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SQE Final revision - FLK 1 > Dispute resolution > Flashcards

Dispute resolution Flashcards

(44 cards)

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1
Q

DRES: Limitation period - Tort (Longstop latent defect; Negligence, nuisance; PI-Death

A

15
6 (date of damage suffered)
3 (knowledge)

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2
Q

DRES: Limitation period - Contract

A

6 (breach)

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3
Q

DRES: Limitation period - Defamation

A

1

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4
Q

DRES: Limitation period - Unfair dismissal

A

3 months

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5
Q

DRES: Limitation period - Under CPA: Usual/ Longstop

A

3 years of discovery, longstop – 10 years

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6
Q

DRES: Pre-action: How long defend to respond? Straightforward / Complicated cases?

A

14 days / 3 months

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7
Q

DRES: Pre-action: Personal injury protocol - monetary threshold? Which cases non applicable?

A

up to 25 000 / clinical negligence.

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8
Q

DRES: Pre-action: Personal injury protocol - how long to respond?

A

21 days + 3 months to investigate – admit or deny

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9
Q

DRES: Court Choice: What claim cost for High court / Personal injury?

A

100 000 +; or personal injury 50 000 +

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10
Q

DRES: Court Choice: In what court case is heard (depending on claimant/defendant)?

A

If defendant individual – local hearing centre. If company – Claimant`s preferred centre.

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11
Q

DRES: Court Choice: What claims are heard in CCMCC Salford?

A

Debts up to 100 000k

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12
Q

DRES: Court Choice: What claims are filed via Money Claim online?

A

Fixed amount, quick

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13
Q

DRES: Court Choice: What courts are in the High court? What is the mnemonic and meaning?

A

KFC: King`s bench; Family; Chancery

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14
Q

DRES: Court Choice: What cases are heard in King`s bench? What is the mnemonic and meaning?

A

Don’t Be Naughty, People Love Discipline.
- Defamation
- Breach of contract
- Negligence
- Personal injury
- Land
- Debts
+ Special courts (technology + Commercial)

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15
Q

DRES: Court Choice: If no law in contract / no country for jurisdiction, where case is tried?

A

No law - sales of goods – seller`s law.
No court - where goods fail, where harm lands — that’s where court stands

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16
Q

DRES: Issuing proceedings: Fee for claim (%)?

A

5 for over 10 000

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17
Q

DRES: Issuing proceedings: How many days to serve particulars?

A

14 days after claim form.

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18
Q

DRES: Service of claim: Time to serve a claim? Out of jurisdiction?

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A

4 months of the date of issue. If failed to serve – claim valid, but need to apply for extension. / 6 months (court permission required)

19
Q

DRES: Service of claim: Rules to serve individual / company?

Study These Flashcards
A

Individual - service to individual, company - senior position or partner (all partners) if partnership

20
Q

DRES: Service of claim: Deemed service date? 1st class post / Address/fax/e-mail/personal?

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A

second Business day (except Sat, Sun, bank holidays) after posted / delivered.

Else - NOT for service of claim. Other - same day if before before 4:30 (

21
Q

DRES: Responding to claim: How much time to respond? Can extend?

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A

14 days from serving particulars OR +14 if aknowledged +jurisdiction . Can extend for another 28 if party agree (Court to be notified)

22
Q

DRES: Case management: which costs ignored when calculate cost of claim?

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A

interests, costs, contributory negligence, and counterclaims

23
Q

DRES: Case management: Name thresholds for tracks in County court (general value)

Study These Flashcards
A

-10-25-100+ / PI 1.5/5 – 25 – 100+
Small: up to10 (or up to £1,500 inj, up to 5000 – road traffic).
Fast: 10-25 (or personal injury cases in excess of £5,000)
Intermediate: 25-100 (pinj – 5000+)
Multi: 100+

24
Q

DRES: Case management: Name thresholds for tracks in County court (personal injury)

Study These Flashcards
A

1.5 /5 (RTA) – 25 – 100+
Intermediate - if trial not more than 3 days, not more than 2 experts. Otherwise - to multi track

25
DRES: Disclosure: For which tracks Standard disclosure is available?
Fast and multi (personal injury)
26
DRES: Disclosure: What is the standard of search? Mnemonic?
REPOP (reasonable and proportional)
27
DRES: Trial: How to call District-Circuit-Master-High/Appeal?
Judge-Honour-Master-Lord or lady
28
DRES: Appeal: How many days and from which date?
21 days. Handed judgement
29
DRES: Appeal: Grounds of Appeal?
wrong in fact, law, or exercise of court`s direction; or decision is unjust – procedural.
30
DRES: Appeal: Possible outcomes of appeal?
Uphold, Set aside, Vary (change damages), New trial. No re-hearing
31
DRES: Appeal: How many days for leapfrog appeal?
14 days
32
DRES: Costs: What is "indemnity" PRINCIPLE?
winner can`t get more than pays to its lawyer.
33
DRES: Costs: What are 2 basses for costs assessment? And what each means?
Standard (proportionate costs), Indemnity (sanction for not following protocol, etc)
34
DRES: Costs: How many days to pay costs awarded?
14 days of costs certificate
35
DRES: Part 36 offers: Minimum timelines for offer? When not available?
21 days / Small claims
36
DRES: Part 36 offers: Claimant won and was right to reject - what is the effect of offer?
no effect.
37
DRES: Part 36 offers: Claimant won but was wrong to reject - what is the effect of offer?
defendant gets its costs from end of relevant period
38
DRES: Part 36 offers: Defendant accepts Claimants offer - what is the effect of offer?
liable for Claimant`s costs up to date offer accepted.
39
DRES: Part 36 offers: Defendant lost and wrong to reject - what is the effect of offer?
Pays indemnity costs, interest, and extra damages (10-5%, up to £75,000)
40
DRES: Enforcement: High court interest? (%)
8
41
DRES: Enforcement: County court interest? (%)
over 5000 - 8%
42
DRES: Enforcement: If High court takes control of goods - it is ...? If County - it is...?
Writ / Warrant
43
DRES: in civil aid, what are the limits for disposable income/capital
733/8000
44
DRES: What court should be satisfied to set aside default judgement?
Real prospect OR another good reason

SQE Final revision - FLK 1 (8 decks)

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