Dispute Resolution Flashcards

WORKSHOP 1

What is the main aim of Pre‑Action Protocols and the PD on Pre‑Action Conduct?

To encourage early, cards‑on‑the‑table exchange and ADR to avoid proceedings where possible.

Name a typical sanction for non‑compliance with pre‑action requirements.

Costs/interest sanctions or a stay to permit compliance

When is it justified to issue before full pre‑action compliance?

Imminent expiry of the limitation period

What is the limitation period for a simple contract claim?

Six years from accrual (s.5 LA 1980)

Primary limitation for personal injury claims?

Three years from the later of accrual or date of knowledge (ss.11, 14 LA 1980).

Latent damage (non‑PI) limitation and long‑stop?

Later of six years from accrual or three years from knowledge, with a 15‑year long‑stop (ss.14A, 14B).

Limitation to enforce a judgment?

Six years from when the judgment became enforceable (s.24).

When does time run if there’s deliberate concealment?

From discovery (or discoverability with reasonable diligence) of the concealment (s.32).

Where should non‑PI claims ≤ £100,000 be issued?

In the County Court (PD 7A)

One factor justifying High Court issue where concurrent jurisdiction exists?

Complexity or public importance (PD 7A 2.4)

Minimum to commence proceedings?

Completed claim form (N1) and the court fee

Time limit to take the relevant step to serve a claim form in the jurisdiction? 

Four months from the date of issue

When must a certificate of service be filed if the claimant serves?

Within 21 days of service unless all defendants acknowledge service

What is needed for valid email service?

Prior indication/consent to accept service by email.

Deemed service of a claim form under CPR 6.14?

Second business day after completion of the relevant step.

Deemed service for other documents served by email before 4:30pm on a business day?

Same business day (CPR 6.26).

Deadline to serve particulars if not with the claim form?

Within 14 days of deemed service of the claim form and within the four‑month validity

Give an example of a “statement of case.”

A reply to defence (also claim form, particulars, defence, Part 20 claim)

How must statements of case be verified?

By a statement of truth in the prescribed form.

Risk of signing a false statement of truth without honest belief?

Contempt of court exposure, with possible fines or imprisonment.

What to attach if pleading a claim based on a written agreement?

The written agreement and any incorporated terms (16 PD)

What to plead for an oral agreement?

Words spoken, by whom, to whom, when and where (16 PD)

How to plead interest on unliquidated damages in the High Court?

How to plead interest on unliquidated damages in the High Court?

What is the “prayer” in particulars of claim?

The summary of the relief sought.

How are partnerships generally sued?

In the partnership name as shorthand for the partners (CPR 7.2A/PD 7A)

Status of children and protected parties in litigation?

Must act by a litigation friend; special service/title rules apply (CPR 21).

What steps may be taken before a litigation friend is appointed?

Issue and serve a claim form or apply to appoint a litigation friend (CPR 21.3)

General rule on inter partes costs (CPR 44.2)?

The unsuccessful party pays the successful party’s costs, subject to discretion.

Usual basis and approach on assessment of recoverable costs?

Standard basis—only reasonable and proportionate costs are recoverable.

How to serve a claim form

Personal service - Personal service means physically leaving the claim form with a defendant who is an individual, or an appropriate person in the case of a company or similar legal entity (CPR 6.5).

Leaving the document at a permitted address - This means depositing the claim form at a permitted address (whether or not there is someone present to receive it). 'Permitted addresses' are explained on the next page.

Service by first class post or DX - This means posting the document to a permitted address using first class post, or using 'DX' (which stands for Document Exchange) – a system used by legal professionals which provides for delivery on the next business day.

Service by fax - Service by fax is only permitted if the defendant / its solicitor has indicated it will accept service by fax.

Service by other electronic method - Service by email is only permitted if the defendant / its solicitor has indicated it will accept service by email.

Place of service for the claim form - Where personal service is used, the defendant can be personally served wherever they are found within the jurisdiction. This method of service does not rely upon an address for service for the defendant. Where fax or email is used, the defendant will indicate the fax number / email address for service. When leaving the document at a permitted address or using post / DX, thought needs to be given to which address to use. If the defendant gives in writing a solicitor's address in the jurisdiction for service, or their solicitor does the same, service must be to the solicitor’s address (CPR 6.7). Otherwise, the defendant may be served with the claim form at an address at which the defendant resides or carries on business within the UK and which the defendant has given for the purpose of being served with the proceedings (CPR 6.8).

WORKSHOP 2 - Which CPR provisions chiefly govern responses to proceedings (acknowledgment, defence, admissions)?

CPR 9 (responding generally), CPR 10 (acknowledgment of service), CPR 15.1–15.6 (defending), and CPR 14 (admissions)

What options does a defendant have on receipt of proceedings?

File/serve an admission (CPR 14), file a defence (CPR 15), do both if only part is admitted, or file an acknowledgment of service (CPR 10).

Why file an acknowledgment of service?

To extend time to file the defence to 28 days after deemed service of particulars or to dispute the court’s jurisdiction.

When must an acknowledgment of service be filed?

Within 14 days of service of the claim form, or where particulars are to follow, within 14 days of service of the particulars (CPR 10.3).

What is the effect of acknowledging service on the defence deadline?

It extends the time for serving the defence to 28 days after the deemed date of service of the particulars (CPR 15.4).

How far can parties agree to extend the defence deadline without court permission?

Up to an additional 28 days by written agreement, making a maximum of 56 days from deemed service of particulars (CPR 15.5).

Name situations where a longer defence period may apply beyond the standard deadlines

Service out of the jurisdiction, a pending jurisdiction challenge, a pending summary judgment application, or agent-service orders for overseas principals.

What does Form N9 (acknowledgment) require the defendant to state?

Correct name, address for service, and whether they intend to defend all/part or contest the court’s jurisdiction

What notification follows filing an acknowledgment of service, and why is it important?

The court notifies the claimant and parties can diarise the defence deadline; failure to meet it risks default judgment.

How does CPR 15.10 deal with a defence saying a specified-money claim was already paid?

The court asks the claimant to respond within 28 days; if no response, the claim is stayed, otherwise it proceeds as defended

Which admission forms are used for specified and unspecified claims?

N9A for specified money claims and N9C for unspecified, non‑money, or return of goods claims

If a specified sum claim is admitted in full, what does judgment include?

Debt, interest to judgment, court fees, and fixed costs under CPR 45, net of any payments.

What happens if a specified-money claim is admitted only in part?

Judgment may be entered for the admitted part, and the defendant must defend the balance

What is the immediate effect of admitting an unspecified claim?

Judgment on liability is entered, with quantum determined at a later hearing

How can a defendant request time to pay on admission, and who decides terms if disputed?

By proposing terms with financial details under CPR 14.6; if not accepted, the court sets terms having regard to the information.

What is default judgment and when is it available?

Judgment without trial where the defendant fails to acknowledge or defend in time and the claim is not admitted or satisfied (CPR 12.1, 12.3).

Name claim types where default judgment cannot be obtained.

Claims for delivery of goods under the Consumer Credit Act 1974, Part 8 claims, and any others barred by Practice Directions (CPR 12.2).

How is default judgment obtained for money versus non‑money claims?

Money claims proceed by request on the specified form on paper, while non‑money claims require an application and hearing.

When may interest be included in default judgment for a specified sum?

If interest was properly pleaded (CPR 16.4), at or below the judgment rate, and calculated to the request date (CPR 12.7)

Can a claimant take default judgment against one of multiple defendants?

Yes if the claim can be dealt with separately; otherwise the court may align determination with the remaining claims (CPR 12.9).

On what mandatory grounds must a default judgment be set aside?

If wrongly entered, such as where time had not expired, an AoS/defence was filed, a strike‑out/summary application pre‑dated judgment, or the claim was satisfied (CPR 13.2).

On what discretionary grounds may default judgment be set aside, and what else matters?

Where the defendant has a real prospect of success or another good reason, with prompt application and Denton relief principles relevant (CPR 13.3, CPR 3.9)

What are the core “counting time” rules under CPR 2.8?

Do not count the start day; exclude the event day if the period ends by reference to an event; exclude weekends/bank holidays for periods of 5 days or less; shift to next open day if the court is closed

When is a claim form deemed served under CPR 6.14?

On the second business day after completion of the relevant step

When are other documents served by email deemed served if sent before 4:30pm on a business day?

The same business day per CPR 6.26.

What documents are “statements of case,” and when is a reply used?

Claim form, particulars, defence, Part 20 claims, and reply, with a reply used to answer new facts in the defence and generally being the last statement of case (CPR 15.9)

How must a defence address allegations, and what is required for denials?

It must admit, deny with reasons (and alternative case if any), or require proof for each allegation, including address for service and relevant specifics

What are the consequences of failing to deal with an allegation in the defence?

It is deemed admitted unless the defendant’s own case puts it in issue, though money claim sums are not admitted unless expressly admitted.

What must particulars of claim include, and how do written/oral agreements differ?

A concise statement of material facts (not law or evidence), attaching written contracts or pleading the exact oral words, speakers, timing, and place, with interest pleaded appropriately.

When and how should CPR 18 be used, and how are responses treated?

Use CPR 18 for necessary and proportionate clarification after a concise written request; responses are statements of case verified by a statement of truth

WORKSHOP 3 - What is a counterclaim under CPR 20?

A claim brought by a defendant in response to the claimant’s claim and included in the same proceedings as the claimant’s claim.

When can a defendant file a counterclaim without permission?

When the counterclaim is filed at the same time as the defence; permission is required if filed at any other time under CPR 20.4(2).

How should a counterclaim be formatted when served with a defence?

As a single document titled “Defence and Counterclaim” with the counterclaim following the defence and complying with CPR 16.4 and 16 PD.

What elements must a counterclaim plead to be viable?

Duty, breach, causation, and loss.

What is set-off in the context of a Defence and Counterclaim?

A defence that extinguishes the claimant’s claim up to the amount of the defendant’s cross-claim

Name four legal bases for set-off mentioned in the notes.

Mutual debts, s.53(1) Sale of Goods Act 1979, defective services, and equitable set-off where there is a close connection making separate enforcement unjust.

Where should a set-off plea be included in a Defence and Counterclaim?

In the defence section under CPR 16.6, typically as the final paragraph before the counterclaim.

What is the time limit to serve a defence to counterclaim and is an acknowledgment of service required?

14 days after service of the counterclaim, and no acknowledgment of service is required under CPR 20.4(3).

What is a reply and is it mandatory?

A reply is an optional statement of case used to allege facts in answer to the defence not in the original claim, and it must be verified by a statement of truth under CPR 15.8 and CPR 22.1.

When is a reply usually filed in standard proceedings?

A: With the directions questionnaire, subject to specialist court variations

Define “additional claim” under CPR 20.2.

Any claim other than the claim by the claimant against the defendant, including counterclaims and claims for contribution or indemnity

What is a counterclaim against a person other than the claimant (CPR 20.5)?

A counterclaim by the defendant against the claimant and another person together, which requires permission and joinder of the other person

How do the CPR glossary definitions distinguish contribution and indemnity?

Contribution is the right to recover from a third person all or part of what one must pay, while indemnity is the right to recover the whole amount, with indemnity equating to a 100% contribution for CPR purposes

How does a defendant seek a contribution or indemnity from an existing party?

By filing and serving a contribution notice under CPR 20.6, often with the defence when permission is not required

How is an additional claim against a non-party commenced and served?

By issuing an N211 claim form under CPR 20.7 and serving it (if without permission) within 14 days along with a response pack and relevant statements of case per CPR 20.12.

When is court permission required for additional claims under CPR 20?

Always for CPR 20.5 counterclaims; for classic counterclaims if not filed with the defence; for contribution/indemnity against existing parties if not with the defence or within 28 days of a later-added party’s defence; and for other CPR 20.7 claims unless issued before/with the defence

How are parties titled when additional claims are added to proceedings?

Original parties retain “Claimant” and “Defendant,” and added parties are labeled “Third Party,” “Fourth Party,” etc., in the order joined

Can default judgment be obtained for failures in responding to additional claims?

Yes for failure to defend a counterclaim under CPR 12.3(2)(b), but not for failure to reply to a contribution/indemnity notice or most N211 claims, where non-response generally deems admission under CPR 20.11, with default judgment only in exceptional circumstances.

Are additional claims treated procedurally as claims?

Yes, subject to limited exceptions, they are treated as claims requiring a defence under CPR 15.2 or leading to deemed admission under CPR 20.11 if not defended.

When might the court order an additional claim to be heard separately from the main claim?

Where there is no substantial connection with the original proceedings or for efficient case management per CPR 20.9 and 20.13

When can a party amend a statement of case without the court’s permission?

At any time before service under CPR 17.1(1), or at any time with the written consent of all other parties under CPR 17.1(2)(a).

What formalities apply to amended statements of case?

They must be verified by a statement of truth unless ordered otherwise, endorsed appropriately per 17 PD 2.1, and show amendments by colours or numerical coding per 17 PD 2.2

How does a party apply for permission to amend after service without consent?

By application notice with the proposed amended pleading per 17 PD 1.2, after which the court may order filing and service (usually within 14 days) and the amendment should be endorsed as made by order under 17 PD 2.1(1) and CPR 17.3.

What principles govern late amendments close to trial?

The overriding objective applies, with a heavy onus on the applicant to justify very late amendments that risk prejudice or postponement, as emphasized in Swain-Mason v Mills & Reeve

What is the primary test to add, remove, or substitute a party before limitation expires?

Whether the amendment is “desirable” under CPR 19.2, noting consent is required to add a claimant and permission is generally required after service under CPR 19.4

What conditions must be met to add or substitute parties after the limitation period?

Proceedings must have been started within the limitation period, and the change must be “necessary” under CPR 19.6(2) due to mistake, inability to continue properly without the change, or death/bankruptcy under CPR 19.6(3).

How does the court distinguish mistakes in name versus identity post-limitation?

A genuine name mistake causing no reasonable doubt can be corrected under CPR 17.4(3), whereas an identity mistake requires substitution under CPR 19.6 and may be refused if the intended party was not adequately described.

What is the Sardinia Sulcis test for substitution?

Whether the intended defendant was identified in the pleadings by a case-specific description; if yes, substitution may be permitted under CPR 19.6(3)(a), subject to discretion against injustice

When may a new cause of action be added after limitation?

Only if it arises from the same or substantially the same facts as the existing claim under s.35(5)(a) and CPR 17.4(2), or if it is an original set-off/counterclaim under s.35(3), or via s.33 discretion in personal injury.

What are the key features of CPR 18 requests for further information?

Start with voluntary, concise, proportionate requests; responses must be signed and verified by a statement of truth; court applications are interim under CPR 23; the court may restrict subsequent use under CPR 18.2 and multi-track directions often timetable such requests.

WORKSHOP 4 - Under CPR Part 24, when may the court give summary judgment on a claim or issue?

When a party has no real prospect of success and there is no other compelling reason for a trial. Why: CPR 24.2 sets a twin-limb test of “no real prospect” plus “no other compelling reason,” allowing disposal without a full trial

What is the earliest time a claimant may apply for summary judgment?

After the defendant has filed an acknowledgment of service. Why: CPR 24.4 permits an applicant to move once the respondent has acknowledged service, ensuring the respondent is on notice and has engaged.

What does “no real prospect of success” mean for summary judgment?

The respondent’s case must be unrealistic or fanciful, and the court avoids conducting a mini‑trial at the application. Why: The authorities emphasize that summary judgment is not for resolving complex factual disputes or credibility issues requiring trial.

What orders can the court make on a summary judgment application?

Judgment, dismissal of the application, strike‑out, or conditional orders. Why: The court can tailor relief, including imposing conditions where a case is weak but arguable, consistent with Part 24 practice.

Which matters are generally unsuitable for summary judgment?

Cases requiring significant credibility findings or oral evidence. Why: Such disputes necessitate trial processes—cross‑examination and live evaluation—which summary judgment cannot replicate.

How does summary judgment differ from strike out?

Summary judgment may consider evidence beyond statements of case, while strike out focuses on statements of case alone. Why: Strike out targets pleadings that disclose no reasonable grounds or are abusive, whereas Part 24 allows evidential evaluation without a mini‑trial.

Name a condition enabling an interim payment order under Part 25.

An admission of liability or a judgment establishing liability to be assessed. Why: CPR 25.7 provides gateways, including admissions and established liability, to justify payment on account before trial.

What timing restriction applies to interim payment applications?

An application cannot be made before the acknowledgment of service period has expired. Why: This ensures the defendant has the initial opportunity to respond to the claim before money is ordered on account.

What cap applies to the size of an interim payment?

It must be a reasonable proportion of the likely final judgment. Why: The court safeguards against overpayment pending trial by limiting the sum to what is fairly supportable on current evidence

What factors must the court weigh when setting an interim payment amount?

Contributory negligence and set‑offs/counterclaims. Why: These can reduce net entitlement, so the interim award must reflect potential deductions to avoid unfairness.