Pre-action conduct and Adjudicative ADR Flashcards
Clamant proposes 3 experts. What can D do about this?
D can accept, ignore (same as acceptance) or refuse them all in which they’ll appoint their own expert.
Rule – if they haven’t rejected it and you get the report from the expert, they cant go off and get their own report cus there’s already a report which you didn’t disagree with, so you’re just creating additional costs.
Part 8 - no factual dispute
Hit wall with red hammer, I hit wall with blue hammer, no dispute that it was a hammer
No dispute as to fact, we agree on facts, just need someone to say who’s in the wrong.
Not complied with ADR- will court reduce your award?
Court wont reduce award but could add additional costs or reduce/remove interest
Early disclosure is fine as long as its not a fishing expedition eg ‘ooo do I have a case?’
Time limits for arbitration?
1 month e.g. 22nd Nov – 22nd Dec not 21st dec
Time limit for arbitration claim form?
1 month
Time limit for normal claim form?
4 months
Are expert reports privileged?
Expert reports – privilege – in contemplation of proceedings – must waive privilege to use them.
Mediation is voluntary and confidential. The mediator will agree with everyone involved what information can be shared outside the mediation and how. If you do not reach an agreement, anything that’s been said during the mediation must be kept confidential and cannot be used in future procedures.
Unless expressly authorised by the disclosing party, the mediator should not communicate to another party information disclosed in confidence to the mediator.
True or false?
True.
The main exceptions are: The dispute in court is a dispute to enforce an agreement. This means that, if the parties reach an agreement at mediation, then evidence of that agreement can be used in court to enforce the agreement. The evidence is being used to determine which party is liable for legal costs.
