cases and includes several specialized courts such as the Administrative Court and Commercial Court.
What issues does the Chancery division deal with?
complex business/property disputes, insolvency, companies court, IP and enterprise, patents
What is required to issue a claim?
One claim form per defendant, one for the claimant, and one for the court, along with the court issue fee.
What happens when the claim is issued?
Issuing stops time running for limitation purposes
How does the court issue a claim in the high court?
The court stamps the letter, adds date of issue and gives a case number
How does the court issue a claim in the County Court?
County Court Money Claims Centre
- form N1 should be sent and fee paid
County Court hearing centres (if not for money only)
Maoney Claim online
- if the claim is worth £100,000 or less and there are is a max of 2 Ds
Who serves the claim form?
Can be done by court, claimant, or claimant’s solicitor.
If not court, certificate of service must be filed at court within 21 days of service.
What is the deemed date of service for a Claim Form?
Deemed served on the second business day after the completion of the ‘relevant step’.
What must the Statement of Case include?
Factual basis of the claim, relief sought, must follow prescribed format, and include a statement of truth.
What is the purpose of the Claim Form?
To commence proceedings and is usually on Form N1, containing names, addresses, nature of claim, and remedy sought.
What must Particulars of Claim include?
Material facts and allegations entitling the claimant to remedy, details of damages, and any agreements on which the claim is based.
What is the Prayer in the context of a claim?
A quick means to ascertain what the claimant actually wants.
Fill in the blank: A claim for aggravated damages is designed to compensate for __________.
[D’s behavior causing C’s anguish/mental distress].
True or False: A claimant has a right to interest based on statute or contract.
True.
