Wrong In Mocks Flashcards
What are the consequences of putting forward a part 36 offer late ie less than 21 days before trial
Relevant period is until end of trial
Must ask for courts permission to accept if trial has started
No automatic cost consequences
Can you recover costs of other issues than that of the part 36 offer which relate to other things
No
Will the court consider the merits of an interim application
Yes
Must a part 18 request for further information give a date
Yes and must be reasonable
Can you apply for disclosure from a non party
Yes but only if docs support applicants case or are adverse to other parties cases and
Reduce costs
Must you include the sum of money of likely judgment for interim payment application
Yes
Should the parties agree a bundle for mediation and When by
Yes they should submit agreed bundle Atleast 7 days before
Is there a confidentiality clause for mediation and if so can it be waived
Yes there is one, it can only be waived by all parties but the court may permit evidence of confidential communication if in interests of justice
If you get a different expert do you have to tell D and what if old expert re disclosure
Don’t have to tell D but will likely have to disclose a doc done by old expert as prevents shopping
The overriding objective requires cases to be dealt with justly and at a proportionate cost
Proportionate to what
- amount of money involved
- complexity
- importance
- financial positions of each party
Do you need to file exhibits when applying for specific disclosure
No, only if court directs
What court do you go to for enforcement… give values
Below 600= county court
600-5000= either
5000+ = high court
What may the court do if proceedings are in process and one of the parties dies
May carry on in absence of personal representative or
A person to be appointed to represent estate
What happens questions put to expert are not answered
May make one of or both of the following orders
A) the party may not rely on the evidence of that expert or
B) party may not be able to recover fees and expenses of expert from other parties
When should a respondents notice be filed and in what time frame
Only need to file if want court to uphold on different grounds to what appelllant is using and
Should file within 14 days of receiving notification that permission to appeal was accepted
Is the information given by part 18 request limited in who can access it
Yes can only be used for purpose of proceedings in which it is given
What must the respondent to part 18 request do
File response and serve on all parties
If preliminary part 18 request is ignored , does applicant need to serve notice
No aslong as Atleast 14 days have passed since request
If a doc is required to be filed and served for part 23 when should it be done so
By 4pm Atleast 2 days before hearing
How long of a hearing can be done remotely
2 hours or less
If making application to cross examine witness for hearsay evidence when must application be made
Within 14 days of notice to admit hearsay evidence
When must give notice to use Hearsay plans and photos etc
Atleast 21 days before trial
Who can apply to have judgment set aside
Party and non parties adversely affected
What if errors in judgment
Can apply at any time to have corrected
When should statements of costs be filed and served
Fast track = not less than 2 days before
Other hearings = not less than 24 hours before
A judgment creditor can Apply for debtor to attend court to give info on
- means and
- other matters required to enforce judgment
What will order in relation to info from judgment debtor contain
Penal notice saying may be fined , imprisonment or lose assets
How much notice does judgment debtor get to attend court
14 days
When will there be access to online money claim
Less than 100 k and
Not more than 2 defendants
When can a petition for bankruptcy be done
If individual owes 750 plus
Is there order for disclosure and or witness statements in fast track
No parties are required to exchange everything 14 days before hearing
What is the budget format
Must be in form of precedent H
If parties costs are below 25 grand or
Value on claim form is below 50,000 then
Must Only use page 1
When does order for disclosure usually occur
After defence and before witness statements filed
Who pays costs of non party disclosure
Applicant
Should you file a reply with direction questionnaire
Yes
Does filing defence trigger proposed notice of allocation
Yes
When do you file budget
If value less than 50,000 then with direction questionnaire
Any other case Atleast 21 days before
How long to enforce judgment
6 years
Consequence of not filing acknowledgment of service in part 8 proceedings
D may attend hearing of claim but may not take part unless court gives permission
What should acknowledgment of service state
Whether D contests claim
Whether d contends there is a substantial dispute of fact or
Not permitted by PD
