Dispute Resolution and Civil Litigation Flashcards

This set of vocabulary flashcards covers essential legal terminology, procedural tracks, privilege types, and enforcement methods based on the Dispute Resolution lecture manual.

Alternative Dispute Resolution (ADR)

A collective term including mechanisms such as mediation, arbitration, early neutral evaluation, conciliation, and negotiation aimed at resolving disputes more cost-effectively and in less time than court proceedings.

Mediation

A voluntary, typically private and confidential process where a neutral person is appointed to facilitate negotiations between parties on a without prejudice basis.

Arbitration

A formal, private process leading to a legally binding outcome called an arbitration award, determined by one or more arbitrators appointed by the parties.

The 'Seat' of Arbitration

The place agreed by parties as the legal location of the arbitration, which determines the legal jurisdiction having authority over the arbitration procedure.

Litigation

The formal process governed by the Civil Procedure Rules 1998 (CPR) used to resolve civil disputes in the courts of England and Wales.

Early Neutral Evaluation

A form of ADR where an independent expert or judicial evaluator provides a non-binding and confidential assessment of a dispute.

Expert Determination

A process where an independent expert selected by the parties makes a decision that can be legally binding if the parties so elect, typically for complex technical issues.

Overriding Objective

The duty of the court under CPR r 1.1 to deal with cases justly and at proportionate cost, including saving expense and ensuring parties are on an equal footing.

Without Prejudice Privilege

The principle that communications made in a genuine attempt to settle a dispute cannot be used as evidence in court later if negotiations fail.

Limitation Period

A set time limit under the Limitation Act 1980 within which a claim must be issued; for simple contracts, this is typically 6 years from the date of the breach.

Novation

The process where contractual obligations (not just benefits) are transferred between parties by formal agreement or conduct.

Cause of Action

The legal basis for a claim, such as breach of contract, negligence, misrepresentation, or nuisance.

Duty of Care

A necessary element of a negligence claim whereby the claimant must establish the defendant owed them a legal obligation to exercise reasonable care.

Laches

An equitable doctrine that requires claimants to pursue remedies without unreasonable delay, relevant when a claim lacks a statutory limitation period.

Conditional Fee Arrangement

Known as 'no win, no fee' agreements, where legal fees are only payable upon success, often including a non-recoverable percentage success fee.

Rome I

Regulation (EC) No 593/2008, used by English and Welsh courts to determine the law applicable to contractual obligations.

Rome II

Regulation (EC) No 864/2007, used to determine the law applicable to non-contractual obligations, such as tortious claims.

Small Claims Track

The procedural track generally applied to claims with a financial value of less than $£10,000$.

Fast Track

The procedural track for claims valued between $£10,000.01$ and $£25,000$, where trials are expected to last no more than 1 day.

Intermediate Track

A procedural track introduced in October 2023 for claims valued between $£25,000$ and $£100,000$ that are less complex than multi-track cases.

Multi-track

The procedural track for complex or high-value claims, generally those worth over $£100,000$.

Certificate of Service

A document filed with the court by a claimant within 21 days of serving particulars of claim, stating where and when service was effected.

Judgment in Default

A judgment obtained by a claimant without a trial when a defendant fails to file an acknowledgment of service or a defence within the prescribed time limits.

Summary Judgment

An order for early judgment under CPR Pt 24 where the court is satisfied a party has 'no real prospect' of succeeding or defending a claim.

Statement of Truth

A mandatory verification in statements of case, witness statements, and costs budgets confirming the signatory believes the facts stated are true.

Standard Disclosure

The requirement for parties to disclose documents they rely on, documents that adversely affect their own or another's case, or documents that support another's case.

Legal Advice Privilege

A form of legal professional privilege applying to confidential communications between a client and their legal advisors for the dominant purpose of legal advice.

Litigation Privilege

Privilege applying to confidential communications between legal advisors, clients, and third parties created for the dominant purpose of use in reasonably anticipated litigation.

Part 36 Offer

A formal settlement offer made under CPR Pt 36 that carries specific, prescriptive costs consequences if not accepted and not beaten at trial.

Tomlin Order

A form of consent order that stays court proceedings on agreed settlement terms recorded in a confidential schedule.

Norwich Pharmacal Order

A form of non-party disclosure order used to obtain information or documents necessary to identify a wrongdoer or plead a case.

Freezing Order

An interim prohibitory injunction restraining a defendant from disposing of or removing their assets from the jurisdiction.

Security for Costs

An order requiring a claimant to pay money into court or provide a guarantee to cover the defendant's legal costs if the claimant loses at trial.

Writ of Control

A High Court enforcement method enabling an enforcement agent to seize and sell a judgment debtor’s goods to satisfy a debt greater than $£5,000$.

Third-Party Debt Order

An enforcement method where the court orders a third party (such as a bank) who owes money to the judgment debtor to pay it directly to the judgment creditor.