Dispute Resolution Vocabulary Flashcards

A comprehensive collection of vocabulary terms and legal concepts from the Dispute Resolution module, covering everything from initial case analysis and pre-action conduct to disclosure, trial procedure, costs, and enforcement.

Alternative Dispute Resolution (ADR)

A collective term for various mechanisms used to resolve disputes outside of court proceedings, including mediation, arbitration, early neutral evaluation, conciliation, and negotiation.

Mediation

A voluntary and confidential process where a neutral third party acts as a negotiator to facilitate a settlement; discussions are held on a without prejudice basis and the mediator has no power to make a binding decision.

Shuttle Diplomacy

A stage in mediation where the parties go to separate rooms and the mediator moves between them to establish areas where compromise might be possible.

Arbitration

A private, formal dispute resolution process overseen by one or more arbitrators leading to a legally binding arbitration award, supported in England and Wales by the Arbitration Act 1996.

The Seat (Arbitration)

The place the parties have agreed is the legal location of an arbitration, determining the legal jurisdiction that has authority over the procedure.

Litigation

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

Overriding Objective

The fundamental duty of the court defined in $CPR\,r\,1.1$ to deal with cases justly and at proportionate cost, including saving expense and ensuring cases are dealt with expeditiously.

Without Prejudice Privilege

A protection ensuring that anything said in a genuine attempt to settle a dispute cannot be used as evidence in court later if the resolution fails.

Limitation Period

The set timeframe within which a claim must be issued with the court, such as $6\,years$ for a simple contract breach or $3\,years$ for personal injury, after which the claim is typically time-barred.

Accrual of Cause of Action

The specific point in time when a limitation period begins to run, such as the date of breach in contract claims or the date damage was suffered in tort claims.

Latent Damage

Damage caused by negligence that is not immediately discoverable, allowing the limitation period to potentially extend to $3\,years$ from the date of knowledge, subject to a $15\text{-}year$ longstop.

Standstill Agreement

A written agreement where a defendant agrees not to rely on a limitation defense if the claimant issues a claim within an agreed period, effectively pausing the limitation clock.

Laches

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

Conditional Fee Arrangement (CFA)

A “no win, no fee” agreement where the solicitor's fees are conditional on success, often including a percentage success fee that is not recoverable from the opponent.

Rome I Regulation

Regulation (EC) No 593/2008, which provides the substantive rules for determining the law applicable to contractual obligations.

Rome II Regulation

Regulation (EC) No 864/2007, which provides the rules for determining the law applicable to non-contractual obligations such as negligence.

Practice Direction – Pre-Action Conduct and Protocols (PDPAC)

The rules setting out steps parties are expected to take before issuing court proceedings to facilitate information exchange and settlement attempts.

Letter of Claim

A formal pre-action letter stating the basis of a claim, a summary of facts, and the remedy sought, aimed at avoiding litigation.

County Court

A lower court in England and Wales traditionally dealing with money claims for $£100,000$ or less and personal injury claims under $£50,000$.

High Court

A court consisting of the King's Bench, Chancery, and Family Divisions, generally reserved for more complex cases or money claims exceeding $£100,000$.

Part 7 Claim

The standard court procedure for most civil claims where there is a substantial dispute of fact between the parties.

Part 8 Claim

An alternative, simpler court procedure used when there is no substantial dispute of fact and the court's decision is needed primarily on a point of law.

CE File

The electronic online filing system used by professional users to issue and manage most claims in the High Court.

Small Claims Track

The procedural track for most claims valued at less than $£10,000$, or tenant repair and personal injury claims under certain lower thresholds.

Fast Track

The procedural track for straightforward claims valued between $£10,000.01$ and $£25,000$, typically where the trial lasts no more than $1\,day$.

Intermediate Track

The procedural track for less complex cases valued between $£25,000$ and $£100,000$, with trials estimated at no more than $3\,days$.

Multi-Track

The procedural track for complex or high-value claims exceeding $£100,000$, allowing for greater judicial flexibility in case management.

Deemed Date of Service

The legally Decisive date on which a document is considered served regardless of actual delivery; for a claim form, this is the second business day after the relevant step is taken.

Judgment in Default

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

Set-off

A defense where a defendant withheld payment because the claimant owes them a mutual debt or a related sum from a connected claim.

Summary Judgment

A procedure under $CPR\,Pt\,24$ where a case or specific issue is decided without a full trial because a party has “no real prospect” of success.

Strike Out

The court’s power under $CPR\,r\,3.4$ to delete a statement of case because it discloses no reasonable grounds, is an abuse of process, or fails to comply with rules.

Interim Payment

An advance payment of damages or a debt ordered by the court before the final assessment at trial, typically after liability is admitted or established.

Freezing Order

Formerly known as a Mareva injunction, this interim prohibitory injunction orders a defendant not to dispose of or remove assets from the jurisdiction.

Security for Costs

An order requiring a claimant to provide funds to cover the defendant's potential legal costs, usually on grounds of being resident out of the jurisdiction or being an impecunious company.

Statement of Truth

A mandatory declaration verifying that the facts stated in a document are true, making the signatory liable for contempt of court if they lack an honest belief in its truth.

Hearsay Evidence

A statement made outside of oral evidence at trial that is used to prove the truth of the matter stated; governed by the Civil Evidence Act 1995.

Single Joint Expert

An expert witness instructed by all parties to a dispute to provide an independent report to the court, prioritized under $CPR\,Pt\,35$ for proportionality.

Standard Disclosure

Under $CPR\,r\,31.6$, the requirement for parties to disclose documents they rely on, plus those that adversely affect or support any party's case.

Control (Disclosure)

The legal scope of documents a party must disclose, including those in their physical possession, those they have a right to take possession of, or a right to inspect.

Legal Advice Privilege

A right to withhold inspection of confidential communications between a client and their legal advisors created for the dominant purpose of seeking or giving legal advice.

Litigation Privilege

A right to withhold inspection of confidential communications between a legal advisor/client and a third party for the dominant purpose of use in reasonably anticipated litigation.

Part 36 Offer

A specific, formal settlement offer made under $CPR\,Pt\,36$ which carries mandatory cost consequences if not beaten at trial.

Calderbank Offer

A flexible settlement offer made on a “without prejudice, save as to costs” basis, considered by the court at its discretion when determining final costs.

Tomlin Order

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

Res Judicata

The legal principle that prevents parties from re-litigating the same issues after they have been determined by a final judgment.

Writ of Control

The High Court document authorizing an enforcement agent to take control of a judgment debtor’s goods for sale at auction to satisfy a debt.

Third-Party Debt Order

An enforcement method under $CPR\,Pt\,72$ allowing a judgment creditor to seize money owed to the debtor by a third party, such as a bank account balance.

Indemnity Principle

The rule that a party is only permitted to recover costs from their opponent that they actually incurred and have a liability to pay.

Relief from Sanctions

An application made under $CPR\,r\,3.9$ after a breach of a rule or order, assessed using the three-stage Denton test ($serious/significant$, $good reason$, $all circumstances$).