2. Pre -commencement

Question 1

Purpose of pre-commencement stage?

Answer 1

Weed out weak claims to prevent client wasting money

Question 2

Effect of missing limitiation period to bring claim?

Answer 2

Can still bring the claim but defendant has a technical defence + will win

Question 3

Limitation period to bring **breach of contract **claim?

Answer 3

6 years from date of breach e.g. delivery of goods

Question 4

Limitation period for personal injury claim?

Answer 4

3 years from knowledge/breach

Question 5

Limitation period for hidden damages claim?

Answer 5

3 years from knowledge (later one but not more than 15 years from act)

Question 6

Who are defendants if employee commits a tort?

Answer 6

Employee + Employer (vicariously liable)

Question 7

When does under 18s limitation period start?

Answer 7

From 18th birthday

Question 8

Who needs a litigation friend?

Answer 8

Under 18s + protected people (mental disorder)

Question 9

What is a litigation friend?

Answer 9

Parent/Gaurdian act in minor’s best interests + no conflict of interest

Question 10

If defendant is partner in a firm?

Answer 10

Bajwa & Co (firm)

Question 11

If defendant is member/director in a LLP/company?

Answer 11

Sue company/LLP name

Question 12

Specified Claim?

Answer 12

Fixed amount of money e.g. debt

Question 13

Unspecified Claim?

Answer 13

Decided by court e.g. damages

Question 14

Difference between costs vs damages?

Answer 14

Costs: expenses incurred e.g. legal fees

Damages: compensate for suffering

Question 15

If claiming for specified + unspecified sum, how is total treated?

Answer 15

Unspecified

Question 16

Cause of Action for tort?

Answer 16

Duty of care owed + breached + party sufferred loss as a result of the breach

Question 17

Pre-action protocol

Answer 17

1. Letter before claim (general isses + amount)
2. Defendant Letter of Response in 21 days
3. Try ADR/negotiate to settle
4. If not - narrow disputed facts

Question 18

Pre-action protocol - debt claim

Answer 18

1. send full updated amount due + how to repay
2. settle via repayment plan?

Question 19

Pre-action protocol - negligence claim

Answer 19

1. Prelimary notice (general grievance)
2. Defendant tell insurance + 21 days to acknowledge
3. Letter of Claim (full details)
4. Defendant investigate for 3 months
5. D accept claim + settle or deny with reasons + review ADR + C start proceedings

Question 20

Sanction for non-compliance of Pre-action Protocol

Answer 20

• claimant recieve reduced interets on awarded costs
• defendant pay 10% above base rate interest
• defaulting party pays the others costs

Question 21

When may non-compliance with Preaction protocol be justified?

Answer 21

• Emergency or surprise element or
• limitation period is about to expire (after service = stay proceedings to follow pre-action procedure)

Question 22

Interest - High Court

Answer 22

section 35A Senior Courts Act 1981

Question 23

Interest - County Court

Answer 23

Section 69 County Courts Act 1984

Question 24

Interest for personal injury claim of over £200

Answer 24

MUST award some interest

Question 25

How is interest calculated for specified claim?

Answer 25

1. Interest on claim value from date of breach --> issue (*7 days at a daily rate of 10% of £100 which gives £70 interest) * + 2. Daily rate of interest until judgement or earlier payment

Question 26

Unspecified claim- what are the bands to claim in?

Answer 26

* Not more than £10,000 * More than £10k but no more than £25k or * more than £25k

Question 27

Statement of truth

Answer 27

[I believe/The Claimant believes] the contents of this Particulars of Claim are true to the best of my/their knowledge. I understand contempt of court proceedings can be brought against anyone who makes, or causes to be made, a false statement in a document verified by a statement of truth without an honest belief in its truth. [I am duly authorised by the Claimant to sign this statement]