Dispute Resolution Flashcards
(12 cards)
What is the deadline for service of the claim form upon the defendant?
Within four months of the date of ISSUE.
NOTE: This is not the two week deadline. That refers to the period that the claimant has available to serve Particulars of Claim following service of the claim form
What is a witnesses evidence-in-chief?
Generally, their signed written statements stands as their evidence-in-chief and there is no need for the witness to give their evidence orally, although they may be subject to cross-examination and re-examination.
When must Direction Questionnaires be filed?
Within 28 days of the date of service of the order.
The parties may not agree otherwise.
When and who must file a costs budget?
For cases in which less than £50,000 is sought, the requirement is for both parties to file their budget with the Directions Questionnaire.
Both parties must simultaneously file their budgets 21 days before the first case management conference when the case involves a claim of £50,000 or more
When must trial bundels be filed?
The claimant must prepare the trial bundles to be filed between three and seven days before the trial is to take place.
How should a solicitor respond to allegations in claims (i.e., admit, deny, or non-admission)
Truthfully.
When must a personal representative start proceedings on account of the decedent’s death?
Within three years from the date of death or three years from the date the personal representative obtained knowledge of the death
How long does a defendant have to respond to a letter of claim under the PI protocol?
Within 21 days, indicating whether they intend to admit or deny the claim.
What happens if a claimant rejects a defendant’s Part 36 offer and beats the offer?
The defendant will be required to pay the claimant’s costs of the entire proceeding on the standard basis
A motorcyclist suffered severe injuries in a multi-vehicle accident, and blames a car driver of negligence. The car driver’s insurers instruct solicitors who incur significant costs investigating the claim, and they discover the accident was actually caused by a negligent van driver.
The motorcyclist accepted that the van driver was at fault, and the van driver’s insurers accepted liability + settle the claim.
Can the car driver’s insurer recover any of their costs from the claimant or the responsible party?
No, the insurers cannot recover any of the cost from either of the other parties involved in the accident.
Generally, if a claimant decides not to continue a claim before proceedings have been issued (but after protocol has been followed/costs incurred), it is unlikely that the defendant will be able to recover any costs.
NOTE: If proceedings had been issued and the claim stayed to allow the parties to comply with the protocols, an award to recover some of the wasted costs of complying with the protocols is more likely.
If the parties’ respective experts are required to hold a joint discussion regarding their differing conclusions, how should this be conducted?
Only the experts will attend the meeting.
The court requires the experts to try to agree where possible and, where not possible, to set out clearly the areas of disagreement with reasons why (filing a joint statement).
