Dispute Resolution Flashcards
How long before small claims track hearing must the docs parties intend to be relied on be served?
14 days
What is standard disclosure
1- Disclose docs intend to rely on
2- disclose docs which
A. Adversely impact own
B. Adversely impact other party
C. Support other party
What is the duty to search?
Duty to search in disclosure - justified and reasonable& proportionate
When can docs be withheld?
- Legal professional privilege (advice and litigation privilege)
- Client can waive privilege
What disclosure is used in multitrack?
Usually standard disclosure
When does disclosure need to be filed before CMC?
No less than 14 days and then no less than 7 must discuss and seek to agree
How long before must a witness summons be served?
7 days before date required to attend court
How long to appeal civil claim in CC and HC?
CC- 21 days
HC- 28 days
When must judgement for costs be paid?
Within 14 days
What must be done is jurisdiction is disputed?
Acknowledge service and indicate jurisdiction and make application to court in 14 days
What is cab rank rule?
Barristers much accept any work they profess to practice
What is the civil standard?
Balance of probabilities (over 50%)
How long does D have to respond to claim?
Simple - 14 days
Complex - 3 months
What is codifying legislation?
Tidies up pre existing law
How are costs paid if reject Part 36 and then offer not better?
Standard costs up to part 36 and then C pays standard costs + interest (10%) after
Can someone claim interest for late payment?
Yes - statutory interest
How are bundles dealt with in fast track?
Joint bundle with each statement of case
In a debt claim and refusing to pay when can someone claim over land held jointly?
If they place a charge over land
When does someone assume volenti in tort?
When reasonably aware eg boxer in fight or if someone spent all day with drunk person
Is arbitration public or private?
Private
What is an unspecified claim?
Where sum awarded is yet to be specified by court
When can client challenge solicitor bill
One month
Who has the burden on proving failure to participate in ADR was unreasonable?
Defendant
In standard disclosure are privileged documents disclosable?
Yes but they cannot be inspected
