Dispute Resolution

Question 1

where there is no contractual limitation clause, what is the longest someone can wait to bring a claim for:
1- Breach of contract?
2- Tort?

Answer 1

1- 6 years from when breach occurs

2- 6 years from when tort is committed

Question 2

What is the relevent date by which the court will assess whether the limitation period has passed?

Answer 2

the date the court receives the claim form

Question 3

What is a CFA?

Answer 3

An agreement with the lawyer for their fees and expenses to only be payable in certain circumstances. Does not cover disbursements/ costs incurred by the other side (these are still payable if the client loses)

Question 4

What are the formalities required for a CFA to be enforceable?

Answer 4

1- In writing
2- states % by which base amount will increase on success
3- not family proceedings

Question 5

What is a DBA?

Answer 5

Damages Based Agreement: fee linked to amount obtained in damages
capped at 50% of damages awarded

Question 6

What are the formalities for a DBA?

Answer 6

1- In writing

2- does not provide for a payment above prescribed amount

Question 7

How long does a defendant have to send a full response to a letter before claim in a simple breach of contract case?

Answer 7

14 days

Question 8

How long does a defendant have to send a full respond to a letter before claim in a complex breach of contract case?

Answer 8

3 months

Question 9

how long does a defendant usually have to acknowledge a letter before claim in a negligence case?

Answer 9

21 days (PN-PAP 7.1)

Question 10

What is the deemed service for a claim form?

Answer 10

on the second business day, regardless of how served

Question 11

How soon after the claim form must particulars of claim follow if issued separately?

Answer 11

14 days after deemed service (e.g. sent on 4th, deemed served on 6th, PoC must follow by 20th)

Question 12

What is the deemed service for a doc sent by 1st class post or DX?

Answer 12

Second day after posting, provided that day is a business day. If not, the following day

Question 13

What is the deemed service for a doc delivered to a permitted address?

Answer 13

that day if before 4:30. Next business day if not

Question 14

What is the deemed service for a doc sent by fax/ email/ personal service?

Answer 14

that day if before 4:30. Next business day if not

Question 15

When can default judgement be entered if claim form served with PoC?

Answer 15

15th day after deemed service of claim form

Question 16

When can default judgement be entered if claim form served after PoC?

Answer 16

15th day after deemed service of PoC

Question 17

When can the defence be filed if acknowledgement of service of particulars sent to C?

Answer 17

28 days after deemed service of PoC

Question 18

Can the court strike out a statement of case if it does not have a statement of truth?

Answer 18

Yes

Question 19

If a solicitor signs a statement of truth on behalf of a client, who could be held in contempt if there is not an honest belief in the truth of the statement? Client or Solicitor?

Answer 19

The client unless the solicitor knows it to be false

Question 20

From what point are proceedings commenced?

Answer 20

When court issues them by sealing the claim form with the court seal

Question 21

What is the deadline for serving proceedings?

Answer 21

Four months after claim form issued by the court

Question 22

When must PoC be filed with the court following service of the claim form on D?

Answer 22

7 days

Question 23

What is the deadline for filing the defence if no acknowledgement of service is sent to the claimant if:
1- PoC filed with claim form?
2- PoC filed after claim form?

Answer 23

1- 14 days beginning day after claim form deemed served

2- 14 days beginning with day after deemed service of PoC

Question 24

What is the deadline for filing the defence if acknowledgement of service is sent to the claimant

Answer 24

28 days beginning day after PoC served

Question 25

What is the maximum extension parties can agree for defence to be filed?

Answer 25

Additional 28 days (requires proof of agreement to be sent to court

Question 26

Can a defendant extend the deadline for filing the defence beyond an agreed extension made with the claimant?

Answer 26

Yes, but only by making an interim application to the court (form N244)

Question 27

When will a claim be allocated to the small claims track?

Answer 27

up to £10,000

Question 28

When will a claim be allocated to the fast track?

Answer 28

£10,000-£25,000

Question 29

When will a claim be allocated to the multi-track?

Answer 29

£25,000+

Question 30

What is Denton v White used in reference to?

Answer 30

To balance efficiency and proportionality of sanctions with the need to enforce compliancy with rules when deciding whether to grant relief from sanctions

Question 31

What is the three-stage test set out in Denton v White?

Answer 31

1- How significant/ serious was the failing? 2- Was there a good reason why the failure/ fault occurred? 3- What were the circumstances of the case?

Question 32

What docs are disclosable under CPR 31.6?

Answer 32

1- Docs on which they rely 2- Docs that adversely affect their case 3- Docs that adversely affect their opponent's case 4- Does that support their opponents case