Dispute Resolution

Question 1

What is the limitation period for contract claims?

Answer 1

Six years

The limitation period starts from the date of breach of contract.

Question 2

What is the limitation period for tort claims excluding personal injury and latent damage cases?

Answer 2

Six years

The limitation period starts from the date the damage occurs.

Question 3

What is the limitation period for personal injury tort claims?

Answer 3

Three years

The limitation period starts from the date of knowledge of the person injured.

Question 4

What is the limitation period for latent damage cases in tort?

Answer 4

Six years from the date when damage occurred or three years from the date of knowledge, whichever is later

The claim must be brought within 15 years after the negligent act or omission.

Question 5

When does the limitation period for latent damage cases start?

Answer 5

Date the cause of action occurs or date of knowledge of the person injured, whichever is later

This applies to situations where damage is not immediately obvious.

Question 6

Define latent damage.

Answer 6

Damage that is not immediately obvious

Example: Damage caused by a defect in a chimney that appears years after installation.

Question 7

What is the start date for the limitation period in contract claims?

Answer 7

Date of breach of contract

Question 8

What is the start date for the limitation period in tort claims excluding personal injury?

Answer 8

Date the damage occurs

Question 9

What limitation period must be met for a claim related to personal injury

Answer 9

Claim must be brought within three years from the date of knowledge

Question 10

What is the maximum time limit for bringing a claim in latent damage cases due to negligence?

Answer 10

15 years after the negligent act or omission

Question 11

What must be ensured regarding the dispute before proceeding?

Answer 11

Preliminary consideration will also be given to the use of the Welsh language in the proceedings.

Question 12

What determines which country’s laws apply in a contract?

Answer 12

An express declaration in the contract that the law of England and Wales applies

If this declaration is absent, parties must follow specific rules based on jurisdiction.

Question 13

What are the rules for determining jurisdiction when the dispute is within the EU?

Answer 13

Different rules exist for contractual or tortious disputes

For torts it’s where the damage occurred
For contracts, it’s where the seller/supplier has habitual residence.
For property disputes, it’s where the property in dispute is located.

Question 14

What is the jurisdiction for tort claims within the EU?

Answer 14

The country in which the damage has occurred or is likely to occur

This refers to the location of the damage in tort claims.

Question 15

What happens if there is no express declaration of governing law for claims outside the EU?

Answer 15

The court will settle the issue by way of a preliminary issue before proceedings commence

There are no specific ‘default rules’ for such situations.

Question 16

Where can proceedings be commenced if the defendant is located in the EU?

Answer 16

In the location specified by a specific clause in the contract

If no clause exists, proceedings will be issued in the local court of the defendant’s domicile.

Question 17

In the absence of a specific clause and in EU, where will proceedings be issued?

Answer 17

In the local court to where the defendant is domiciled

This applies if the defendant is an individual or a registered office of a company.

Question 18

Where should a local court be located for an individual defendant?

Answer 18

Where the defendant is domiciled

Domicile refers to the permanent legal residence of an individual.

Question 19

Where should a local court be located for a company defendant?

Answer 19

Where the registered office is located

The registered office is the official address of a company.

Question 20

What alternative exists for contract and tort cases regarding court location?

Answer 20

The case can be heard in the state where the contract was due to be performed or where damages from the tort were incurred

This provides flexibility for claimants in choosing a court location.

Question 21

What is required for a claim to be heard in England and Wales if the defendant is habitually resident outside the EU?

Answer 21

The claim form must be served on the defendant while they are present in England and Wales

This implies that the defendant’s presence in the jurisdiction allows the court to exercise jurisdiction.

Question 22

True or False: A defendant’s presence in England and Wales can affect the court’s jurisdiction over them.

Answer 22

True

Allowing proceedings to be served in England and Wales indicates acceptance of jurisdiction.

Question 23

What makes a witness summons invalid?

Answer 23

Failure to offer to compensate the witness for their expenses or loss of work money (party who requests the WS is liable for payment)

Question 24

Who serves a witness summons?

Answer 24

The court

Question 25

When does a pre trial checklist (listing questionnaire) need to be filed?

Answer 25

8 weeks prior to trial date

Question 26

When does a trial bundle need to be served?

Answer 26

No earlier than 7 days before trial but no later than 3 days before trial

Question 27

Opening speeches in civil cases?

Answer 27

Very rare as the trial judge would have read the bundle. Court needs to permit an opening speech.

Question 28

Who can do a closing speech?

Answer 28

Each party (c & d)

Question 29

Who gives their closing speech first?

Answer 29

Defendant then claimant

Question 30

When will permission to appeal be allowed?

Answer 30

Lower courts decision wrong Decision was unjust due to a serious procedural error or irregularity in proceedings

Question 31

What is the test for whether permission to appeal will be granted?

Answer 31

The appeal has a real prospect of success or some other compelling reason

Question 32

Where a party hasn't paid at the end of the case what's the first step they should take?

Answer 32

Order to Obtain Information

Question 33

What is an Order to Obtain Info?

Answer 33

Where the court orders the party who owes money to court to give evidence on oath before a court officer about their financial affairs

Question 34

What are the four methods of enforcement?

Answer 34

1. Taking Control of Goods Order 2. 3rd Party Debts Order 3. Charging Order 4. Attachment of Earnings Try explain what each means

Question 35

Taking control of goods order Writ of Control

Answer 35

Applies to the HIGH COURT for debt over £5000

Question 36

Taking control of goods order WARRANT OF CONTROL

Answer 36

County Court for debts under £600

Question 37

Taking control of goods order High court or county court

Answer 37

Writ of control/warrant of control Can chose for sums between £600-£5000

Question 38

Third party debt order what is it?

Answer 38

Court orders the bank to pay the debt (but can only be if the money is in a bank account in a sole name)

Question 39

What is a Charging Order?

Answer 39

Where the court orders a charge against a persons property so best will be paid when property sold

Question 40

What are the 3 stages to secure a charging order?

Answer 40

Interim Charging Order Final Charging Order Order for Sale

Question 41

What is an attachment of earnings order?

Answer 41

Only available in the County Court, where party is employed and sacrifices payment from their earnings to pay the party owed

Question 42

What does an award for costs on an indemnity basis mean?

Answer 42

A term used in cost recovery, where any dispute between the parties as to the value will be resolved in favour of the receiving party (no need to be proportionate and likely to be a higher costs liability than if on a standard basis.

Question 43

An arbitration clause should be what to be enforceable?

Answer 43

In writing Specifically refer to 'disputes' Using the word claim may lead to interpretation issues

Question 44

What is the presumption of an arbitration clause?

Answer 44

That it will be severed from the contract and still valid

Question 45

3 ways to appeal an arbitration decision

Answer 45

1. Substantive jurisdiction 2. Serious irregularities 3. Point of Law

Question 46

What is a parties general duty regarding disclosure

Answer 46

To do all things necessary for the r proper and expeditious conduct of proceedings

Question 47

What are arbitrators usually called

Answer 47

The tribunal

Question 48

Three types of cases that can only be heard in the high court

Answer 48

Judicial review Defamation HRA 1998

Question 49

What does the KBD of the HC usuallt deal with

Answer 49

Contract Tort JR appeals from MC

Question 50

What does the chancery division of the HG generally deal with

Answer 50

Wills and administration of estates Property/land Trusts Business Intellectual property Insolvency Appeals from CC

Question 51

What's a part 7 claim

Answer 51

Standard claim form issued in most disputes

Question 52

What's a part 8 claim

Answer 52

Where the cases does not involve a dispute of facts and the court is only required to to decide an issue of law E.g a meaning on a contract term

Question 53

For claims of monetary sums either specified or unspecified where should they be directed

Answer 53

CNBC Civil National Business Centre

Question 54

When is permission from the court needed to amend the claim form

Answer 54

When it has been served Needed to remove/add/substitute a party

Question 55

What is the test to remove add or substitute before the limitation period

Answer 55

It is desirable and the court needs to do so in that they can resolve the issue

Question 56

What is the test to remove add or substitute a party after the limitation period

Answer 56

The relevant limitation period was current when started & it is necessary

Question 57

Adding a Claimant to proceeding what are the requirements

Answer 57

C needs to consent and that consent needs to be filed with the court

Question 58

What is the relevant steps

Answer 58

Personal service First class post Leaving at a specific place Fax - d must have agreed If fax number on letterhead enough Email - d must have agreed Letterhead must expressly agree it Agreed method in contract

Question 59

When can service on a solicitor take place

Answer 59

If the D agrees in writing and Sol agreed to accept service

Question 60

Procedure for serving a CF outside of jurisdiction when court permission not needed

Answer 60

The standard form notice of the grounds relied upon must be filed with the CF and served in D with the CF

Question 61

Where permission from the court is needed for service outside of the jurisdiction what is the procedure

Answer 61

C filed an application with evidence with POC and any other docs and the court considers with without a hearing or notifying D

Question 62

What must the application to serve a CF outside the jurisdiction include

Answer 62

The c is within E&W C has a real prospect of success Ds address/where likely to be found

Question 63

When will the court grant service of the CF outside the jurisdiction

Answer 63

When they are satisfied E&W is the proper place to bring the claim

Question 64

Service of the CF & POC in uk and outside uk what's the difference

Answer 64

In the UK POC and CF the relevant step must have been taken within the 4 months not the deemed date of service Outside the UK CF & POC the date served must be within the 6 month limit - the certificate provided will be used

Question 65

Can service be by an alternative method or place

Answer 65

Yes with permission of the court

Question 66

Can an extension be applied for extra time for service

Answer 66

Yes c must apply to the court showing evidence and that all reasonable steps have been taken and promptly made the application

Question 67

Other documents method of service and date of deemed service (5)

Answer 67

1. 1st class/DX - 2nd business day 2. Delivering/leaving - before 4.30 that day after 4.30 next day 3. Fax - before 4.30 that day after next day 4. Email - before 4.30 that day after next day 5. Personal - before 4.30 that day after next day

Question 68

If the c serves the CF what must they file with the court and what time frame

Answer 68

Certificate of service - 21 days from POC being served Except when all Ds have acknowledged service

Question 69

Why is a certificate of service important

Answer 69

Important for obtaining judgment in default

Question 70

What will be followed if a CF is to be served outside the jurisdiction

Answer 70

Hague Service Convention in the country

Question 71

If service of a CF is proving difficult what can the C do

Answer 71

Apply to court for permission to:- Extend time Serve an alternative way Dispense with service of claim