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Question 1

How can civil disputes be resolved other than through court proceedings?

Answer 1

Parties involved in a civil dispute can seek to resolve it through negotiation or alternative dispute resolution methods. Alternative dispute resolution includes methods such as mediation, which aim to reach a resolution without going to court.

Question 2

What are the key stages of a civil claim?

Answer 2

The key stages of a civil claim are the pre-action stage, statements of case stage, case management stage, evidence stage, trial stage, and post-trial stage. These stages involve various steps such as pre-action considerations, filing the claim form and particulars of claim, case allocation, evidence exchange, trial preparation, and enforcement or appeal after the trial.

Question 3

What are the main roles of a judge in a civil claim trial?

Answer 3

In a civil claim trial, the judge has two main roles. Firstly, the judge decides any disputed issues of fact that the parties did not agree on. Secondly, the judge determines whether the collection of facts and findings entitles the claimant to the relief sought. The judge relies on documents, witness statements, and expert reports to make these determinations.

Question 4

Why is evidence exchange an important stage in a civil claim?

Answer 4

The stage of exchanging evidence in a civil claim is crucial because it allows each party to present their case and support their claims. This stage involves exchanging documents, witness statements, and expert reports. It ensures that both parties have access to the same information and promotes a fair resolution of the dispute.

Question 5

What are some concerns that run throughout the life cycle of a civil claim?

Answer 5

Some concerns that run throughout the life cycle of a civil claim include the need for court intervention for urgent matters, the exploration of alternative dispute resolution methods, the importance of complying with court orders, and the potential costs and time involved in the litigation process. Parties are encouraged to try and resolve disputes without court proceedings to minimize inconvenience and expenses.

Question 6

What are the two important considerations regarding costs in litigation?

Answer 6

Two important considerations regarding costs in litigation are the burden and standard of proof, and the impact of costs on settlement and alternative dispute resolution.

Question 7

What are disbursements in the context of litigation costs?

Answer 7

Disbursements are fees other than the solicitor’s fees that a party might incur in pursuing litigation.

Question 8

What are some examples of court fees in litigation?

Answer 8

Court fees need to be paid to pursue a claim and are commonly paid on issuing a claim, making an application, and for trial costs.

Question 9

What types of experts may be needed in litigation and why?

Answer 9

Experts may be needed in litigation to provide advice and/or evidence. For example, in a personal injury case, a medical expert may be needed to comment on the claimant’s prospects of recovery, which impacts the level of damages.

Question 10

What factors does the Court consider when determining if one party should pay the other party’s costs?

Answer 10

The Court has a broad discretion to determine if one party should pay the other party’s costs and how much should be paid.

Question 11

How does the court actively manage cases to further the overriding objective?

Answer 11

The court actively manages cases by setting deadlines, directing certain conduct, and imposing sanctions. This ensures that the parties are assisted in giving effect to the overriding objective of dealing with cases justly and at proportionate cost.

Question 12

What are the elements of a cause of action in a civil case?

Answer 12

The elements of a cause of action in a civil case include duty, breach, causation, and loss. These elements need to be proved or disproved to establish the merits of the case.

Question 13

What is the purpose of the rules related to negligence claims?

Answer 13

The purpose of the rules related to negligence claims is to avoid unfair results. These rules extend the limitation period for negligence claims and include a long-stop limitation date of 15 years from the date of the latest negligent act or omission.

Question 14

How is the limitation period determined in negligence claims?

Answer 14

In negligence claims (other than claims for personal injury), the limitation period is extended to the later of: six years from when the cause of action accrued, or three years from when the claimant had the requisite knowledge and right to bring a claim. However, there is a long-stop limitation date of 15 years from the date of the latest negligent act or omission

Question 15

What is the definition of ‘date of knowledge’ in relation to negligence claims?

Answer 15

In negligence claims, ‘date of knowledge’ refers to the point at which the claimant knows the material facts about the damage for which damages are claimed. It is the knowledge of these facts that starts the limitation period.

Question 16

What are the general rules for the limitation period in tort and contract actions?

Answer 16

The general rule is that for an action in tort or contract, the limitation period expires six years after the date on which the cause of action accrued.

Question 17

How does disability affect the limitation period in different types of claims?

Answer 17

If the claimant is under a disability at the time the cause of action accrued, the limitation period starts to run from when the disability ends. The limitation period is two years for contribution claims, three years for personal injury or fatal accident claims, and six years in most other cases.

Question 18

What circumstances delay the start of the limitation period in certain claims?

Answer 18

The limitation period does not start to run until the claimant discovers the fraud, concealment, or mistake if the claim is based on fraud, if any fact relevant to the cause of action has been deliberately concealed by the defendant, or if the action is for relief from the consequences of a mistake.

Question 19

What factors should be considered when deciding who to bring a claim against?

Answer 19

When bringing a claim, it is important to consider who the parties are and how they should be referred to in the claim form. The full name of each party must be included in the claim form, and proper consideration should be given to the correct parties based on whether they are individuals, partnerships, sole traders, LLPs, or companies.

Question 20

How should partnerships be referred to in a claim form?

Answer 20

When bringing a claim against a partnership, the claim form must be brought against the name under which the partnership carried on business at the time the cause of action accrued, unless it is inappropriate to do so. In some cases, it may be more appropriate to identify the partners by their individual names.

Question 21

What are the special provisions for serving documents on children and protected parties?

Answer 21

Special provisions in CPR 6.25 require that any document due to be served on a child or a protected party must be served on the litigation friend representing them. Different service provisions apply when making an application for an order to appoint a litigation friend.

Question 22

What happens if a party lacks capacity to continue conducting proceedings?

Answer 22

If a party lacks capacity to continue conducting proceedings, no further step can be taken without the permission of the court until the protected party has a litigation friend. Any step taken before a child or protected party has a litigation friend has no effect unless the court orders otherwise.

Question 23

What are the consequences of not having a litigation friend in proceedings?

Answer 23

If a child or protected party does not have a litigation friend, any step taken in the proceedings has no effect unless the court orders otherwise. It is important to have a litigation friend appointed to ensure the proper representation of the child or protected party.

Question 24

How should children and protected parties be referred to in the title of proceedings on documents?

Answer 24

Children and protected parties should be referred to in the title of proceedings on documents as specified in 21 PD 1. For example, a child is referred to in the claim form as being represented by their litigation friend, and a protected party is also referred to in the claim form as being represented by their litigation friend.

Question 25

What is the requirement for the approval of the court in a claim brought by or against a child or protected party?

Answer 25

No settlement, compromise, payment, or acceptance of money paid into court is valid for a claim brought by or against a child or protected party without the approval of the court, as stated in CPR 21.10(1).

Question 26

How is the approval of the court sought for settlements reached before proceedings have begun?

Answer 26

When a settlement or compromise is reached before proceedings have been commenced, proceedings should be commenced under CPR 8 (alternative procedure for claims), and the court’s approval of the settlement/compromise should be requested, as stated in CPR 21.10(2).

Question 27

What documents must be filed with the claim when seeking approval of a settlement for a child or protected party?

Answer 27

A claimant child or protected party, through their litigation friend, is obliged to file certain documents with the claim under 21 PD 5.1. These include details of the claim, terms of the settlement with an attached draft consent order, details of whether and to what extent the defendant admits liability, age and occupation of the child or protected party, litigation friend’s approval of the proposed settlement, copy of any financial advice on the proposed settlement, and in personal injury cases, medical and quantum reports and joint statements material to the opinion of counsel or a solicitor as to quantum.

Question 28

What is the process for seeking the court’s approval of a settlement or compromise after proceedings have been issued?

Answer 28

In cases where the approval is sought of a settlement or compromise by or on behalf of a child or protected party after proceedings have been issued, an application must be made to the court for its approval. The court must be supplied with the prescribed opinion as to quantum of counsel or a solicitor, and it must also include documentary evidence material to that opinion, as stated in PD 21 6.4(3).

Question 29

How are monies recovered by or on behalf of a child or protected party controlled?

Answer 29

Where monies are recovered by or on behalf of a child or protected party, or money paid into court is accepted by or on behalf of a child or protected party, the monies must be dealt with in accordance with the court’s directions, as stated in CPR 21.11(1). The court may provide directions for the payment and investment of the money.

Question 30

Who is responsible for protecting the property of protected parties and what powers do they have?

Answer 30

The Court of Protection is responsible for protecting the property of protected parties and is given extensive powers to do so under the Mental Capacity Act 2005.

Question 31

What happens when a protected party ceases to lack capacity under the Mental Capacity Act 2005?

Answer 31

When a protected party ceases to lack capacity under the Mental Capacity Act 2005, an application for payment out of funds being administered by the Court of Protection must be made to the Court of Protection.

Question 32

How does the court handle the investment of money on behalf of a child?

Answer 32

The court may direct that the money is invested for the benefit of the child and will give directions as to the type of investment. The court may also order that certain sums be paid directly to the child or litigation friend for the immediate benefit of the child or for expenses incurred on the child’s behalf.