Revision Flashcards
What parts of mediation are confidential?
All save the resulting agreement and the fact mediation took place. Also does not apply to documents produced for other purposes. Court has power to permit evidence of confidential communication if in the interests of justice.
If you make a PT18 request to ur opponent and they don’t respond, what can you do?
You do not need to serve the application notice on ur opponent and the court may deal with the application without a hearing. AS LONG AS 14 days have passed since the request was served.
When can you make a civil restraint order?
IF the claims are totally without merit and the applicant keeps trying to apply for application
If A and B should both be Claimants but B does not want to be a Claimant, what should A do?
Make B a defendant >:)
If enforcement is an issue when considering ADR, what is the appropriate course of action?
Issue proceedings, stay them, consent order
What should happen with a party who is required to serve a witness statement for use at trial but is unable to obtain one?
Should apply (without notice) for permission to serve a witness summary instead. Witness summaries must be served within the period that WS would have been served.
Res judicata
A cause of action cannot be re-litigated once it has been heard.
When will a claim be struck out for an abuse of process?
Res Judicata
What is the time for serving an application notice in telephone hearings?
5 days (not the usual 3 days)
What is required to apply for summary judgment?
the defence or ack. of service
Will a failure to include a response pack with particulars of claim hinder default judgment?
May amount to ‘some other good reason’ for the judgment to be set aside.
What happens if a litigant in person fails to file a costs budget with the directions questionnaire ?
No costs consequences
What happens if a party fails to file a costs budget with their directions questionnaire?
Will be treated as filing a budget of only the applicable court fees
Can a document which has been accidentally inspected be relied upon?
Yes, if the court grants permission
Granting relief from sanctions:
Denton Principles:
1. Seriousness
2. Why the breach occurred?
3. All circumstances
Test for second appeals:
Real prospect of success and raises an important point or principle OR some other compelling reason
When may Expert determination involve the Courts?
- Dispute as to jurisdiction of expert
- One or both parties wish to challenge the determination
- Court order following non compliance
What is the test for adding a new claim to an existing one after the expiry of the limitation period?
The new claim arises out of substantially the same facts or the same facts as the claim for which a remedy has already been claimed.
What should a passive respondent do?
Nothing
When does american cyanamid apply?
Prohibitory injunctions
What test will the court apply for mandatory injunctions?
Films Rover international v Cannon Film Sales
- Whether the injunction will cause irremediable prejudice if it turns out it should / should not have been granted
- Whether there is any assurance that the applicant will be able to establish their right to an injunction at any future trial
If C serves A’s witness statement but decides not to call them or use it, can D use it?
Yes as hearsay without notice
What happens after D fails to file a defence or ack. of service?
6 months to obtain default judgment or clam will be stayed
When should an arbitration claim form be served on a defendant?
Within 1 month of its issue (not including day of issue)
What is necessary for a witness summons to be binding?
Money offered to witness
What indicates a partnership in the name of a case/ name on brief?
(A firm)
When does interest run from?
The date judgment is given
When the claim was issued at court at a different date to when the court attempts to issue it to the defendant, when is it ‘brought’?
Earlier date (date of issue at court)
If lack of evidence is a bar to ADR what should u do?
Ask for the evidence
When someone dies unrelated to a PI action, what is the limitation period?
3 years from the date of death or personal representatives knowledge of the action, whichever is later.
When should costs be paid by for an interim ordeR?
14 days of the hearing
What is simple interest?
Court decides interest, must be £200 or more for PI
Where can an execution against goods be enforced?
ONLY In High Court where the sum is £5,000 or more
ONLY in County Court where the sum is less than £600
Can be sought in either in the inbetween zone
Can you call a hearsay witness to give oral evidence?
If you are the opposing party, you can seek the leave of the court to produce the witness
What factors will reduce the weight to be given to hearsay evidence?
- Reasonable to produce oral witness
- Multiple hearsay
- Motive to conceal
- Hearsay statement is edited account
- Circumstances suggest an attempt to prevent proper evaluation of the weight of the evidence
What is contained in a disclosure statement?
- Extent of search
- Certifies understanding of duty to disclose documents
Where a party discloses an expert’s report but chooses not to use it, can it be used by another party?
Yes, without permission from anyone. But should let other parties know.
What must a receiving party do when there is a discrepancy of 20% or more between costs claimed by a receiving party in the costs budget and the costs assessed on detailed assessment?
File a statement of the reasons why
When does detailed assessment take place?
Conclusion of proceedings
When is permission required for QOWCS?
If the claim is FD on balance of probs
When should you file your costs budget?
When less than 50k, with DQ. In any other case, not later than 21 days before first case management conference.
When is precedent H used?
Costs budget
What form does the costs budget take if the value is less than 50k or the costs are less than 25k?
Only first page of precedent H
