Preliminaries Flashcards
What is the overriding objective of the court?
To enable the court to deal with cases justly and at proportionate cost
Parties are required to help the court achieve this objective.
What are parties required to do in court proceedings?
Participate fully in proceedings
Courts should identify vulnerabilities and provide necessary directions.
How can cases be conducted in Welsh?
This can occur on an ad hoc basis with consent from all parties and witnesses.
What costs are included in legal proceedings?
- Solicitor’s Fees
- Disbursements
- Court Fees
- Counsel’s Fees
- Expert’s Fees
- Other Costs
Parties risk being ordered to pay another’s costs.
What is the general limitation period for tort and contract claims?
Six years after the cause of action accrued
What is the limitation period for personal injury claims?
Must be brought within 3 years of the latest of:
* The date when the cause of action accrued
* The date of knowledge of the person injured
The date of knowledge includes significant injury awareness and defendant identity.
What is the date of knowledge for limitation period?
The date of knowedge refers to knowing:
o The injury was significant
o That it was attributable to alleged wrongdoing
o The identity of the defendant
o Identity of alleged wrongdoing of any third party
o Claimant may or may not realise they have a claim in negligence
What is the limitation period for fatal accident claims?
Must be brought within 3 years of the latest of:
* The date of death
* The date of knowledge of the dependent
The date of knowledge refers to awareness of relevant circumstances.
What factors are considered for extensions of limitation periods?
- Conduct of parties
- Reason for delay
- Effect of late claim on evidence
what is the limitation period for contributions from 3Ps?
Contribution must be sought within 2 years of the date on which the right to recover the contribution arose
What is the limitation period for negligence claims (other than personal injury)?
The later of:
* Six years from when the cause of action accrued
* Three years from when the claimant had requisite knowledge
Long-stop limitation date is 15 years from the latest negligent act.
What is the limitation for enforcing a judgment?
Cannot be brought after six years from when the judgment became enforceable
This is crucial for maintaining legal rights.
When does the limitation period run for a claimant who is a minor or lacks capacity?
Runs from when disability ends but the limitation period itself is the same:
* 2 years for contribution
* 3 years for personal injury or fatal accident claims
* 6 years for most other cases
This accounts for individuals unable to represent themselves.
When does the limitation period run for a claim based on fraud, concealement or mistake?
Limitation period does not start to run until the claimant discovered the fraud concealment or mistake
What must a claim form include regarding parties?
The full name of each party
Mr Stephen James Smith
This includes specific naming conventions for partnerships, sole traders, LLPs, and companies.
How must claims against partnerships be brought?
Against the name under which the partnership carried on business at the time the cause of action accrued
FLagstones (a firm)
and/or
- John Flagstone
- Nisha Katon
Abbreviated names of partners may be used if the partners are being sued
How must claims against sole traders be brought?
individual and trading name
John Flagstone (trading as John’s cafe)
How must claims against LLPs be brought?
claim would be brought against the full registered name of the LLP
Flagstones LLP
What is required for claims against companies?
Claim must be brought against the full registered name of the company
Flagstones Limited
A company may be represented at trial by an employee with court permission and the company’s authority
How must claims against trusts be brought?
Claim brought against Trustees, Executors and Administrators
Trustees of the x trust
OR Jim Bo in his capacity as trustee of x trust
How are claims against deceased persons brought?
- Against their PR
- or if there is no PR – the court can order the claim to proceed in their absence or for a person to be represented
1. Janes Wilson (as administrator of John Wilson)
- The personal representatives of John Wilson deceased
Who represents children and protected parties in court?
A litigation friend
Who can act as a litigation friend?
Any one, provided they can:
- Conduct proceedings fairly and competently
- Have no adverse interest
How is a litigation friend appointed?
- The court can appoint
- or they can be appointed without court order by filing and serving a certificate of suitability
