Resolving A Dispute Through A Civil Claim

Question 1

Jurisdiction for contracts in the EU

Answer 1

Country where the seller/ supplier has their habitual residence
For prop disputes, where prop is situated

Question 2

Jurisdiction for torts in the EU

Answer 2

Country in which the damage has occurred / is likely to occur

Question 3

Commencement of proceedings

Answer 3

Generally commenced in local courts to where D is domiciled however for:
- contracts - this can be where the contract was due to be performed; and
- torts - damages resulting from the tort we’re incurred

C can choose which

Question 4

Limitation

Answer 4

If issued outside then gives D complete defence
Contract - six years from the date of the breach of contract
Tort (exc PI and latent damage cases) - six years from the date the damage occurs
Tort PI - three years from the date the cause of action occurs or date of knowledge of the person injured whichever is later
Tort (latent damage) - six years from the date when damage occurred or three years from the date of knowledge (whichever is later) but must be brought within 15 years after the negligent act or omission

Question 5

What happens if the client instructs you on the day or close to the time limitation is due to expire?

Answer 5

CPR allows a party to issue protectively, meaning a claim would be lodged with court but not served on D, up to a maximum of 4 months after procedures are issued. C can then explore ADR before formal court process.