What IFs Flashcards
What can D do if D thinks there are no reasonable grounds for bringing the claim?
Apply for
- Strike Out
- Default Judgment
- Summary Judgment
What can D do if D needs more clarification or information about a matter or dispute?
Request further information
What can C do if there are concerns that D will not be able to pay D’s costs when C wins?
Apply for Security of Costs
What can C do if they wish to claim an advance payment of what he believes he will win in damages?
Apply for an Interim Payment
What can C do if they become aware that they need to find the identity of the wrongdoer?
Apply for Norwich Pharmacal Order
What can C do if they want an injunction to either prevent D doing something or requires D to do something?
Apply for
- Prohibitory injunction
- Mandatory injunction
What can C do if they wish to discover whether or not they have a viable case against a potential defendant? How?
Apply for Part 23 Application (Interim Applications)
- Application notice
- Evidence
- Draft Order
What can C do if they wish to bring proceedings but need to first identify the wrongdoer? Which claim?
apply for Norwich Pharmacal Order by bringing Part 8 claim
What happens if in a case of multiple defendants, where C wins against only some of the defendants and loses against others?
Cost orders:
Direct cost order: Sanderson order
An Indemnity: Bullock Order
What is a Direct cost order?
Direct cost order is a cost order given where C wins partially against some Ds but loses against another,
court will order losing Ds to pay both fees of C and the winning defendants as well as their own, as well as C’s winning costs
(Sanderson Order)
What is an Indemnity cost order?
Direct cost order is a cost order given where C wins partially against some Ds but loses against another
Court will order C pays the winning D’s costs and order the losing D’s to pay C’s winning costs, their fees, as well as reimbursed C for the winning D’s fees
(Bullock Order)
Give an example of an Indemnity cost order?
Bullock Order
Give an example of a Direct costs order?
Sanderson Order
The court when exercising discretion as to costs may choose to order costs are paid by how many mechanisms/orders? What are they?
2
Standard and Indemnity
What happens if Judge find that it was not reasonable for C to join in one or more D’s?
C will likely be ordered to pay own costs for bringing claim against them
TRUE OR FALSE: for C to bring claim against one or more D’s, must have reasonable belief?
TRUE
What is a Sanderson order?
court will order losing Ds to pay both fees of C and the winning defendants as well as their own, as well as C’s winning costs
(Sanderson Order)
What is a Bullock order?
Court will order C pays the winning D’s costs and order the losing D’s to pay C’s winning costs, their fees, as well as reimbursed C for the winning D’s fees
(Bullock Order)
When should costs be paid following judgment?
within 14 days of judgment
What is a summary assessment and when is it used?
Where court determines the costs there and then at the end of a hearing or trial
Fast Track claims
Wat is a detailed assessment and when is it used?
Multi- Track claims
What can be done if paying party disputes costs?
Summary assessment of costs
Each party who intends to claim costs must prepare what?
a written statement of those costs
Who must assist the judge in making summary assessment costs?
Parties and legal representatives
When must parties file the statement of costs in Fast Track trials?
not less than 2 days before trial
When must parties file the statement of costs in cases which last 1 day or are short hearings?
not less than 24 hours
What will the court take into account to determine awarding fees and expenses?
Bases on which costs are assessed
What are the basis’ which costs are assessed?
Standard basis
Indemnity basis
TRUE OR FALSE: Courts will not in either case allow costs which have been unreasonably incurred or are an unreasonable amount
TRUE
What basis will be used to assess costs if one is not specified by court?
The basis of assessment is Standard
What is the standard basis for assessing costs?
costs are proportionality and reasonably incurred or a proportionate and reasonable amount
What happens in an Indeminity basis for assessing costs where the costs were unreasonably incurred or unreasonable amount
Full costs will not be allowed
What happens in a standard assessment of basis whereby the costs are unreasonably incurred or of a disproportionate in amount?
Full costs will not be allowed
When will costs not be allowed in an indemnity of assessment of basis?
If court decides that costs were unreasonably incurred or unreasonable amount
When will costs not be allowed in a standard assessment of basis?
costs unreasonably incurred or of a disproportionate in amount
What are the methods of assessing costs?
Summary assessment of costs
Detailed assessment of costs
What is the general rule for detailed assessment of costs?
costs of any proceedings are not to be assessed until the conclusion of proceedings
What can the court do if the amount of costs are not agreed between the parties?
court can order a detailed assessment by costs officer to decide costs payable by one party to another
What is a ‘final order for costs to be assessed if not agreed’ ?
When court can order a detailed assessment by costs officer to decide costs payable by one party to another
Who must commence a detailed assessment? When?
It must be commenced by the receiving party within 3 months
What can an opposing party do if they dispute a costs assessment? When?
Opposing party may serve a ‘points of dispute’ within 21 days of receiving a ‘notice of commencement of assessment’
What can a party do if the opposing party serves a ‘point of dispute’ ? When?
Party can serve a ‘Replies to points of dispute’ , should be served within 21 days of receiving points of dispute
What is the additional basis for assessing costs in Multi-track?
Amount agreed in final costs budget
In Multi-track cases when must parties file and exchange budgets?
- Where value of claim is less than £50k
2. no later then 21 days before first case management conference
What happens if a party fails to file a budget?
Party is taken to have filed one which only deals with the applicable court fees
What happens if a party fails to file a budget within 7 days prior to date of hearing?
Party is taken to have filed one which only deals with the applicable court fees
What is the purpose of cost management following cost budgets? Why?
court should manage both the steps to be taken and costs incurred by parties
Overriding objective
Example of when cost management does not come into play with Multi-track claims?
- Part 8 claims (settlement on behalf of child)
- Part 7 claims
- less than 10million
What is a hearing which is convened for the purpose of cost managed?
Cost management conference
