Civil Dispute Resolution & Civil Litigation – Revision Flashcards

80 flashcards summarising core principles, procedures and ethical rules of civil dispute resolution and litigation for exam revision.

What are the three main formal ADR methods encouraged by the court?

Mediation, Arbitration, and Early Neutral Evaluation (ENE).

Under Halsey v Milton Keynes NHS Trust, name two factors a court considers when deciding if refusal to mediate was unreasonable.

(1) Nature of the dispute. (2) Merits of the case. (Other factors include previous settlement attempts, proportionality of ADR cost, potential delay, and prospects of ADR success).

What is the overriding objective of the Civil Procedure Rules (CPR)?

To enable the court to deal with cases justly and at proportionate cost.

When must a claimant serve Particulars of Claim if not served with the Claim Form?

Within 14 days of serving the Claim Form and in any event within the validity period for service of the Claim Form.

Which CPR track applies to money claims worth £10,000 or less (with limited PI exceptions)?

The Small Claims Track.

What is the limitation period for a simple contract claim under the Limitation Act 1980?

Six years from the date of breach (date of accrual).

State the standard limitation period for personal injury claims.

Three years from the date of injury or date of knowledge, subject to court discretion under s.33 Limitation Act 1980.

What is the maximum extension parties may agree between themselves for filing a Defence?

A further 28 days beyond the original CPR 15.4 deadline (total 56 days from deemed service of Particulars of Claim).

Name four types of additional claim under CPR 20.

(1) Counterclaim against the claimant, (2) Counterclaim against another party, (3) Claim for contribution or indemnity, (4) Part 20 claim against a new third party.

What form is used for a Part 7 Claim Form?

Form N1.

Give two advantages of arbitration over court litigation.

Quicker and usually cheaper than court; proceedings are private and confidential.

What are the mandatory contents of a valid Part 36 offer?

(1) In writing, (2) State it is made pursuant to Part 36, (3) Specify a ‘relevant period’ of at least 21 days, (4) Clarify whether it covers whole or part of the claim, (5) Take into account any counterclaim.

If a claimant beats their own Part 36 offer at trial, list two automatic cost consequences.

They receive indemnity costs from the end of the relevant period and interest on damages up to 10% above base rate (plus possible additional damages and enhanced interest on costs).

What are the two bases of assessment of costs?

Standard basis and Indemnity basis.

Under QOCS, when can a defendant enforce a costs order against a personal injury claimant?

Only up to the level of damages recovered unless the claim is struck out, fundamentally dishonest, or for financial benefit of another.

What is the purpose of a Precedent H?

It is a costs budget setting out incurred and estimated future costs for the court’s approval in multi-track cases.

List two situations in which summary assessment of costs normally occurs.

(1) At the end of a one-day Fast or Intermediate Track trial. (2) Immediately after an interim application hearing that lasts one day or less.

Which form is the Notice of Commencement starting detailed assessment proceedings?

Form N252.

What is the test for granting Summary Judgment under CPR 24?

The respondent has no real prospect of success on claim or defence and there is no other compelling reason for a trial.

When may the court strike out a Statement of Case under CPR 3.4?

If it discloses no reasonable grounds, is an abuse of process, or there is a rule/order breach.

Name three documents that must accompany a personal injury Particulars of Claim when served.

Medical report(s), Schedule of Loss, and Notice of Funding (CFAs/ATE).

What is ‘standard disclosure’ in Fast/Intermediate/Multi-Track PI cases?

Disclosure of documents relied on, adversely affect one’s own or another’s case, support another party’s case, or required by practice direction.

Within how many days must a Part 18 request ordinarily be answered?

Within the time specified in the request or 28 days if unspecified; refusal or inadequate reply may trigger an application.

What is ‘litigation privilege’?

Privilege covering communications between lawyer and client or third parties created for the dominant purpose of pending or contemplated litigation.

How long does a claimant normally have to serve a Claim Form after issue?

Four months (within the jurisdiction) from the date of issue.

Give two mandatory elements a witness statement statement of truth must contain.

Acknowledgement that the facts are true and acknowledgement of possible contempt proceedings for false statements.

What must a party do before applying for specific disclosure?

Write to the opponent identifying the missing documents and allowing time for voluntary production.

Explain the difference between a ‘writ of control’ and a ‘warrant of control’.

Writ of control is issued by the High Court; warrant of control is issued by the County Court for seizing goods.

What is the monetary threshold for provisional assessment of costs?

£75,000 or less exclusive of interest.

Who can sign a Statement of Truth on behalf of a company?

A person holding a senior position, e.g., director, company secretary or other officer.

What is the time limit to file an Appellant’s Notice after a County Court judgment?

21 days from the date of the decision, unless the judge sets a different period.

Which form is used to summon a witness to attend trial?

Form N20 – Witness Summons.

What are the compulsory factors the court considers when deciding a security for costs application?

Whether just in all circumstances and (for example) claimant’s residence, company’s ability to pay, address changes to evade liability, or steps to hinder enforcement.

State two exceptions to the without-prejudice privilege rule.

(1) Statements that prove misrepresentation, fraud or undue influence, (2) Evidence needed to explain delay or estoppel regarding limitation.

What is the effect of failing to serve a Costs Budget when required?

The party is treated as having a budget limited to court fees only, unless the court orders otherwise.

When does a limitation clock start in tort (non-PI)?

On the date damage is suffered.

Which document must be lodged 7 days before a Costs & Case Management Conference if budgets are not agreed?

Precedent R – Budget Discussion Report.

What is Med-Arb?

A dispute resolution process where parties attempt mediation first and, if unsuccessful, proceed to arbitration, potentially with the same neutral.

How long after serving a hearsay notice may an opposing party apply to cross-examine the maker of the statement?

Within 14 days after service of the hearsay notice.

Define ‘fundamentally dishonest’ in the QOCS context.

A claimant has deliberately lied about or exaggerated an essential element of the claim such that honesty is central to liability or quantum.

What is the purpose of a Tomlin Order?

To record settlement terms in a schedule enforceable without fresh proceedings, while staying the claim.

Name three common interim remedies besides injunctions.

(1) Interim payments, (2) Freezing orders, (3) Search orders.

What document starts Money Claim Online proceedings?

A Part 7 Claim Form issued electronically through MCOL when criteria are met.

What is the maximum success fee deductible from a personal injury claimant’s damages under a CFA?

25% (inclusive of VAT) of past losses and general damages (excluding future loss).

Explain the ‘order to obtain information’ process.

Judgment debtor is compelled to attend court to answer questions on oath about assets and income, allowing creditor to decide enforcement method.

Under CPR 18, what must accompany a party’s reply providing additional information?

A Statement of Truth verifying the answers.

What is the deadline for serving a hearsay notice with a non-attending witness statement?

It must be served with the witness statement (the notice can be contained in the covering letter or separate document).

When will the court usually order a single joint expert in Fast Track?

Unless there is good reason not to, the court must direct an SJE where expert evidence is reasonably required.

List two advantages of a single joint expert.

Lower cost, and often narrows issues quickly, avoiding need for expert cross-examination.

What are the six SRA Principles that most directly affect civil litigators?

Uphold the rule of law and proper administration of justice; act with public trust; act with independence; honesty; integrity; act in clients’ best interests (Principles 1,2,3,4,5,7).

What must a solicitor do if they become aware their opponent has mis-stated a procedural rule to the court?

Correct the court in line with SRA Code para 2.7 (duty not to mislead the court).

What CPR Part governs service of proceedings out of the jurisdiction?

CPR Part 6 Sections IV & V, plus Part 23 for permission.

Which protocol applies to business-to-consumer debt claims?

The Debt Pre-Action Protocol (creditor business, debtor individual).

What is the test for an interim mandatory injunction (American Cyanamid adjusted)?

Serious issue, inadequacy of damages, balance of convenience, plus a higher threshold of ‘clear’ or ‘strong’ probability of success because relief is mandatory.

How many clear days’ notice must be given of a sale after goods are removed under a warrant/writ of control?

At least 7 clear days (1 day for perishable goods).

What is a ‘ground rules hearing’ in the context of vulnerable witnesses?

A case management step where the court sets directions on how evidence will be given to safeguard a vulnerable party or witness under PD 1A.

In which court division would you usually issue a complex intellectual property dispute?

Chancery Division, specialist Intellectual Property list.

Name two types of claim that cannot start using Money Claim Online.

Claims over £100,000 or claims by/against protected parties or the Crown.

What is the statutory basis for extending limitation in personal injury cases?

Section 33 of the Limitation Act 1980 (court’s discretion where equitable).

When does a litigation friend’s appointment automatically end?

When the child claimant reaches 18 years old.

What two documents must be filed with a child’s Part 7 Claim Form where damages are agreed pre-issue?

Part 8 Claim Form (infant approval procedure) and litigation friend’s certificate of suitability (Form N235).

What is the difference between ‘service’ and ‘deemed service’?

Service is when the relevant step is completed (e.g., posting), crucial for limitation; deemed service is the CPR-specified date (e.g., second business day) used to calculate time for responses.

What must a solicitor do if their client’s witness statement is inconsistent with disclosed documents?

Advise client to correct; if witness persists in dishonesty, withdraw or cease acting; must not allow false evidence (SRA 1.4, 2.1–2.4).

Give two examples of ‘documents’ for disclosure purposes under CPR 31.

Emails (including deleted ones on servers) and audio recordings.

Under CPR 31, what is a ‘reasonable search’?

A proportionate search in terms of number of documents, nature/complexity, ease and expense of retrieval, and significance of any likely documents.

What is the maximum fee remission application period after paying a court fee?

Three months from the date the fee was paid.

Which form is used to apply for a Default Costs Certificate?

Form N254 (request for default costs certificate).

When is a Notice to Admit Facts (Form N266) latest served?

No later than 21 days before trial.

What consequence follows failure to pay the Fast Track hearing fee on time?

Automatic strike-out of the claim unless relief from sanctions is obtained.

What are the two mandatory criteria for a freezing injunction?

Good arguable case and risk of dissipation of assets within the jurisdiction (plus assets located here).

What must a party show to amend its Statement of Case after limitation has expired?

That the amendment is necessary because it arises out of the same or substantially the same facts already in issue (CPR 17.4).

Which document lists agreed/contested issues after experts’ meeting?

Joint Statement of Experts (CPR 35.12).

How can a party withdraw a pre-action admission after proceedings start?

By obtaining the court’s permission, which considers factors such as reasons, prejudice, stage reached, and interests of justice.

State two common methods of funding civil claims besides private retainer.

Conditional Fee Agreements (CFAs) and Before-the-Event (BTE) insurance.

What is the threshold debt for presenting a bankruptcy petition?

£5,000 owed by an individual (s.267 Insolvency Act 1986).

What time of day may an enforcement agent not take control of goods without specific permission?

Before 6 a.m. or after 9 p.m.

Name two types of privilege other than legal professional privilege.

Without-prejudice privilege and privilege against self-incrimination.

When should a case summary usually be filed before a multi-track trial?

As directed by the trial judge, commonly with the trial bundle (often 3–7 days before trial).

Which CPR part and form govern witness evidence for a non-English speaker?

Part 32; statement must be in the witness’s own language and translated, translator certifying accuracy.

What is required for a solicitor to act for multiple clients with competing interests?

Informed written consent from each, reasonable for solicitor to act, and effective safeguards to protect confidential information (SRA para 6.2 (b)).

What is the usual sanction if a party fails to comply with a costs budget without securing a variation?

On assessment, recoverable costs for that phase are limited to the approved or agreed budget figure unless good reason to depart.

Explain ‘hot-tubbing’ of experts.

Concurrent expert evidence where experts give evidence together, allowing judge and counsel to question them in discussion format.

What is the key outcome of failing to comply with a Pre-Action Protocol?

Court may impose cost sanctions or interest penalties during subsequent litigation.

Under CPR 6, what condition must be met before serving by DX?

The defendant’s address for service must include a DX number and they have not indicated they will not accept service by DX.

State two grounds for a court to refuse to enforce a foreign judgment.

Lack of jurisdiction in the foreign court or judgment is contrary to public policy.

What criteria must be satisfied for a court to add a new party after limitation expires?

Limitation period was current when claim started and addition is necessary (e.g., substitution for a mistaken name, assignment of interest, or indispensable party).

How long must a Part 36 offeror wait for a response to a clarification request?

Seven days; failure allows the offeree to apply to court for clarification.

What is an ‘unless order’?

A court order specifying a step to be done by a date; failure results in automatic specified sanction (often strike-out).

What information must be in a PI Letter of Claim under the PAP?

Summary of facts, injuries sustained, impact, financial losses, documents to be disclosed or requested.

When can a child claimant’s litigation friend’s appointment cease and what must follow?

On child turning 18; they must serve notice of change, give address for service, and state intention to continue proceedings within 28 days.