Resolving A Dispute Through A Civil Claim

Question 1

When can a court allow an extension of the limitation period?

Answer 1

In exceptional circumstances, the court MAY allow a party an extension of the limitation period (e.g. where the parties are engaged in ADR that has not concluded by the limitation date, or, in limited PI cases where the prejudice to the cl in not being able to bring the claim substantially outweighs the detriment to the df).

Question 2

What would happen if a cl instructed a sol on the limitation date?

Answer 2

If a sol is instructed by a cl on the limitation date where there is no good reason to apply for an extension of the limitation period, the CPR allows a party to issue protectively. A claim would be lodged with the court but not served in the df for up to 4 months after proceedings are issued.

Question 3

What is a legal cause of action?

Answer 3

The legal basis on which a cl issues proceedings.

Question 4

What are the objectives of pre-action conduct?

Answer 4

Set out in the Practice Direction on Pre-Action Conduct and Protocols:

A) understand each other’s position
B) decide how to proceed
C) try to settle issues without proceedings
D) consider a form of ADR
E) support the efficient management of proceedings
F) reduce the costs of resolving the dispute

Question 5

What steps should be taken prior to proceedings being issued? (Pre-action protocols and PDPACP)

Answer 5

• Letter of claim/CNF with concise details of the claim. Include the basis on which the claim is made, summary of the facts, what the cl wants from the df, and, if money- how the amount is calculated.
• df should response within a reasonable time - 14 days in straightforward case and no more than three months in a complex one.

Reply should include liability stance; if not accepted, the reasons why with an explanation at to which facts and parts of the claim are disputed; and, whether df is making a counterclaim, and any details of any counterclaim.