Revision

Question 1

What parts of mediation are confidential?

Answer 1

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.

Question 2

If you make a PT18 request to ur opponent and they don’t respond, what can you do?

Answer 2

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.

Question 3

When can you make a civil restraint order?

Answer 3

IF the claims are totally without merit and the applicant keeps trying to apply for application

Question 4

If A and B should both be Claimants but B does not want to be a Claimant, what should A do?

Answer 4

Make B a defendant >:)

Question 5

If enforcement is an issue when considering ADR, what is the appropriate course of action?

Answer 5

Issue proceedings, stay them, consent order

Question 6

What should happen with a party who is required to serve a witness statement for use at trial but is unable to obtain one?

Answer 6

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.

Question 7

Res judicata

Answer 7

A cause of action cannot be re-litigated once it has been heard.

Question 8

When will a claim be struck out for an abuse of process?

Answer 8

Res Judicata

Question 9

What is the time for serving an application notice in telephone hearings?

Answer 9

5 days (not the usual 3 days)

Question 10

What is required to apply for summary judgment?

Answer 10

the defence or ack. of service

Question 11

Will a failure to include a response pack with particulars of claim hinder default judgment?

Answer 11

May amount to ‘some other good reason’ for the judgment to be set aside.

Question 12

What happens if a litigant in person fails to file a costs budget with the directions questionnaire ?

Answer 12

No costs consequences

Question 13

What happens if a party fails to file a costs budget with their directions questionnaire?

Answer 13

Will be treated as filing a budget of only the applicable court fees

Question 14

Can a document which has been accidentally inspected be relied upon?

Answer 14

Yes, if the court grants permission

Question 15

Granting relief from sanctions:

Answer 15

Denton Principles:
1. Seriousness
2. Why the breach occurred?
3. All circumstances

Question 16

Test for second appeals:

Answer 16

Real prospect of success and raises an important point or principle OR some other compelling reason

Question 17

When may Expert determination involve the Courts?

Answer 17

• Dispute as to jurisdiction of expert
• One or both parties wish to challenge the determination
• Court order following non compliance

Question 18

What is the test for adding a new claim to an existing one after the expiry of the limitation period?

Answer 18

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.

Question 19

What should a passive respondent do?

Answer 19

Nothing

Question 20

When does american cyanamid apply?

Answer 20

Prohibitory injunctions

Question 21

What test will the court apply for mandatory injunctions?

Answer 21

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

Question 22

If C serves A’s witness statement but decides not to call them or use it, can D use it?

Answer 22

Yes as hearsay without notice

Question 23

What happens after D fails to file a defence or ack. of service?

Answer 23

6 months to obtain default judgment or clam will be stayed

Question 24

When should an arbitration claim form be served on a defendant?

Answer 24

Within 1 month of its issue (not including day of issue)

Question 25

What is necessary for a witness summons to be binding?

Answer 25

Money offered to witness

Question 26

What indicates a partnership in the name of a case/ name on brief?

Answer 26

(A firm)

Question 27

When does interest run from?

Answer 27

The date judgment is given

Question 28

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’?

Answer 28

Earlier date (date of issue at court)

Question 29

If lack of evidence is a bar to ADR what should u do?

Answer 29

Ask for the evidence

Question 30

When someone dies unrelated to a PI action, what is the limitation period?

Answer 30

3 years from the date of death or personal representatives knowledge of the action, whichever is later.

Question 31

When should costs be paid by for an interim ordeR?

Answer 31

14 days of the hearing

Question 32

What is simple interest?

Answer 32

Court decides interest, must be £200 or more for PI

Question 33

Where can an execution against goods be enforced?

Answer 33

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

Question 34

Can you call a hearsay witness to give oral evidence?

Answer 34

If you are the opposing party, you can seek the leave of the court to produce the witness

Question 35

What factors will reduce the weight to be given to hearsay evidence?

Answer 35

• 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

Question 36

What is contained in a disclosure statement?

Answer 36

• Extent of search
• Certifies understanding of duty to disclose documents

Question 37

Where a party discloses an expert’s report but chooses not to use it, can it be used by another party?

Answer 37

Yes, without permission from anyone. But should let other parties know.

Question 38

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?

Answer 38

File a statement of the reasons why

Question 39

When does detailed assessment take place?

Answer 39

Conclusion of proceedings

Question 40

When is permission required for QOWCS?

Answer 40

If the claim is FD on balance of probs

Question 41

When should you file your costs budget?

Answer 41

When less than 50k, with DQ. In any other case, not later than 21 days before first case management conference.

Question 42

When is precedent H used?

Answer 42

Costs budget

Question 43

What form does the costs budget take if the value is less than 50k or the costs are less than 25k?

Answer 43

Only first page of precedent H