Resolving a dispute through a civil claim

Question 1

Once the limitation period for a claim has expired, there is nothing a party can do to enable the court to hear the claim. True or False?

Answer 1

False, but only in very limited circumstances.

Question 2

How should a defendant respond if a claimant issues proceedings outside of the limitation period?

Answer 2

The defendant has an absolute defence to an action against them

Question 3

Under what circumstances can a claimant with a contractual dispute with a company based in the EU issue proceedings in a court of England and Wales?

Answer 3

Provided the contract was due to be carried out in England and Wales.

Question 4

The Practice Direction on Pre-Action Conduct and Protocols is advisory and can therefore be ignored. True or False?

Answer 4

False

Question 5

What can the court do to punish a party who fails to comply with a pre-action protocol?

Answer 5

Sanctions or Penalties.

Question 6

What does the Practice Direction on Pre-Action Conduct and Protocols entail?

Answer 6

They explain the conduct and set out the steps that the court would expect the parties to take before commencing proceedings.

Question 7

What must a solicitor advise a client when he is first instructed in connection with a dispute, aside from the benefits of ADR?

Answer 7

a. Jurisdiction and governing law
b. limitation
c. whether there is a legal cause of action, and the merits of the claim
d. who the claimant and defendant are

Question 8

Jurisdiction of contract claims in the EU

Answer 8

Country where the seller has their habitual residence

Question 9

Jurisdiction of tort claims in the EU

Answer 9

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

Question 10

Limitation period for a contract claim and when it starts

Answer 10

6 years, starting from the date of breach of contract

Question 11

Limitation period for a tort claim and when it starts (excluding personal injury and latent damage)

Answer 11

6 years from the date the damage occurs

Question 12

Limitation period for a tort claim (personal injury) and when it starts

Answer 12

3 years from the date of the cause of action or the date of knowledge of the person injured, whichever is later

Question 13

Limitation period for a tort claim (latent damage) and when it starts

Answer 13

6 years from the date the damage occurred or 3 years from the date of knowledge (but within 15 years after the negligent act or omission).

Question 14

A client instructs a solicitor on the day that limitation is due to expire, and there is no good reason to apply for an extension. What can a solicitor do?

Answer 14

A solicitor can issue the claim protectively, meaning that a claim would be lodged with the court but not served on the defendant, up to 4 months.

Question 15

How long does a defendant have to respond to a claim?

Answer 15

14 days in a straightforward case and no more than 3 months in a very complex case

Question 16

What are the 13 legal causes of action with pre-action protocols?

Answer 16

1. Personal Injury
2. Clinical Disputes
3. Construction and Engineering
4. Defamation
5. Professional Negligence
6. Judicial Review
7. Diseases and illness
8. Housing Disrepair
9. Possession claims by social landlords
10. Possession claims for mortgage arrears
11. Dilapidation of commercial property
12. Low-value personal injury road traffic accident claims
13. Low-value personal injury employers liability and public liability claims

Question 17

When should you use the Practice Direction on Pre-Action Conduct and Protocols (PDPACP)

Answer 17

If there is no particular pre-action protocol that applies

Question 18

When is it no appropriate to follow pre-action conduct?

Answer 18

1. when an application is “without notice” (where the defendant does not have any warnings_
2. where the limitation period is about to expire

Question 19

What are the consequences for not following the pre-action protocols or the Practice Direction on Pre-Action Conduct and Protocols?

Answer 19

a. an order to pay the other side’s costs
b. for the claimant to deprive the claimant of any interest or awarding a lower interest rate
c. to award the claimant a higher interest rate is the defendant is at fault.

Question 20

Three years ago last week, a man ordered 15 mahogany desks from a company over the internet for use in his office. He paid for the items upfront. When they were delivered, he had no real use for them so stored them immediately. He did not use them until last week, when a scheduled refurbishment of the office was completed. Having been put into use for a week, it became clear that the desks are unfit for purpose and are a hazard to their users as they are creaking and wobbling

Which of the following best summarises the man’s position regarding limitation?

A. The man has another three years to bring a claim. The time limit for a breach of contract claim such as this is six years overall, and the limitation period began from the date on which the cause of action arose.
B. The man has six years from last week to bring a claim. The time limit for a breach of contract claim such as this is six years overall, and the limitation period began from the date on which the goods first appeared defective.
C. The man has another 12 years to bring a claim. The time limit for a breach of contract claim such as this is 15 years overall, and the limitation period began from the date of the breach and three years have passed already.
D. The limitation period has expired. The man had three years to bring the claim and failed to do so in the relevant time.
E. Limitation will not apply as the goods were purchased over the internet. Different rules therefore govern the limitation on making a claim.

Answer 20

A. The man has another three years to bring a claim. The time limit for a breach of contract claim such as this is six years overall, and the limitation period began from the date on which the cause of action arose.

Question 21

A client instructs a solicitor in connection with a personal injury claim. The limitation period is due to expire the day after the client is expected to have a meeting with the solicitor.

Which of the following best represents the steps the solicitor should take?

A. The solicitor should gather evidence from the client and send a letter before action to the defendant in compliance with the pre-action protocol Once the time period for responding has expired, the solicitor can issue proceedings.
B. The solicitor should send a letter before action to the defendant in compliance with the pre-action protocol. If the defendant fails to respond, the solicitor should make further repeated attempts to settle the matter using alternative dispute resolution as per the pre-action protocol.
C. The solicitor should issue proceedings immediately without complying with the pre-action protocol. Failing to issue proceedings within the relevant limitation period would be fatal to the claim
D. The solicitor should send a letter before action to the defendant in compliance with the pre-action protocol. The solicitor should follow this with an application to the court to extend the limitation period so that the client’s claim is preserved while still allowing the parties to engage in appropriate pre-action conduct
E. The solicitor should issue proceedings immediately but also send a letter before action in compliance with the pre-action protocol.

Answer 21

C. The solicitor should issue proceedings immediately without complying with the pre-action protocol. Failing to issue proceedings within the relevant limitation period would be fatal to the claim

Question 22

A client instructs a solicitor in connection with a dispute over the supply of 50 boxes of fruit to their café. When the fruit arrived, much of it was rotten. The client paid upfront for the goods and now would like to recover the sums paid from the supplier. The client is furious and would like to issue proceedings immediately.

Which of the following best describes how the client should proceed?

A. The client should issue proceedings immediately. It is clear that there has been a serious breach of contract and the court should therefore be involved without delay to resolve matters.
B. The client should send a letter before action to the supplier setting out details of their claim and enclosing key documents by way of evidence
C. The client should issue proceedings immediately. Litigants are only required to engage with the Practice Direction on Pre-Action Conduct and Protocols (PDPACP) if to do so would be proportionate to the dispute, and that is not the case here.
D. The client should issue proceedings immediately but inform the supplier in writing that they are doing so, as well as offering to engage in alternative dispute resolution (ADR).
E. The client should send a letter to the supplier informing them that they are very disappointed with the service received. They should then issue proceedings

Answer 22

B. The client should send a letter before action to the supplier setting out details of their claim and enclosing key documents by way of evidence

Question 23

A client company enters into a trade agreement with a Spanish company for the supply of coat hangers. The client company purchased the goods two weeks ago and paid for them upfront. The goods arrived yesterday, however, many of the coat hangers were damaged and cannot be used. The client now wishes to reject the goods, claim back the money paid and claim for compensation.

Which of the following best reflects the legal position of the parties?

A. The client company must issue proceedings in Spain as this is the local court to the Spanish company.
B. The client company must issue proceedings in England as this is where the goods were delivered.
C. The client company must investigate to see if the Spanish company has a registered office in England If so, proceedings can be issued against the Spanish company through the English courts as they have accepted the English courts’ jurisdiction.
D. The company must review the contract first to see if there is any express term indicating what the governing law is and which courts have jurisdiction in the event of a dispute arising.
E. The company must check the contract first; but even if there is an express term indicating that Spanish courts have jurisdiction, that can be overridden because Spain is an EU country.

Answer 23

D. The company must review the contract first to see if there is any express term indicating what the governing law is and which courts have jurisdiction in the event of a dispute arising.

Question 24

A client has recently been in a car accident. The client was unharmed, but their 8-year-old child was seriously injured. The client wishes to make a claim against the driver at fault for the accident.

Which of the following best reflects the legal position?

A. The child is too young to conduct proceedings on their own behalf, so the client should apply to be the child’s litigation friend. This means that they will be able to conduct proceedings for them.
B. The child is too young to conduct proceedings on their own behalf, so they should wait until they are 18 years old to make a claim, this will be within the 15-year time limit after the date of the negligent act, so they will not be statute barred from making a claim.
C. The client should issue proceedings in their own name on the child’s behalf
D. The child is too young to conduct proceedings on their own behalf, but the client would not be a suitable litigation friend as they are too close to the child. The court would therefore be unlikely to accept their application.
E. The child is too young to conduct proceedings on their own behalf and the limitation period is only three years from the date of the accident, so they will have to abandon the claim.

Answer 24

A. The child is too young to conduct proceedings on their own behalf, so the client should apply to be the child’s litigation friend. This means that they will be able to conduct proceedings for them.