Principles, Procedure and Process

Question 1

What is the overriding objective?

Answer 1

Enables the court to deal with cases justly and at proportionate cost

Question 2

What are the key points of pre-action conduct?

Answer 2

• Litigation is a last resort
• 17 specific PA protocols AND other practice directions
• parties should consider whether negotiation/ADR would work

Question 3

What are the consequences of non-compliance with PA protocols?

Answer 3

• Costs + interest
• Stay the proceedings

The court will consider the overall effect on the other party (sanctions unlikely for a minor breach) and can ask for an explanation of non-compliance

Question 4

When is non-compliance justified?

Answer 4

• Limitation period is about to expire
• Another reason for urgent proceedings / element of surprise

Question 5

What is the pre-action protocol for personal injury?

Answer 5

1. C should write a letter of notification to potential D giving brief details (so D can inform insurer)
2. Parties consider any rehab needs
   needs
3. C should write to D to give full details via letter of claim
4. D acknowledge within 21 days
5. D investigates and sends letter of response within 3 months of acknowledgement
6. If D denies liability/quantum, parties should disclose key docs, engage in negotiation & explore settlement - C should also send schedule of losses
7. joint selections of quantum expert / C discloses report & D sends written questions

Question 6

What are the reasons to explore ADR?

Answer 6

• court expectations / better relationships
• less expensive / saves time
• privacy and confidentiality
• outcomes reflect risk
• parties more involved / parties in control

Question 7

Where can proceedings be started?

Answer 7

Claims can be started in HC or CC

• CofA and SC can only hear appeals

Question 8

What are the factors for deciding whether to start a claim in HC or CC?

Answer 8

1. Does a specific enactment tell you which one?
2. If not, is it a PI worth less than £50k = CC
3. If not, NON-PI worth less than £100k = CC
4. If not, issuing in HC is justified if:
   a) financial value
   b) complexity (facts, legal, remedies)
   c) public importance

Question 9

What are the three divisions in the High Court?

Answer 9

1. Chancery
2. King’s bench
3. Family