SGS 2 Flashcards
What should you check with regard to pre-action considerations for a professional negligence claim?
Professional negligence pre-action protocol.
What should you check with regard to non professional negligence pre action conduct?
PDPAP
What are the consequences of non-compliance with pre-action protocols?
PDPAC 13
PDPAC 16
Costs 44.2(5)(a)
When must the claim form and PoCs be served on the defendant?
4 months after date of issue of claim form (CPR 7.5 and 7.4)
What should you begin a particular of claim with?
At all material times the Claimant was X and the defendant was X.
What sentence starts off the loss paragraph of a PoC?
As a result of the breaches in paragraph X above, the claimant has suffered loss and damage.
What is the interest sentence for PoC?
The claimant claims interest on such damages as are awarded to it pursuant to section 35 A SCA 1981 at such a rate and for such a period as the court thinks fit.
What is required in a PoC after the interest paragraph?
PRAYER
And the claimant claims
- Damages as set out in para X
- Interest as set out in para X.
What should you do if you are referring to a term of a contract?
A copy of the contract is attached to these particulars of claim.
How can you add in a standard of care?
It was an implied term of the contract that the defendant would, at all material times, exercise the care and skill to be expected of a reasonably competent solicitor specialising in X.
How to you bring in an additional common law duty?
Further or in the alternative, the claimant owed the defendant the same duty under common law.
QBD vs Chancery?
QBD = contract and tort
Chancery = land and trusts
What do you take to court to start a claim?
Fee + claim form (copy each for: file at court, you, each defendant).
‘Sealing the claim form’?
Issues proceedings and stops limitation period running.
Which subheading is required and which is stylistic for a particulars of claim?
PARTICULARS OF LOSS AND DAMAGE (R)
PARTICULARS OF BREACH (S).
