Chapter 6 Flashcards
What is CPR?
A set of rules linked to all aspects of the dispute resolution process.
What is the practice direction pre-action conduct and protocol? (PDPACP)
A set of steps that should be followed before a claim is issued. The reason is to try and get parties to settle and avoid going to court.
What are the personal injury protocols?
- Personal injury protocol
- Low value personal injury claims in RTA’S.
- Low value employers and public liability claims (EL/PL protocol)
What is the threshold for low value personal injury claims and EL/PL?
£25k or below.
How long as a defendants insurer got to respond to a claim in an RTA?
15 business days.
How long has a defendants insurer got to respond to a claim for EL/PL?
EL - 30 days
PL - 40 days
What are the reasons a claim may leave the low value protocol?
- Liability is disputed or contributory negligence
- Claim value exceeds £25k
- Allegation of fraud
- The defendants insurer fails to respond within the time scales or stage 1.
When can a money claim be made online?
If it is less than £100k.
What are the methods of ADR?
- Negotiations/ round table discussions
- Mediation
- Arbitration
- Early neutral evaluation
What is negotiations/ round table discussions?
Each side has the opportunity to have the case aired and gage the strengths and weaknesses of the opponents case.
What is mediation?
An independent mediator outlines the dispute in a room. Each party will then go to a separate room and the mediator will speak to each party and try to reach a solution.
What is arbitration?
An impartial independent arbitrator who is likely to be a subject matter expert will make a decision. Once it is made it is binding and final.
What is early neutral evaluation?
The parties refer their dispute to a third party (usually an expert in the subject matter) and they will hear the evidence and make a recommendation.
