ADR, Mediation, Litigation and Commencing Proceedings

Question 1

For the limiation period for personal injury, the phrase ‘3 years from the date of knowledge’, means what?

Answer 1

3 years from the date the claimant knew the facts/identity of the defendant.

It means the first date when the claimant knew, or might reasonably be expected to have known, certain specific facts. These include the seriousness of his injury, its cause, and the identity of the defendant.

Question 2

When does the clock start running for someone under 18, in a personal injury claim for limitation periods?

Answer 2

From when they turn 18

Question 3

Is arbitration or mediation binding?

Answer 3

Arbitration

Question 4

If mediation fails, what next?

Answer 4

Arbitration, then Litigation

Question 5

What claims are commenced in the County Court?

Answer 5

£100,000 or less
£50,000 or less [personal injury claims]

Question 6

When can claims in the county court jurisdiction, start in the High Court?

Answer 6

complex facts
comples finances
public importance of the outcome

Question 7

Adding a party within the limitation period:

Answer 7

• if desirable to resolve matters
• if desirable to add a new party so the court can resolve matters
• adding claimant - written consent

Question 8

Substituting a party within the limiation period

Answer 8

• where existing party interest passed on
• desireable

Question 9

Adding a party outside the limitation period

Answer 9

• limitation period was current when proceedings started
• necessary [bankrupt, mistake,not properly carried on]

Question 10

Subbing a party outside the limitation period

Answer 10

• limitation period was current when proceedings started
• necessary [bankrupt, mistake,not properly carried on]

Question 11

Removing a party [only within the limitation period]

Answer 11

• Court can order any party if not desirable to be one

Question 12

Can the court set aside a default judgement if the defendant was unwell in hospital so couldn’t respond to the deadline?

Answer 12

Yes they can as one of the reasons is that there is a ‘good reason why the defendant should be allowed to defend the claim’.

Question 13

What are the discretionary grounds for setting aside a default judgement?

Answer 13

Defendant has a real prospect of successfully defending the claim

OR

Other good reason why they should be able to defend the claim [illness]

Question 14

What is the max time that is reasonable to respond to a claim under the PDPAC?

Answer 14

3 months

Question 15

When does the limitation period start running from for contract law?

Answer 15

6 years from the DATE OF BREACH

Question 16

How long does the claimant have to reject or accept an admission from the defendant?

Answer 16

14 days

Question 17

When can a claim form be served on a firm of solicitors?

Answer 17

If the defendant has nominated them in writing

Question 18

On a claim form what should a partnership be addressed as ?

Answer 18

The ‘firm’

Question 19

When can a default judgement be set aside on a ‘mandatory ground’

Answer 19

Judgement entered wrongly before the expiry of time

Question 20

What is a consent order?

Answer 20

The terms of the settlement are included and recorded in a formal court order

Question 21

What is a tomlin order?

Answer 21

A court order where the claim is stayed on terms agreed between the parties in a confidential schedule attached to the order.

Question 22

If the claim form has already been served, and then the claimant wants to add another defendant as is desirable to do so, what do they need to seek.

Answer 22

The courts permission

Question 23

If a solicitor is signing a statement of truth, do they sign in their own name or the firms name

Answer 23

Their own name

Question 24

If claimant dosent file directions questionnaire, how long do they have?

Answer 24

Notice to serve within 7 days or the claim struck out

Question 25

Under CPR PD 7A, para 5.3, if a defendant trades under a business name, they should be sued in:

Answer 25

Their personal name (e.g., "John Smith") and Their trading name (e.g., "t/a Smith Goods").

Question 26

Address for service for a defendant that trades under a business name

Answer 26

The defendant’s usual residential address (if an individual) or The principal place of business (if a sole trader).

Question 27

Examples of sanctions for failing to undertake pre action steps

Answer 27

The court may impose sanctions for non-compliance including that the party at fault pay additional costs, known as costs on an indemnity basis. COSTS and added INTEREST

Question 28

Who can sign the statement of truth for a partnership, let's say that the solicitor is acting for the firm as well

Answer 28

a partner, anyone who has control or a solicitor.

Question 29

If the claim is for personal injury 50,000 or more, then where to start it

Answer 29

High Court

Question 30

If the claim is for personal injury for 49000 or less, then where to start it

Answer 30

County Court Civil National Buis Centre

Question 30

What is the deadline for serving the particulars of claim when a claim form is marked "particulars of claim to follow"?

Answer 30

hey must be served within 14 days after service of the claim form, and in any case, no later than 4 calendar months after issue of the claim form.

Question 31

Can a claimant discontinue a claim against one defendant and continue against another?

Answer 31

Yes. A claimant may discontinue against one defendant and continue the claim against another, but will usually be liable for the legal costs of the defendant against whom the claim is discontinued, unless the court orders otherwise (CPR 38.6).

Question 32

For an unspecified claim what should be written in the 'amount claimed box'?

Answer 32

the solicitor should provide an estimate of what the claimant genuinely expects to recover in the ‘amount claimed’ box. The legal representative’s costs should be marked ‘to be assessed’ as this is an unspecified claim.

Question 33

When can the claimant apply for default judgment if no acknowledgment of service or defence is filed?

Answer 33

On the 15th day after deemed service of particulars of claim (CPR 12.3 and linked rules).

Question 34

: What type of terms must be included in the body of a Tomlin Order?

Answer 34

Only procedural terms, such as liberty to apply to court, must be included in the order. These allow enforcement or variation of the settlement terms.