Disputes Flashcards

Question

What allows parties to choose the arbitrator(s)?

Answer 1

The wording of any arbitration clause ## Footnote This can lead to better-suited arbitrators for the dispute.

Answer 2

Arbitrators are often experts in the relevant field or profession ## Footnote This can lead to more informed decisions.

Answer 3

Flexibility in choosing the procedure ## Footnote Parties could agree to limit appeals, for example.

Answer 4

An arbitrator’s powers are not as wide as those of the court ## Footnote For example, an arbitrator cannot grant freezing orders.

Answer 5

No, it will not necessarily preserve a commercial relationship ## Footnote The process is contentious, leading to one party winning and the other losing.

Answer 6

Yes, they can be as lengthy as litigation ## Footnote There are usually detailed arbitration rules and processes to follow.

Answer 7

Arbitrators and venues must be paid for privately ## Footnote Judges and courts are funded publicly.

Answer 8

No, third parties cannot be added ## Footnote This is different from litigation where it is possible.

Answer 9

Arbitration Act ss 5 and 6 ## Footnote Specifically, it should be in writing and refer to present and future 'disputes' to arbitration.

Answer 10

Claims or cases ## Footnote The Arbitration Act specifically uses the term 'disputes'.

Answer 11

The arbitration clause is severed from the rest of the contract ## Footnote A dispute over the validity of a contract does not affect the validity of the arbitration clause.

Answer 12

The place agreed by the parties as its legal location ## Footnote It is not necessarily where hearings take place.

Answer 13

The seat of arbitration ## Footnote The seat becomes relevant for local court rulings on various issues.

Answer 14

It is often chosen as a neutral jurisdiction ## Footnote Local laws and courts may not be perceived as robust and impartial.

Answer 15

The law that governs the substance of the dispute ## Footnote For example, the governing law could be English law while the seat is in Switzerland.

Answer 16

Take steps to dispute the court’s jurisdiction ## Footnote This includes filing an acknowledgement of service and an application notice.

Answer 17

Check the clause meets the requirements of Arbitration Act ss 5 and 6 ## Footnote Ensuring a valid and binding arbitration clause is in place.

Answer 18

14 days ## Footnote This is from the deemed service of the particulars of claim.

Answer 19

An application notice under CPR r 62.8 ## Footnote This is done under the Arbitration Act s 9(1).

Answer 20

Evidence and a draft order ## Footnote Evidence includes the contract with the valid arbitration clause and a witness statement.

Answer 21

Mandatory provisions according to s 4(1) ## Footnote All other provisions are optional, allowing parties to agree on their own terms.

Answer 22

Provide the other side with notice and details of the dispute ## Footnote This must comply with any arbitration clause.

Answer 23

Set out in the contract or governed by Arbitration Act ss 16–18 ## Footnote If not specified in the contract, the statutory provisions apply.

Answer 24

* Explain the rules/procedures * Set out the timetable * Deal with the approach to disclosure and evidence ## Footnote The arbitrator/s (the tribunal) is entitled to decide on procedural matters.

Answer 25

All procedural and evidential matters unless agreed otherwise ## Footnote This includes locations, dates of hearings, and the form of statements.

Answer 26

Set timeframes (and extensions) for compliance with its directions ## Footnote Refer to s 34(3) for details.

Answer 27

Unless the parties agree otherwise ## Footnote The tribunal may appoint experts or legal advisors to assist on technical matters.

Answer 28

Order the claimant to provide security for costs ## Footnote This is outlined in s 38(3).

Answer 29

Do all things necessary for the proper and expeditious conduct of the proceedings ## Footnote This includes complying with the tribunal's directions and orders.

Answer 30

True ## Footnote The tribunal decides whether to apply strict rules of evidence.

Answer 31

the tribunal ## Footnote This term is used interchangeably with 'arbitrator/s'.

Answer 32

The tribunal may dismiss that party’s case or continue proceedings without that party's involvement ## Footnote Refer to s 41(3) for details.

Answer 33

Orders that result in sanctions for further failure to comply ## Footnote See s 41(5)–(7) for specifics.

Answer 34

By application to the court ## Footnote Refer to s 42.

Answer 35

The court may make orders such as: * taking witness evidence * preserving evidence * inspections of property * selling goods subject to proceedings * granting interim injunctions * appointing a receiver ## Footnote Details can be found in s 44(2).

Answer 36

On the application of a party unless the parties agree otherwise ## Footnote Refer to s 45(1)–(2).

Answer 37

Hearings are usually held in private and can be adversarial or inquisitorial ## Footnote Adversarial involves each party conveying arguments, while inquisitorial involves the tribunal actively questioning.

Answer 38

They may request the tribunal to terminate proceedings and record the settlement in the form of an award ## Footnote Refer to s 51(2).

Answer 39

The tribunal may: * award payment of a sum of money * order a party to do (or refrain from doing) something * make an order for specific performance (excluding land contracts) * rectify or set aside a deed or document ## Footnote See s 48(5) for details.

Answer 40

By service of copies of the award on them ## Footnote Refer to s 55(2).

Answer 41

The delivery of an award ## Footnote Refer to s 56(1).

Answer 42

Awards are final and binding on the parties ## Footnote See s 58(1) for more information.

Answer 43

By an application to court ## Footnote Refer to s 66.

Answer 44

The tribunal may direct that the recoverable costs be limited to a specified amount ## Footnote See s 65(1).

Answer 45

Inform the court if relevant, and formalise the agreement into a consent/Tomlin order ## Footnote This is crucial for legal documentation.

Answer 46

Three grounds: * Challenge to substantive jurisdiction * Serious irregularity * Appeal on a point of law ## Footnote Serious irregularity must cause substantial injustice

Answer 47

An irregularity in the proceedings that has caused or will cause substantial injustice ## Footnote This is outlined in section 68 of the Arbitration Act

Answer 48

Non-mandatory ## Footnote Parties may exclude appeals on a point of law beforehand

Answer 49

They cannot appeal under section 69 ## Footnote This is related to the agreement under section 52

Answer 50

28 days from the date of the award ## Footnote The date of the award is when it is signed by the arbitrator (s 54(2))

Answer 51

Factors include: * Nature of the dispute * Costs * Time efficiency * Confidentiality * Expertise of arbitrators ## Footnote The choice may not always be available to parties

Answer 52

Can be quicker and cheaper than litigation ## Footnote Especially if the parties decide on rules such as limited disclosure of documents and disallowing appeals, which can save time and expense.

Answer 53

A legally correct solution ## Footnote Statute and precedent assist in predicting outcomes, potentially leading to early settlement.

Answer 54

Litigation is public and may not be appropriate for sensitive matters

Answer 55

Join third parties without their consent ## Footnote CPR Pt 20.

Answer 56

Parties can decide the rules to some extent

Answer 57

Wide range of remedies, including: * Freezing orders * Orders for specific performance

Answer 58

United Nations Convention on the Recognition and Enforcement of Foreign Arbitral Awards ## Footnote Opened for signature on 10 June 1958, 330 UNTS 3 (entered into force 7 June 1959) (New York Convention).

Answer 59

Extensive rights to appeal reduce likelihood of irregularities and bias

Answer 60

Experts, which may be appropriate for technical matters

Answer 61

Courts are more likely to promote early settlement between the parties

Answer 62

Jurisdiction clauses

Answer 63

Determine whether the client has the most appropriate mechanism for enforcing their rights

Answer 64

If the counterparty only has assets in a jurisdiction that would not enforce an English or Welsh court order

Answer 65

Legal rights that can be enforced effectively in a relevant jurisdiction

Answer 66

A voluntary process where a neutral person acts as a negotiator between the parties. ## Footnote Mediation discussions are conducted without prejudice.

Answer 67

Mediation is a private process and does not involve a decision-making power from the mediator. ## Footnote In arbitration, an arbitrator makes binding decisions.

Answer 68

They are conducted without prejudice. ## Footnote This means that concessions made cannot be used against a party in future proceedings.

Answer 69

Who will act as the mediator. ## Footnote The mediator is typically a neutral third party.

Answer 70

* Without prejudice discussion * Confidentiality * Flexibility with process

Answer 71

False ## Footnote The mediator does not have the power to make decisions; they only facilitate negotiations.

Answer 72

It may help maintain a commercial relationship if a settlement is negotiated. ## Footnote This is particularly beneficial in ongoing business partnerships.

Answer 73

It may take just a day or two. ## Footnote This speed can be advantageous compared to court proceedings.

Answer 74

It typically requires less time and resources compared to litigation. ## Footnote This makes it a more accessible option for resolving disputes.

Answer 75

Parties must consider Alternative Dispute Resolution (ADR), with mediation being one of the most common forms. ## Footnote This encourages parties to explore options before going to court.

Answer 76

Even a failed mediation can provide potential benefits. ## Footnote These benefits may include demonstrating good faith efforts to the court and gaining insights into the opposing party's case.

Answer 77

Early mediation can be beneficial for two main reasons: * Compliance with PDPAC * Gaining insights about the other side's case or tactics ## Footnote Compliance with PDPAC can provide costs protection under CPR r 44.2.

Answer 78

It demonstrates that the party has attempted mediation in good faith. ## Footnote This can influence the court's view on costs protection.

Answer 79

The client may learn something new about the other side’s case or tactics. ## Footnote This knowledge can better inform them when court proceedings commence.

Answer 80

False. ## Footnote Even doubts about success do not negate the potential benefits of mediation.

Answer 81

Uncertainty about reaching an agreement ## Footnote The outcome may only be a compromise at best.

Answer 82

As a delaying tactic or to appear co-operative to the court ## Footnote This indicates a lack of genuine desire to settle.

Answer 83

No ## Footnote Mediation might not be suitable for resolving complex legal or technical issues.

Answer 84

1. Mediator explains their role and procedure 2. Joint session for airing grievances 3. Separate rooms for shuttle diplomacy 4. Direct meeting for agreement ## Footnote Each stage involves specific interactions between the mediator and the parties.

Answer 85

Mediator explains their role and the standard mediation procedure ## Footnote This sets the groundwork for the mediation process.

Answer 86

Joint or plenary session where both parties air grievances and state positions ## Footnote This is the initial meeting where issues are discussed openly.

Answer 87

Separate rooms for shuttle diplomacy ## Footnote The mediator moves between rooms to facilitate discussions.

Answer 88

To invite both parties to meet directly again and agree on a solution ## Footnote This stage aims to finalize the agreement if there is a convergence.

Answer 89

Legal representation, typically solicitors ## Footnote Barristers do not usually attend mediation.

Answer 90

To provide advice as needed, not to negotiate settlements ## Footnote Lawyers assist their clients without engaging in negotiations.

Answer 91

Lawyers draft a formal settlement document for parties to sign ## Footnote This formalizes the agreement before the parties leave.

Answer 92

Mediations generally take place over one day and often continue well into the night.

Answer 93

No party wants to appear desperate to settle, which can hinder meaningful progress towards compromise.

Answer 94

There is a strong incentive to negotiate and conclude a full written settlement agreement on the same day.

Answer 95

Settlement terms agreed at a mediation will not be binding until in writing and signed.

Answer 96

Compromises reached in principle might not hold once the parties have time to sleep on them and reconsider.

Answer 97

Mediations generally take place over one day and often continue well into the night.

Answer 98

No party wants to appear desperate to settle, which can hinder meaningful progress towards compromise.

Answer 99

There is a strong incentive to negotiate and conclude a full written settlement agreement on the same day.

Answer 100

Settlement terms agreed at a mediation will not be binding until in writing and signed.

Answer 101

Compromises reached in principle might not hold once the parties have time to sleep on them and reconsider.

Answer 102

An independent expert provides a non-binding and confidential assessment of the dispute. ## Footnote This approach helps focus minds early on and can promote settlement discussions.

Answer 103

An independent expert is chosen by the parties, and the decision can be legally binding if agreed upon. ## Footnote This method is suitable for complex and technical issues, such as asset valuation.

Answer 104

A neutral moderator presides over a panel of representatives from each side to hear representations and attempt to reach a negotiated settlement. ## Footnote This process is not legally binding.

Answer 105

Yes, disputes may be settled at any time through without prejudice negotiations. ## Footnote These discussions cannot be used in formal disputes, maintaining confidentiality.

Answer 106

A legal principle that protects statements made during without prejudice discussions from being used in court. ## Footnote This encourages open discussions and compromise proposals.

Answer 107

False. ## Footnote Expert determination is not suitable for complex legal issues that require witness credibility testing.

Answer 108

You should recommend the form of dispute resolution which is in the best interests of your client.

Answer 109

You must consider and take account of your client’s attributes, needs and circumstances in considering whether a form of ADR might be appropriate for your client.

Answer 110

You must give your client enough information about all available methods of dispute resolution.

Answer 111

* ADR * Arbitration * Litigation

Answer 112

A case analysis ## Footnote This ensures that no key issue is missed.

Answer 113

They can impact all other elements, including cause(s) of action, jurisdiction, governing law, limitation, available remedies, and enforceability.

Answer 114

* Individuals in their personal capacity * Companies * Limited liability partnerships * General partnerships/‘firms’ * The Crown * Individuals in their capacity as office holders * Individual and corporate trustees ## Footnote The list includes various forms of legal entities and roles within legal proceedings.

Answer 115

all other elements

Answer 116

False ## Footnote A trust does not have any legal personality.

Answer 117

Liquidators, trustees in bankruptcy, administrators of an estate ## Footnote These roles involve individuals managing specific legal responsibilities.

Answer 118

When there are just two parties to a written contract

Answer 119

It may not be clear which entity your client was dealing with

Answer 120

To establish which entity holds the rights that could establish a cause of action

Answer 121

It could lead to no claim being made

Answer 122

The defendant may apply to have the claim struck out

Answer 123

The opportunity to claim may be lost

Answer 124

Your client may be ordered to pay their opponent’s wasted costs

Answer 125

The transfer of rights to another party, allowing the assignee to have the cause of action if the assignment is valid.

Answer 126

The transfer of obligations under a contract to another party, which can occur formally or informally.

Answer 127

The legality of the transfers must be considered.

Answer 128

The original signatories to the contract.

Answer 129

Agents may act on behalf of others, and their principals can be parties to claims.

Answer 130

The legal responsibility of employers or principals for the acts of their employees or agents.

Answer 131

There is a direct legal relationship between the principal and the third party, making the agent generally not liable.

Answer 132

The party has the right to elect whether to sue the agent or the principal.

Answer 133

Yes, depending on which parties are claimants and defendants.

Answer 134

A breach of contract claim between two companies and a negligence claim between connected companies arising out of the same facts.

Answer 135

An individual director that signs a contract on behalf of a company would not be the correct claimant; it would be the company itself. ## Footnote This highlights the principle that the entity making the claim must be the one that holds the rights under the contract.

Answer 136

The claim will include them all, based on alleged joint liability or as a succession of alternative claims. ## Footnote This approach ensures that all relevant parties are accounted for in the legal proceedings.

Answer 137

Considerations include: * Location of the parties * Likelihood of insurance * Solvency of the parties ## Footnote These factors can greatly influence the viability and potential outcomes of a claim.

Answer 138

A victory that comes at such a significant cost to the victor that it is almost tantamount to defeat. ## Footnote In legal contexts, it refers to a situation where a successful claim does not recover legal costs.

Answer 139

As the case develops and new facts emerge, the analysis may need to be updated. ## Footnote This ensures that all developments are considered in the legal strategy.

Answer 140

To keep track of all relevant parties and their roles, especially when briefing others about the case. ## Footnote This document can clarify the connections and roles of individuals involved in the case.

Answer 141

An individual can act for themselves in one situation and as an agent for another party in another. ## Footnote For example, a company director acting on behalf of a company versus acting personally.

Answer 142

You must ascertain: * Events that form the basis for a claim * Matters that could affect its prospects, including potential defenses. ## Footnote This helps in understanding both sides of the dispute.

Answer 143

It is essential for initial case analysis and identifying gaps in the story that require further information. ## Footnote A structured approach helps maintain clarity and thoroughness in legal analysis.

Answer 144

The timing of events is usually relevant to the analysis of a claim. ## Footnote This assists in understanding the sequence and implications of events as they relate to the case.

Answer 145

Update the chronology as the case develops. ## Footnote This maintains it as a central reference point and helps identify inaccuracies in initial information.

Answer 146

An extremely valuable resource. ## Footnote It aids in keeping track of developments and ensuring comprehensive analysis.

Answer 147

A cause of action ## Footnote A cause of action must be established based on the facts of a given case.

Answer 148

* Breach of contract * Negligence * Misrepresentation

Answer 149

Economic torts ## Footnote This includes procuring a breach of contract and other similar actions.

Answer 150

Companies Act 2006 ## Footnote Specifically, section 994 outlines shareholder claims.

Answer 151

Defamation/malicious falsehood

Answer 152

Required elements ## Footnote These elements can vary in complexity and may require consideration of leading cases and statutes.

Answer 153

Trespass to land or to goods

Answer 154

* Shareholder claims under s 994 of the Companies Act 2006 * Unfair prejudice claims

Answer 155

* Breach of contract * Negligence

Answer 156

A breach of contract occurs when one party fails to fulfill their contractual obligations

Answer 157

A contractual relationship between the parties

Answer 158

Written or oral contracts

Answer 159

Express terms and any implied terms

Answer 160

Terms implied by law into contracts for the sale of goods or supply of services

Answer 161

Which terms have been breached and whether they are a condition, warranty, or innominate term

Answer 162

It is relevant to the potential remedies for breach

Answer 163

Relevant defences such as clauses limiting or excluding liability

Answer 164

Negligence is a form of tort involving a breach of a legal duty of care resulting in damage

Answer 165

Duty of care, breach, damage, causation, remoteness

Answer 166

A legal obligation owed to the claimant by the defendant

Answer 167

Whether there was a breach of the duty of care by the defendant

Answer 168

Any damage or loss incurred by the claimant

Answer 169

A link between the breach by the defendant and the damage or loss incurred

Answer 170

Whether the damage caused was reasonably foreseeable

Answer 171

The damage will not be recoverable

Answer 172

Relevant defences such as contractual limitations or exclusions on liability

Answer 173

[condition, warranty, innominate]

Answer 174

The following factors should be considered: * Evidence provided by the client * Evidence provided by the other side * Further evidence obtainable by the other side or a third party * Evidence needed by the client to prove their case * Potential evidence that could weaken the client's case ## Footnote This question outlines the various aspects of evidence that are crucial in legal proceedings.

Answer 175

Understanding the relevant jurisdiction and governing law is crucial for legal proceedings ## Footnote Jurisdiction refers to the authority of a court to hear a case, while governing law determines which laws apply to a case.

Answer 176

Separate issues in legal analysis ## Footnote Governing law refers to the legal system that will apply to a contract, while jurisdiction pertains to the authority of a court to hear a case.

Answer 177

Certainty in one does not equate to certainty in the other ## Footnote Confusion can arise when analyzing contracts with both clauses.

Answer 178

What was the subject matter of the contract? ## Footnote Example: supply of services.

Answer 179

Was it with a consumer? ## Footnote The nature of the parties can affect jurisdiction and governing law.

Answer 180

Is it a written contract and does it have a governing law clause? ## Footnote Written contracts often specify governing law.

Answer 181

Is there a jurisdiction clause? ## Footnote This clause specifies which court has authority over disputes.

Answer 182

Exclusive or non-exclusive jurisdiction clauses ## Footnote Exclusive clauses limit jurisdiction to one court, while non-exclusive allows for multiple courts.

Answer 183

Is there a binding arbitration clause? ## Footnote This clause may require disputes to be resolved through arbitration rather than court.

Answer 184

Is there an escalation process for disputes? ## Footnote This may involve negotiation or mediation before litigation.

Answer 185

Where are the parties based? ## Footnote The location of the parties can influence jurisdiction.

Answer 186

Where was performance (or anticipated performance) of the contract? ## Footnote This helps establish jurisdictional ties.

Answer 187

Where are/were those goods located? ## Footnote The location can affect jurisdiction and governing law.

Answer 188

Where did the relevant events occur and where was damage suffered? ## Footnote These factors help determine jurisdiction.

Answer 189

It is time-barred, providing the defendant with a complete defense.

Answer 190

6 years from breach.

Answer 191

6 years or, if later, 3 years from the date of knowledge, with a 15-year long stop.

Answer 192

Unlimited.

Answer 193

Unlimited.

Answer 194

3 years or, if later, 3 years from the date of knowledge of certain material facts, with a long stop of 10 years.

Answer 195

One year, which can be extended by the court under s 7(5)(a) of that Act ## Footnote This limitation period differs from those established by the Limitation Act 1980.

Answer 196

3 months, as stated in CPR r 54.5(1) ## Footnote This is a specific limitation period that applies to judicial review cases.

Answer 197

Any contractual limitation clause or waiver ## Footnote Parties may agree on different limitation periods in contracts.

Answer 198

3 years instead of 6 years ## Footnote This alternative is often negotiated by the parties involved.

Answer 199

* Unfair Contract Terms Act 1977 * Consumer Rights Act 2015 ## Footnote These acts provide protections against unfair contractual terms.

Answer 200

False ## Footnote It is relatively common practice in such transactions.

Answer 201

one year ## Footnote This period can be extended by the court.

Answer 202

The claim becomes time barred, potentially leading to a significant claim for damages against the advisor.

Answer 203

Calendar reminders for you and your colleagues.

Answer 204

The day when the cause of action in question accrues.

Answer 205

The date of breach, regardless of awareness or damage.

Answer 206

The date any loss/damage was suffered.

Answer 207

15 years from the date of the negligent act or omission.

Answer 208

Limitation Act 1980 s 14B.

Answer 209

It is generally excluded unless it accrues at midnight.

Answer 210

The day immediately following midnight is included in the calculation.

Answer 211

When the claimant could not discover the material facts until a later date.

Answer 212

Can be extended to 3 years from the earliest date the claimant had the necessary knowledge.

Answer 213

* The material facts about the relevant damage * That the damage was attributable to the allegedly negligent act or omission * The identity of the defendant.

Answer 214

Knowledge which the claimant might reasonably have been expected to acquire from observable facts or expert advice ## Footnote This type of knowledge does not require full details but rather the factual essence necessary to investigate further.

Answer 215

15 years from the date of the negligent act or omission ## Footnote This is governed by s 14B.

Answer 216

3 years from the date the cause of action accrued or 3 years from the date of knowledge of the injured person ## Footnote This is outlined in s 11.

Answer 217

In a manner similar to latent damage negligence claims ## Footnote Refer to s 14 for details.

Answer 218

Yes, at the discretion of the court ## Footnote This is stated in s 33.

Answer 219

It starts when the claimant discovers or could reasonably have discovered the fraud or concealment ## Footnote This is specified in s 32.

Answer 220

The concealed facts must be essential to the cause of action ## Footnote This means that without these facts, the claim would not stand.

Answer 221

A claim against a professional adviser for breach of duty could be time-barred, but a claim in negligence might still be valid if the claimant recently became aware of the issue ## Footnote This is related to s 14A.

Answer 222

By issuing a claim form with the court within the limitation period ## Footnote This initiates the formal legal process.

Answer 223

An agreement to pause the limitation period for a dispute ## Footnote It allows the defendant not to rely on a limitation defense if a claim is issued within the agreed timeframe.

Answer 224

To avoid the claimant having to issue court proceedings before the limitation deadline ## Footnote This can facilitate ongoing pre-action correspondence or negotiations.

Answer 225

It should be expressed in clear terms and documented in writing ## Footnote Ambiguities may render the agreement ineffective.

Answer 226

A claim form issued to prevent a claim from becoming time-barred ## Footnote This is necessary when a limitation deadline is approaching.

Answer 227

Usually 4 months ## Footnote If not served in this period, the claim may expire.

Answer 228

To stay the proceedings for a period of time, subject to court approval ## Footnote This typically occurs when pre-action correspondence or settlement negotiations are ongoing.

Answer 229

Acknowledgment of the claimant’s claim or making a payment in respect of the claimant’s claim ## Footnote Limitation Act 1980 ss 29–31

Answer 230

It must be in writing and signed ## Footnote Signed includes where a name is typed (s 30)

Answer 231

It is treated as having restarted from the date of the acknowledgment or part payment

Answer 232

No, it will not be effective if it has already expired (s 29(7))

Answer 233

The Limitation Act 1980 does not apply time limits, but courts use time limits by analogy

Answer 234

6-year limitation period, by analogy with the limitation period in s 5

Answer 235

It requires claimants to pursue remedies without unreasonable delay

Answer 236

Put the injured party into the position they would have been in had the contract been properly performed

Answer 237

Causation and loss, valid liquidated damages clause, measure of damages, and remoteness ## Footnote Consideration includes expectation loss, interest/reliance loss, or interest/restitution loss

Answer 238

To place the claimant in the position they would have been in had the tort not been committed

Answer 239

Specific performance, rescission, or an injunction

Answer 240

Consider: * who they are, including their legal capacity * where they are based * if a limited company, whether they are solvent * whether they have accessible assets ## Footnote Investigating these factors is crucial for assessing the viability of a claim.

Answer 241

It helps avoid spending substantial sums suing a defendant who may not have material assets. ## Footnote A successful claim against a company without assets may not achieve the client's objective.

Answer 242

On the Companies House website in the company’s annual filed accounts. ## Footnote This information may not be fully up to date.

Answer 243

Important information on individuals. ## Footnote This can be useful in assessing a defendant's financial situation.

Answer 244

Obtain advice from local solicitors at an early stage. ## Footnote This is important for understanding the enforceability of UK court orders or arbitral awards.

Answer 245

Whether they own their property and if there is a mortgage on it. ## Footnote This can indicate the defendant's financial situation.

Answer 246

False. ## Footnote It should not be treated as current financial information.

Answer 247

Conflicts of interest ## Footnote Ensure the firm has not represented another party in the same matter or is otherwise involved in a conflict.

Answer 248

Engagement letter ## Footnote It outlines the basis for charging and various terms of instruction.

Answer 249

10–30% ## Footnote Clients remain responsible for this excess amount.

Answer 250

'No win, no fee' agreements ## Footnote Fees are conditional on the client's success.

Answer 251

No fees or reduced fees are due ## Footnote If the client wins, fees plus a percentage success fee become payable.

Answer 252

Informed consent ## Footnote Based on a detailed risk assessment.

Answer 253

A percentage of the damages ## Footnote This cannot be higher than 50% and must be lower in personal injury and employment tribunal cases.

Answer 254

A general policy against the risk of future claims ## Footnote Often found in motor or home insurance policies.

Answer 255

Insurance taken out after a dispute has arisen ## Footnote Covers the cost of litigating that claim.

Answer 256

Highly unusual to recover costs ## Footnote Even if awarded costs, recovery is not common.

Answer 257

If the policy was taken out before 1 April 2013 ## Footnote There are exceptions, such as defamation claims.

Answer 258

Preserve any documentation that could possibly be relevant, including electronic documents. ## Footnote This includes emails, text messages, and online calendars.

Answer 259

As soon as litigation is contemplated. ## Footnote This is crucial to ensure compliance with disclosable document preservation.

Answer 260

Electronic documents that would otherwise be deleted according to a retention policy or in the ordinary course of business. ## Footnote This includes communications and records pertinent to the case.

Answer 261

More stringent requirements for both clients and legal representatives. ## Footnote Refer to CPR Practice Direction 57AD, paras 3 and 4 for specifics.

Answer 262

Ensure relevant evidence is preserved and suspend any processes that would destroy historic documents. ## Footnote This action is essential to maintain the integrity of potential evidence.

Answer 263

Advise the client not to increase the documents they might have to search and disclose unnecessarily. ## Footnote This includes avoiding creating new documents or bringing in documents from third parties.

Answer 264

To reflect the principles of the Welsh Language Act 1993 and the Welsh Language (Wales) Measure 2011 regarding language equality in justice administration. ## Footnote This ensures both English and Welsh are treated equally in legal contexts in Wales.

Answer 265

The parties or their legal representatives must inform the court so appropriate arrangements can be made. ## Footnote This applies to hearings and documents presented in Welsh.

Answer 266

Yes, documents can be in English or Welsh. ## Footnote Parties must inform the court if a Welsh document will be presented.

Answer 267

A costs order may be made against that party or their legal representative. ## Footnote This serves as a penalty for non-compliance with the Practice Direction.

Answer 268

6 years ## Footnote Limitation period starts from the date of breach of contract.

Answer 269

12 years ## Footnote Limitation period starts from the date of breach of contract.

Answer 270

6 years ## Footnote Usually starts from the date when damage is suffered.

Answer 271

6 years ## Footnote Usually starts from the date when damage is suffered.

Answer 272

3 years ## Footnote Starts from the date of relevant knowledge.

Answer 273

15 years ## Footnote Starts from the date of negligent act or omission.

Answer 274

3 years ## Footnote This period can be extended by the court.

Answer 275

Whether English and Welsh law applies to the dispute and which court or tribunal has jurisdiction.

Answer 276

Seek advice from a lawyer qualified to advise on the relevant foreign law.

Answer 277

No, English and Welsh law is not always supreme.

Answer 278

Advising clients on foreign law.

Answer 279

The SRA Code of Conduct.

Answer 280

When expert evidence on the foreign law is required and applied to the substance of the dispute.

Answer 281

Procedural matters.

Answer 282

The courts of a foreign country or an arbitral tribunal.

Answer 283

English and Welsh law.

Answer 284

The withdrawal of the UK from the European Union (EU).

Answer 285

The UK-EU transition period.

Answer 286

No, they are different and treated separately.

Answer 287

A contract between two or more parties.

Answer 288

An alleged breach of contract.

Answer 289

The date of the contract.

Answer 290

The date of any subsequent breach or event.

Answer 291

Rules derived from either statute or common law ## Footnote The applicable law depends on the nature of the contract.

Answer 292

Convention on the law applicable to contractual obligations [1980] (Rome Convention) ## Footnote Official Journal L 266/1.

Answer 293

Regulation (EC) No 593/2008 (Rome I) ## Footnote This includes case law from the Court of Justice of the European Union (CJEU) up to 31 December 2020.

Answer 294

The substantive rules under Rome I have been retained as they were at the end of the UK-EU transition period ## Footnote Referenced in European Union (Withdrawal) Act 2018 s 3.

Answer 295

Rules applicable to contractual claims pre-1 April 1991 ## Footnote Focus is on contracts post-1 April 1991.

Answer 296

No, it did not significantly alter the rules ## Footnote Differences should be considered for pre-17 December 2009 contracts.

Answer 297

Yes, they are materially the same ## Footnote Subject to minor exceptions.

Answer 298

They follow the same numbering as Rome I ## Footnote References to article numbers are used interchangeably.

Answer 299

UK law may move away from Rome I over time ## Footnote This may involve changes in court interpretation and government legislation.

Answer 300

No, they are applied regardless of any connection ## Footnote This includes the possibility of laws from Japan or the United States being applicable.

Answer 301

Respect for party autonomy

Answer 302

Through a governing law or applicable law clause in a written agreement

Answer 303

Yes, through interconnected contracts or other circumstances

Answer 304

No, it is not absolute

Answer 305

Laws of the other country that cannot be derogated by agreement will still apply

Answer 306

EU law from which parties cannot derogate by agreement will still apply

Answer 307

The 'other country' becomes the UK and/or one or more EU member states with retained EU law

Answer 308

Relevant non-derogable retained EU law would apply in addition to Australian law

Answer 309

Provisions crucial for safeguarding public interests applicable regardless of the chosen law

Answer 310

If they would render performance of a contract unlawful

Answer 311

Refuse to apply elements of the chosen applicable law

Answer 312

Limits the choice of applicable laws to countries with some connection to the contract

Answer 313

The type of contract ## Footnote The rules vary depending on the nature of the contract as outlined in art 4.

Answer 314

Where the seller has their habitual residence.

Answer 315

Where the auction takes place.

Answer 316

Where the service provider has their habitual residence.

Answer 317

Where the property is situated.

Answer 318

Where the landlord has their habitual residence, provided the tenant is a natural person and has their habitual residence in the same country.

Answer 319

Where the franchisee has their habitual residence.

Answer 320

Where the distributor has their habitual residence.

Answer 321

It governs the rules of the market.

Answer 322

The law of the country where the party required to effect the 'characteristic performance' of the contract has their habitual residence.

Answer 323

An override for contracts that are 'manifestly more closely connected' with another country.

Answer 324

The applicable law is the law of the country with which the contract 'is most closely connected'.

Answer 325

service provider

Answer 326

The type of contract and the habitual residence of the parties involved.

Answer 327

The place of central administration ## Footnote This includes limited liability partnerships.

Answer 328

Their principal place of business.

Answer 329

At the time the contract is entered into.

Answer 330

* Carriage contracts * Consumer contracts * Insurance contracts * Employment contracts

Answer 331

The law of the country of the habitual residence of the carrier, provided certain conditions are met.

Answer 332

Limited to the laws of the country where: * The passenger has their habitual residence * The carrier has their habitual residence * The carrier has their place of central administration * The place of departure * The place of destination

Answer 333

The law of the country where the passenger has their habitual residence applies.

Answer 334

The laws of the country in which the consumer has their habitual residence.

Answer 335

Yes, but it cannot deprive a consumer of mandatory legal protections.

Answer 336

Different rules apply depending on the type of insurance contract.

Answer 337

They can choose the applicable law, but cannot deprive an employee of mandatory protections.

Answer 338

It governs interpretation, performance, breaches, extinguishing obligations, and invalidity consequences.

Answer 339

Under the law that would apply if the term or contract were valid.

Answer 340

If the requirements of the laws of either country where the relevant parties were present are satisfied.

Answer 341

* Revenue, customs and administrative matters * Family law issues * Matrimonial property, wills, succession * Arbitration agreements * Company law issues * Obligations prior to contract * Evidence and procedure

Answer 342

Claims that arise when a legal obligation is alleged but no contract exists, largely tortious claims.

Answer 343

The date on which the events giving rise to damage occurred.

Answer 344

Previous common law rules.

Answer 345

Private International Law (Miscellaneous Provisions) Act 1995.

Answer 346

Regulation (EC) No 864/2007 (Rome II).

Answer 347

They have been retained as they were at the end of the UK-EU transition period.

Answer 348

The applicable law is the law of the country where the events constituting the tort occurred.

Answer 349

The law of the country where the individual was when they sustained the injury.

Answer 350

The law of the country where the property was when it was damaged.

Answer 351

The law of the country in which the most significant element or elements of those events occurred.

Answer 352

When it is substantially more appropriate for the applicable law to be that of a country other than that under the general rule.

Answer 353

It remains in force.

Answer 354

They are materially the same, regardless of the date of the events.

Answer 355

They follow the same numbering as Rome II.

Answer 356

Future developments as UK law may move away from Rome II over time.

Answer 357

The law of the country where the damage occurred (or is likely to occur). ## Footnote This rule applies regardless of the country where the event giving rise to the damage occurred.

Answer 358

The place where the direct, immediate damage occurred. ## Footnote This is distinct from the place where certain indirect consequences may occur.

Answer 359

Spanish law. ## Footnote This applies even if lost earnings from the injury occur in another country, such as the UK.

Answer 360

When the defendant and the claimant have their habitual residence in the same country at the time the damage occurs. ## Footnote In this case, the law of that country shall apply.

Answer 361

False. ## Footnote These rules are applied regardless of any connection to the UK or EU member states.

Answer 362

[Japan or the United States].

Answer 363

If the tort is manifestly more closely connected with another country, that country's law shall apply. ## Footnote This applies even if the other rules in art 4 suggest a different country.

Answer 364

A pre-existing relationship between the parties, such as a contract closely connected to the tort. ## Footnote An example is a professional accused of negligence who advised the claimant under terms containing a governing law clause.

Answer 365

The law applicable to non-contractual obligations from dealings prior to contract conclusion shall be the same as the law that applies to the contract. ## Footnote This includes misrepresentation claims, regardless of whether the contract was concluded.

Answer 366

Art 12(2) sets out rules that reflect the general rule in art 4. ## Footnote This means that if art 12(1) cannot determine applicable law, art 12(2) provides guidance.

Answer 367

Draft agreements could be relevant evidence to establish applicable law, even if no agreement was concluded. ## Footnote This highlights the importance of clarity on applicable law during contractual negotiations.

Answer 368

The laws of that country shall apply (art 4(2) is applied).

Answer 369

The law of that country shall apply.

Answer 370

The law of that country shall apply.

Answer 371

The law of that country shall apply.

Answer 372

The law of the country in which the party claimed to be liable is habitually resident.

Answer 373

If it is clear from all circumstances of the case that the tort is manifestly more closely connected with that other country (art 5(2)).

Answer 374

An agreement on governing laws is generally effective.

Answer 375

Yes, the agreement can be reached after the event.

Answer 376

All parties must be pursuing a commercial activity, and the agreement must be freely negotiated (art 14(1)(b)).

Answer 377

The choice of the parties does not prevent the application of non-derogable laws of the other country.

Answer 378

Any relevant non-derogable retained EU law would be applied.

Answer 379

* Article 8: infringement of intellectual property rights * Article 6: unfair competition.

Answer 380

Rules that are applied irrespective of the applicable law as per art 16 ## Footnote Overriding mandatory rules ensure that certain fundamental legal principles of the forum are upheld.

Answer 381

Limits the application of the applicable law as determined by the rules ## Footnote Article 16 does not change the applicable law but restricts its application in favor of overriding mandatory rules.

Answer 382

Manifest incompatibility refers to the refusal of applying a provision of applicable law that conflicts with public policy of the forum as per art 26 ## Footnote This is similar to art 21 of Rome I concerning contractual claims.

Answer 383

Allows for the refusal of application of certain elements of applicable law that are manifestly incompatible with public policy ## Footnote This does not disapply the applicable law as a whole.

Answer 384

Rules of safety and conduct in force at the place and time of the event ## Footnote Article 17 highlights that these rules may modify the application of the relevant law in certain situations.

Answer 385

False ## Footnote Article 17 does not determine the applicable law but considers safety and conduct rules.

Answer 386

Article 9 of Rome I ## Footnote Both articles address the application of overriding mandatory rules in legal contexts.

Answer 387

Contractual claims ## Footnote Article 21 addresses similar concepts of manifest incompatibility as discussed in Article 26.

Answer 388

It governs: * the basis and extent of liability * grounds for exemption from liability * limitation of liability and division of liability * existence, nature and assessment of damage or remedy claimed * measures the court will take to prevent or terminate injury or damage * whether a right to claim may be transferred * persons entitled to compensation for damage sustained personally * liability for the acts of another * manner in which an obligation may be extinguished, including issues concerning limitation ## Footnote Article 15 outlines specific areas that non-contractual obligations impact, providing a framework for liability assessment and court measures.

Answer 389

Excluded matters include: * revenue, customs and administrative matters * liability of the state for acts and omissions in the exercise of state authority * family law issues, such as maintenance obligations * matrimonial property, wills and succession issues * company law issues, including company insolvency * trust issues * privacy and defamation * evidence and procedure ## Footnote These exclusions are similar to those for contractual obligations, indicating areas where the non-contractual rules do not apply.

Answer 390

Absent a pleaded case to the contrary, English courts presume that the relevant foreign law is the same as English law. ## Footnote This presumption can affect how cases involving foreign law are approached unless explicitly challenged.

Answer 391

The UK did not incorporate the European regime rules into its retained law, meaning: * The rules for jurisdiction in civil or commercial claims with a foreign element changed significantly. ## Footnote This shift impacts how claims are filed and processed in the UK post-Brexit.

Answer 392

For proceedings commenced after 11pm on 31 December 2020, the rules of Brussels Recast and the Lugano Convention no longer apply in English law. ## Footnote This marks a departure from the previous application of these regulations for cases filed before this date.

Answer 393

The UK applied to join the Lugano Convention in April 2020, requiring consent from all members. ## Footnote The application remains uncertain as the European Commission has indicated it does not support the UK's accession.

Answer 394

False ## Footnote These rules are not universally applied and depend on reciprocity between the relevant states.

Answer 395

[Article 15] ## Footnote Article 15 provides a detailed framework for understanding the applicable law in non-contractual contexts.

Answer 396

Expert evidence on the relevant foreign law must be adduced. ## Footnote This requirement highlights the complexity of cases involving foreign law and the need for specialized knowledge.

Answer 397

'Commenced' refers to when the claim form is filed and the claim is issued by the court. ## Footnote This definition is crucial for determining the applicable jurisdiction rules based on the timing of the claim.

Answer 398

Excluded claims include: * revenue matters * state liability * family law issues * matrimonial property * company law * trust issues * privacy and defamation * evidence and procedure ## Footnote These exclusions help to clarify the boundaries of non-contractual obligations.

Answer 399

The principal mechanisms are: * the Hague Choice of Court Convention * common law rules, the CPR and statute ## Footnote The Hague Choice of Court Convention entered into force on 1 October 2015.

Answer 400

The UK acceded on 1 January 2021 ## Footnote This accession occurred immediately after the UK-EU transition period.

Answer 401

The UK was a member by virtue of being an EU member state ## Footnote The UK was part of the convention before its own accession due to EU membership.

Answer 402

The contracting states are: * EU (on behalf of its member states) * Mexico * Singapore * Montenegro ## Footnote These countries are part of the Hague Convention alongside the UK after its accession.

Answer 403

No, it does not apply ## Footnote Brussels Recast and the Lugano Convention have their own jurisdiction regimes.

Answer 404

[European regime]

Answer 405

The Hague Choice of Court Convention ## Footnote The convention governs jurisdiction agreements and court choices in civil and commercial matters.

Answer 406

Agreements under which parties exclusively choose the courts of one of the contracting states ## Footnote This ensures that disputes are resolved in the agreed jurisdiction.

Answer 407

It only applies when the courts of a contracting state are chosen ## Footnote It excludes non-exclusive jurisdiction agreements.

Answer 408

The Hague Choice of Court Convention does not apply ## Footnote Non-exclusive jurisdiction allows claims in multiple jurisdictions.

Answer 409

Agreements that do not apply in the same way to both parties ## Footnote One party may have different rights to sue than the other.

Answer 410

To sue a borrower in more than one jurisdiction ## Footnote This helps maximize successful recovery and enforcement.

Answer 411

To only sue the lender in the jurisdiction where the lender is based ## Footnote This creates an imbalance in jurisdictional rights.

Answer 412

* Consumer contracts * Employment contracts * Carriage of passengers and goods * Competition * Personal injury * Tort claims for damage to tangible property not arising from a contractual relationship * Rights in respect of immoveable property and tenancies * Various intellectual property rights ## Footnote These exclusions limit the convention's applicability.

Answer 413

* The agreement is void under the law of the chosen jurisdiction * Giving effect to the agreement would lead to manifest injustice * The chosen court has decided not to hear the case ## Footnote These exceptions provide flexibility in enforcement of jurisdiction agreements.

Answer 414

As an exclusive jurisdiction clause in a written contract ## Footnote This is commonly included as a 'boilerplate' term before disputes arise.

Answer 415

Common law, CPR rules, and statute ## Footnote Jurisdiction is determined by these rules where the European regime does not apply.

Answer 416

Prior to the end of the UK-EU transition period ## Footnote They applied where the European regime did not apply.

Answer 417

The English and Welsh court can take jurisdiction if the proceedings can be validly served on the defendant ## Footnote This is known as 'service of process'.

Answer 418

No permission is required once the claim form has been issued by the court ## Footnote This follows the general CPR rules on service.

Answer 419

If they are present in the jurisdiction, even temporarily ## Footnote Service of a claim form is straightforward under CPR r 7.5.

Answer 420

At the place of business within the jurisdiction ## Footnote This applies to foreign companies where they carry on activities.

Answer 421

They can be served within the jurisdiction at any place where they carry on their activities ## Footnote This includes any place of business they have within the jurisdiction.

Answer 422

Service can be made at a specified place within the jurisdiction if the contract includes such a term ## Footnote This often involves a law firm.

Answer 423

Clients should include a provision for a foreign party to nominate an address for service ## Footnote This can save time and costs later.

Answer 424

When there is: * Another more appropriate forum * Abuse of the court's process * Dispute concerning land outside the jurisdiction * Dispute concerning intellectual property rights outside the jurisdiction * A binding agreement for disputes to be determined by another jurisdiction or arbitration ## Footnote These factors can influence the court's decision.

Answer 425

The claim must fall within the scope of one of the grounds that the courts consider England and Wales to be an appropriate jurisdiction.

Answer 426

* Hague Choice of Court Convention applies * Contractual term grants jurisdiction * Consumer proceedings against a party to a consumer contract * Employee proceedings against their employer * Statutes with extraterritorial effect

Answer 427

A notice of the grounds relied upon must be filed and served alongside the claim form.

Answer 428

* Claim is within jurisdictional gateways * Claim has a reasonable prospect of success * England and Wales are the proper place to bring the claim

Answer 429

Jurisdictional gateways

Answer 430

The defendant is domiciled in the jurisdiction.

Answer 431

* Contract made within the jurisdiction * Contract made by or through an agent within the jurisdiction * Contract governed by English law

Answer 432

* Damage sustained within the jurisdiction * Damage results from an act committed within the jurisdiction

Answer 433

The subject matter of the claim relates to property within the jurisdiction.

Answer 434

They are separate legal jurisdictions but part of the UK.

Answer 435

Civil Jurisdiction and Judgment Act 1982 Sch 4

Answer 436

reasonable prospect of success

Answer 437

The court of the place of performance of the obligation in question ## Footnote For example, a defendant domiciled in Northern Ireland but obliged to perform a contract in England can be sued in England.

Answer 438

In the court of the place where the harmful event occurred or may occur

Answer 439

In the court of the place in which the branch, agency, or other establishment is situated

Answer 440

Claims concerning rights in immovable property within the jurisdiction

Answer 441

When they have agreed that the English and Welsh court has jurisdiction to settle relevant disputes between them

Answer 442

It applies to service outside the UK, rather than outside the jurisdiction of England and Wales

Answer 443

No, they do not require permission in order to serve them in Scotland or Northern Ireland

Answer 444

Permission to serve out of the jurisdiction

Answer 445

If the foreign national or company accepts or submits to the jurisdiction by their conduct ## Footnote This includes actions like appointing a solicitor in England and Wales.

Answer 446

Appointing a solicitor/agent in England and Wales to accept service of proceedings ## Footnote This action indicates acceptance of the court's jurisdiction.

Answer 447

Acknowledge service with a statement that 'jurisdiction will be disputed' ## Footnote This statement indicates the defendant's intention to contest jurisdiction.

Answer 448

An application under CPR Pt 11 for a declaration that the English and Welsh court does not have jurisdiction ## Footnote CPR refers to the Civil Procedure Rules.

Answer 449

False ## Footnote Contesting the case on its merits would indicate acceptance of jurisdiction.

Answer 450

CPR Pt 11 ## Footnote This is the specific part of the Civil Procedure Rules for jurisdiction disputes.

Answer 451

Serving a defence ## Footnote This act can be interpreted as acceptance of the court's authority.

Answer 452

Parties’ choice of law

Answer 453

By the subject matter of the contract

Answer 454

Certain mandatory laws

Answer 455

The law of the country where the damage occurred

Answer 456

That choice is generally effective

Answer 457

Service of the claim form or submission to the jurisdiction

Answer 458

No permission is required

Answer 459

Apply for permission and establish that one of the 'jurisdictional gateways' applies

Answer 460

* The contract was made within the jurisdiction * The contract is governed by English law

Answer 461

* The damage was sustained within the jurisdiction * The damage results from an act committed within the jurisdiction

Answer 462

jurisdictional gateways

Answer 463

That one of the 'jurisdictional gateways' applies

Answer 464

Parties are expected to take certain pre-action steps as set out in the Practice Direction on Pre-Action Conduct and Protocols (PDPAC) ## Footnote This includes facilitating the sharing of information and narrowing the issues in dispute.

Answer 465

To deal with cases justly and at proportionate cost ## Footnote The courts must bear this objective in mind at all stages of proceedings.

Answer 466

* Saving expense * Dealing with the case in proportionate ways * Ensuring expeditious and fair case handling * Allotting appropriate court resources * Enforcing compliance with rules, practice directions, and orders ## Footnote These elements help promote early dispute resolution.

Answer 467

True ## Footnote This is consistent with the overriding objective of the CPR.

Answer 468

* Facilitate the sharing of information * Enable better understanding of each other’s positions * Narrow the issues in dispute ## Footnote These aims align with saving expense and efficient use of court resources.

Answer 469

It aligns with the overriding objective and promotes efficiency in proceedings ## Footnote Proper understanding of factual and legal positions can reduce wasted time and costs.

Answer 470

Not to waste the court’s time ## Footnote This is outlined in rule 2.6 of the SRA Code of Conduct.

Answer 471

[properly arguable] ## Footnote This obligation is specified in rule 2.4 of the SRA Code of Conduct.

Answer 472

Relevant cases, statutory provisions, or procedural irregularities likely to affect the outcome ## Footnote This ensures that the court is fully informed for decision-making.

Answer 473

To only bring proper claims, not to waste the court’s time, to only put forward a properly arguable case, and to draw relevant cases or irregularities to the court's attention. ## Footnote Specific rules include r 2.6, r 2.4, and r 2.7.

Answer 474

Solicitors must not waste the court’s time. ## Footnote This is one of the specific overriding obligations.

Answer 475

Solicitors may only put forward a case which is properly arguable. ## Footnote This rule emphasizes the need for valid claims.

Answer 476

Solicitors must draw relevant cases and procedural irregularities to the court’s attention. ## Footnote This includes any issues likely to materially affect the outcome.

Answer 477

The Pre-Action Practice Direction and pre-action protocols for specific categories of claim. ## Footnote These are guidelines to be followed before issuing court proceedings.

Answer 478

Facilitate information exchange, make decisions, try to settle issues, consider ADR, support efficient management, and reduce costs. ## Footnote These objectives align with the overriding objective.

Answer 479

To facilitate parties to understand each other’s position. ## Footnote This is essential for effective dispute resolution.

Answer 480

the proceedings. ## Footnote This is part of the overall objectives outlined in the PDPAC.

Answer 481

False. ## Footnote Urgent actions, such as applying for interim injunctions, do not require compliance.

Answer 482

They apply to specific categories of claim to guide pre-litigation conduct. ## Footnote These protocols help in managing disputes effectively.

Answer 483

A last resort ## Footnote This emphasizes the importance of exploring other options before resorting to court.

Answer 484

To assist the parties in resolving disputes as quickly and cheaply as possible ## Footnote This aligns with the overriding objective of the CPR.

Answer 485

Exchange information, consider ADR, and attempt to resolve issues ## Footnote This is outlined in paragraph 8 of the PDPAC.

Answer 486

Explain the various types of ADR and why ADR might be preferable to litigation ## Footnote Courts encourage parties to consider ADR seriously.

Answer 487

* Mediation * Arbitration * Early neutral evaluation * Ombudsmen schemes ## Footnote Other forms of ADR are also available.

Answer 488

Evidence that ADR has been considered ## Footnote This is noted in paragraph 11 of the PDPAC.

Answer 489

Any relevant pre-action protocol and the Pre-Action Practice Direction ## Footnote Compliance is essential to avoid costs sanctions or case dismissal.

Answer 490

* Letter before claim * Letter before action * LBA * Pre-action protocol letter ## Footnote This letter is sent to prospective defendants before commencing legal action.

Answer 491

Engage with and follow the pre-action protocol process ## Footnote Their failure to do so may result in costs sanctions.

Answer 492

Silence or a negative/obstructive reply to a letter of claim or ADR proposal ## Footnote Such behavior may lead to costs sanctions.

Answer 493

To be a genuine attempt to avoid proceedings ## Footnote The letter of claim is a formal communication intended to resolve disputes before litigation.

Answer 494

* Basis of the claim * Summary of relevant facts * Remedy sought by the claimant * Disclosure of key documents

Answer 495

Challenge the letter by stating it is not compliant with the Pre-Action Practice Direction or relevant pre-action protocol ## Footnote This response can affect the progression of legal proceedings.

Answer 496

Generally no more than 3 months; as little as 14 days in straightforward cases ## Footnote This timeframe can vary based on the complexity of the case.

Answer 497

* Confirmation of claim acceptance * Reasons if not accepted * Explanation of disputed facts * Details of any counterclaim * Disclosure of key documents

Answer 498

Costs should be kept to a minimum and parties should take reasonable, proportionate steps ## Footnote Disproportionately high costs cannot be recovered.

Answer 499

When facing a limitation deadline or needing to act urgently ## Footnote Examples include applying for an interim injunction.

Answer 500

It can usually be stayed to allow parties time to follow the PDPAC ## Footnote Staying a claim allows for resolution efforts before proceeding with litigation.

Answer 501

Usually no more than one exchange of letters ## Footnote The PDPAC provides that a claimant should write a letter of claim to the defendant and the defendant should provide a substantive response.

Answer 502

Compliance should be proportionate; disproportionate costs will not be recoverable ## Footnote Referenced in PDPAC, para 5.

Answer 503

Factors include: * Difficulty in investigating certain facts * Availability of relevant parties * Substantial volume of evidence * Involvement of experts ## Footnote These factors can necessitate longer exchanges, especially if urgent action is not required.

Answer 504

It can lead to a better understanding of legal and factual issues and hone arguments ## Footnote This can make proceedings more focused and efficient, aligning with the overriding objectives of the PDPAC.

Answer 505

Review their positions and consider available evidence to avoid court proceedings ## Footnote This is outlined in PDPAC, para 12.

Answer 506

Information and evidence from the exchange of correspondence with their opponent ## Footnote This information often impacts case analysis and the merits of the claim.

Answer 507

[defendant]

Answer 508

Pre-Action Protocols for Claims ## Footnote PDPAC includes various pre-action protocols tailored to specific categories of claims.

Answer 509

To provide detailed and prescriptive steps for pre-action conduct and correspondence ## Footnote They aim to achieve specific objectives for various claims.

Answer 510

A form required in certain personal injury cases to notify the defendant and their insurer of the claim ## Footnote It facilitates early exchange of information.

Answer 511

Low-value road traffic accidents (RTAs), employers' liability (EL), and public liability (PL) claims ## Footnote The requirement for a CNF varies based on the type and value of the claim.

Answer 512

A process for early appointment of an expert and discussions on claimant's needs for medical treatment or rehabilitation ## Footnote It also includes templates for letters related to the claim.

Answer 513

False ## Footnote The pre-action protocols are more detailed and prescriptive.

Answer 514

To achieve the objectives of the PDPAC for specific categories of claim ## Footnote This is particularly important when general processes might not suffice.

Answer 515

pre-action

Answer 516

Specific information and guidance to potential defendants ## Footnote This ensures clarity and cooperation in the claims process.

Answer 517

By outlining how to cooperate to obtain an expert report at an early stage ## Footnote This is crucial for claims requiring expert evidence.

Answer 518

• debt claims (against individuals) • professional negligence claims • personal injury claims • clinical disputes claims • construction and engineering claims • media and communications claims (including defamation) • judicial review • package travel claims • disease and illness claims • housing conditions/disrepair claims • possession claims by social landlords • possession claims for mortgage arrears • dilapidation claims regarding commercial property • low value personal injury road traffic accident claims • personal injury claims below the small claims limit in road traffic accidents • low value personal injury (employers’ liability and public liability) claims

Answer 519

The Pre-Action Practice Direction

Answer 520

Pre-Action Protocol for Professional Negligence

Answer 521

• professional negligence • medical negligence • personal injury claims

Answer 522

The claimant is expected to choose which of the potentially applicable pre-action protocols they consider is the most appropriate for their claim

Answer 523

pre-action protocol

Answer 524

Clinical disputes claims

Answer 525

Housing conditions/disrepair claims

Answer 526

Low value personal injury road traffic accident claims

Answer 527

Any business claiming payment of a debt from an individual, including a sole trader ## Footnote The protocol does not apply to business-to-business debts unless the debtor is a sole trader.

Answer 528

Additional elements such as: * Whether interest or other charges are continuing * Details of oral agreement: who made it, what was agreed, when and where * Details of written agreement: date, parties, and request for copy * Explanation if regular instalments are offered or paid * Details of how the debt can be paid * A statement of account for the debt * An information sheet and reply form (Annex 1) * A financial statement form (Annex 2) ## Footnote These elements are specific to the Pre-Action Protocol for Debt Claims and not found in the general Pre-Action Practice Direction.

Answer 529

The creditor may start court proceedings ## Footnote This is specified in para 3.4 of the protocol.

Answer 530

Allow a reasonable period for the advice to be obtained ## Footnote The creditor should not start court proceedings less than 30 days from receipt of the completed reply form.

Answer 531

False ## Footnote It only applies if the debtor is a sole trader.

Answer 532

Annex 1 of the protocol

Answer 533

Annex 2 of the protocol

Answer 534

Claims against professionals as a result of negligence or equivalent breach of contract or fiduciary duty.

Answer 535

Claims against: * architects, engineers, and quantity surveyors * healthcare providers * defamation cases

Answer 536

The preliminary notice should contain: * identity of the claimant and other parties * brief outline of the grievance * general indication of financial value of the claim * statement for professional to inform their insurers

Answer 537

Within 21 days of receipt.

Answer 538

Notify the professional of their intentions regarding the claim.

Answer 539

The letter of claim should include: * reasonable requests for relevant documents * explanation of how the alleged error caused the loss * request for the letter to be sent to insurers * copies of other letters of claim related to the dispute

Answer 540

Within 21 days of receipt.

Answer 541

3 months from the date of the letter of acknowledgment.

Answer 542

The parties should commence negotiations to resolve the claim within six months.

Answer 543

Unless the letter of response denies the claim in its entirety or the negotiation period has ended.

Answer 544

14 days’ written notice indicating the court in which the claimant intends to commence the proceedings.

Answer 545

Limitation is more important than complying with the PDPAC ## Footnote The limitation period applicable to a claim is unchanged by the PDPAC.

Answer 546

A claim can become time-barred ## Footnote This occurs even if the parties have not fully complied with the PDPAC.

Answer 547

Must be issued or a standstill agreement concluded ## Footnote This is necessary to prevent the defendant from deploying a limitation defence.

Answer 548

Deploy a limitation defence ## Footnote This can occur regardless of the strength of the substantive claim.

Answer 549

Para 17 of the PDPAC ## Footnote This paragraph addresses the situation where a claimant must issue proceedings early.

Answer 550

Seek a stay of the claim ## Footnote This allows the parties time to comply with the PDPAC.

Answer 551

The provisions of the PDPAC are not mandatory rules.

Answer 552

The Pre-Action Practice Direction.

Answer 553

Substantive compliance rather than minor or technical infringements.

Answer 554

Follow the spirit, if not the letter, of the protocol and act reasonably.

Answer 555

Sending an aggressive letter demanding large sums of money at short notice.

Answer 556

It can damage their credibility and suggest a desire to litigate rather than settle.

Answer 557

Costs consequences.

Answer 558

To make a genuine attempt to settle a dispute.

Answer 559

A sign of weakness rather than strength.

Answer 560

Apply logical analysis and act reasonably.

Answer 561

The correspondence could be reviewed by a judge in the future

Answer 562

An unreasonable or inconsistent approach to the case

Answer 563

Failure to provide sufficient information, act within a time limit, or unreasonably refuse ADR

Answer 564

Non-compliance with the PDPAC

Answer 565

CPR r 3.1(4)–(6) and CPR r 44.4(3)(a)

Answer 566

Relieve obligations, stay proceedings, impose sanctions

Answer 567

Costs orders, indemnity basis costs, depriving interest, higher interest rates

Answer 568

Pay some or all costs of other parties, pay on an indemnity basis

Answer 569

Deprivation of interest or awarding at a lower rate

Answer 570

Striking out a party's statement of case

Answer 571

CPR r 3.4(2)(c)

Answer 572

They may be subject to proceedings for contempt of court

Answer 573

Sanctions may be imposed if a later statement differs materially from the letter of claim

Answer 574

Whether to issue a claim with the court ## Footnote This step incurs court fees and locks parties into a legal process.

Answer 575

It locks the parties into a process from which they cannot easily extract themselves before trial ## Footnote Unless they agree to terms of settlement or withdraw and pay costs.

Answer 576

A lower court ## Footnote It can deal with substantial cases including contractual disputes, tortious claims, bankruptcy cases, and property issues.

Answer 577

Judges or district judges ## Footnote They sit in hearing centres throughout England and Wales.

Answer 578

Third highest ## Footnote It follows the Supreme Court and Court of Appeal.

Answer 579

Into three different divisions ## Footnote This division is mainly administrative for handling different types of cases.

Answer 580

Royal Courts of Justice in London ## Footnote It also has several district registries across England and Wales.

Answer 581

Most matters can be brought in either court ## Footnote Subject to certain restrictions.

Answer 582

Interest and costs, quantum of any possible counterclaim, contributory negligence, and any possible deduction of benefits ## Footnote This impacts where to issue the claim.

Answer 583

£100,000 or less ## Footnote Claims above this amount can be commenced in either court.

Answer 584

They are likely to be transferred to the county court ## Footnote Unless certain criteria apply.

Answer 585

High value claims, complex facts or law, or outcomes important to the public ## Footnote These factors are referenced in CPR Practice Direction 7A.

Answer 586

Claims for defamation, judicial review cases, and any claim under the Human Rights Act 1998 ## Footnote These are exceptions to the general jurisdiction rule.

Answer 587

£50,000 ## Footnote This is lower than the £100,000 threshold for other money claims.

Answer 588

King’s Bench Division, Chancery Division, Family Division ## Footnote The King’s Bench Division is also known as KBD or QBD.

Answer 589

* Civil cases in contract and tort * Judicial review cases * Appeals of criminal decisions from Magistrates’ Courts and Crown Courts ## Footnote The King’s Bench Division does not hear any criminal cases at first instance.

Answer 590

KBD or QBD ## Footnote This division was previously referred to as the Queen’s Bench Division.

Answer 591

The King’s Bench Guide (2022) ## Footnote This guide includes detailed practical guidance on proceedings in the King’s Bench Division.

Answer 592

* Wills, administration of estates, and probate matters * Property/land and mortgages * Trusts * Company and partnership law * Intellectual property * Insolvency * Appeals from county court decisions ## Footnote The Chancery Division is referred to as ChD.

Answer 593

Chancery Guide (June 2022) ## Footnote This guide includes detailed practical guidance on proceedings in the Chancery Division.

Answer 594

* Divorce * Adoption * Some wills and probate cases * Appeals from the Magistrates’ and Crown Court in family cases ## Footnote The family courts operate under their own set of rules and practice directions.

Answer 595

Family Procedure Rules ## Footnote This regime is separate from the CPR (Civil Procedure Rules).

Answer 596

False ## Footnote The Family Division focuses on family-related cases, not criminal cases.

Answer 597

The Commercial Court deals with complex business disputes, both national and international.

Answer 598

* Business contracts and other documents * Commercial fraud * Export and import of goods

Answer 599

The Admiralty Court deals with shipping and maritime disputes.

Answer 600

* Collision * Salvage

Answer 601

Approximately £5 million.

Answer 602

* Building, construction and engineering contracts

Answer 603

Commercial Court Guide.

Answer 604

The Commercial Court.

Answer 605

Nuisance relating to land use.

Answer 606

* Birmingham * Bristol * Cardiff

Answer 607

* Construction * Engineering * Technology

Answer 608

Claims that are not suited to the Commercial Court due to insufficient size, value or complexity.

Answer 609

* Mortgages and security over ships * The arrest of vessels and cargoes

Answer 610

* Pollution * Reclamation

Answer 611

Insurance related to construction, engineering and technology.

Answer 612

The Technology and Construction Court, which has its own set of rules and guidance in addition to the CPR

Answer 613

HM Courts & Tribunals Service, The Technology and Construction Court Guide (2nd ed, 3 October 2005, 5th rev)

Answer 614

The lawfulness of acts and omissions of government, regulatory bodies, inferior courts, and public officials

Answer 615

The Administrative Court, dealing with judicial review and statutory challenges involving planning matters

Answer 616

Judicial review cases

Answer 617

Judiciary for England and Wales, The Administrative Court Judicial Review Guide 2020 (July 2020)

Answer 618

Financial disputes worth over £50 million or equivalent that require market expertise

Answer 619

Over £50 million or equivalent

Answer 620

Guide to the Financial List (1 October 2015) and the procedures in the Commercial Court Guide

Answer 621

A wide range of business disputes, both national and international

Answer 622

* Business organisations * Directors’ duties * Fiduciary duties * Investor disputes * Banking and financial services * Sale and purchase of businesses * Partnerships * Professional negligence * Regulatory claims * Pension funds

Answer 623

Chancery Guide

Answer 624

Corporate and personal insolvencies and issues connected to the management and operation of companies

Answer 625

* Winding-up of companies * Bankruptcy petitions against individuals in London (owed £50,000 or more) * Insolvency and restructuring procedures * Claims against directors and office holders * Shareholder claims

Answer 626

Subject to its own set of rules and guidance in addition to the CPR ## Footnote See CPR Practice Direction on Insolvency Proceedings.

Answer 627

Competition law issues such as: * distortion of competition * imposition of unfair prices * unfair trading arrangements * breaches of competition rules ## Footnote The Competition List has its own set of rules in the Chancery Guide.

Answer 628

Claims and appeals concerning intellectual property rights including: * registered designs * copyright * trademarks * patents * passing-off * misuse of trade secrets ## Footnote The Intellectual Property List has its own rules in the Chancery Guide and separate court guides for the Patents Court and the Intellectual Property and Enterprise Court.

Answer 629

Cases involving: * landlord and tenant * trespass/squatters * mortgages * land registry * title to land, easements, restrictive covenants * orders for sale to enforce charging orders * trusts of land and appointment of trustees * variations of trusts * claims against trustees * trust property * charities * contentious probate * rectification of wills ## Footnote The Property, Trusts and Probate List is governed by its own rules in the Chancery Guide.

Answer 630

Cases involving major points of principle where Her Majesty’s Revenue and Customs is a party ## Footnote The Revenue List does not deal with claims for recovery of taxes where the taxpayer disputes liability and follows rules in the Chancery Guide.

Answer 631

False ## Footnote They are divisions of the High Court with various specialist elements.

Answer 632

the Business and Property Courts of England and Wales ## Footnote This grouping is for administrative and procedural purposes.

Answer 633

specialist business and other civil dispute resolution and business cases ## Footnote These can be domestic or international in nature.

Answer 634

* Admiralty Court (KBD) * Commercial Court (KBD) * Technology and Construction Court (KBD) ## Footnote KBD stands for King's Bench Division.

Answer 635

Mercantile Court ## Footnote It has been rebranded to Circuit Commercial Court.

Answer 636

Insolvency and Companies List (ChD) ## Footnote ChD stands for Chancery Division.

Answer 637

Intellectual Property ## Footnote This list is part of the Chancery Division.

Answer 638

to handle cases related to revenue ## Footnote Revenue List is part of the Chancery Division.

Answer 639

True ## Footnote It handles specialized financial disputes.

Answer 640

Admiralty Court (KBD) ## Footnote This court specializes in admiralty and maritime law.

Answer 641

to handle competition-related disputes ## Footnote This list is part of the Chancery Division.

Answer 642

Property, Trusts and Probate ## Footnote This list is under the Chancery Division.

Answer 643

Detailed court guides ## Footnote These guides modify the CPR rules and practice directions for proceedings in those divisions.

Answer 644

No, they supplement and modify the CPR rules ## Footnote They include significantly more detail and practical guidance than the CPR.

Answer 645

Family Procedure Rules ## Footnote This regime is separate from the CPR.

Answer 646

Which of the three divisions is most appropriate ## Footnote Also consider whether a specialist court or list is best suited to the claim.

Answer 647

It does not invalidate the claim; it will usually be transferred to the correct division ## Footnote This can happen by agreement between the parties or by court order.

Answer 648

Issuing the claim in the court most appropriate to deal with the subject matter ## Footnote For example, judicial review must go to the Administrative Court.

Answer 649

Breach of contract claim involving non-specialist businesses ## Footnote Possible divisions include the King’s Bench Division, the Commercial Court, the Circuit Commercial Court, or the Chancery Division Business List.

Answer 650

A defendant must acknowledge service even if no particulars of claim have been served ## Footnote This differs from the general CPR requirement.

Answer 651

Judgment in default without serving particulars of claim ## Footnote This is according to CPR r 58.8.

Answer 652

The correct forms ## Footnote For example, the Commercial Court has its own versions of standard forms, including the claim form (Form N1(CC)).

Answer 653

The court issues the claim form ## Footnote This marks the official start of legal proceedings.

Answer 654

CPR Pt 7 claims ## Footnote This is the principal subject of the unit.

Answer 655

Pt 8 claims ## Footnote This procedure is simpler and used when there is not a substantial dispute of fact.

Answer 656

When there is not a substantial dispute of fact ## Footnote Typically arises when a decision on an issue of law is needed.

Answer 657

A dispute about whether a contractual term has been breached ## Footnote This includes determining what damages might be due.

Answer 658

Claim form and acknowledgment of service forms ## Footnote Different court forms are required for each procedure.

Answer 659

Detailed statements of case ## Footnote This includes particulars of claim or a defense.

Answer 660

Supporting evidence, usually in the form of a witness statement with relevant documents ## Footnote The defendant then files evidence in response.

Answer 661

Disclosure of documents ## Footnote The absence of a substantial dispute means no documents need to be disclosed.

Answer 662

No ## Footnote This is because there is not a substantive factual dispute as seen in Pt 7 claims.

Answer 663

Judicial review claims ## Footnote These claims often come with bespoke modifications.

Answer 664

Raise the objection in the acknowledgment of service form ## Footnote If valid, the court can convert the claim to a Pt 7 claim.

Answer 665

Give directions to comply with the procedure for Pt 7 claims ## Footnote This ensures the claim follows the correct procedure.

Answer 666

The initial 'statement of case' served on the defendant

Answer 667

It should briefly set out the claimant’s case and the remedies claimed, and contain other necessary information to commence a claim

Answer 668

To set out the facts relating to the claim in greater detail than the claim form

Answer 669

No, some specialist courts have their own versions of the claim form and response pack

Answer 670

It must be lodged with the court

Answer 671

Yes, depending on the specific court/list, it might be possible to issue it online

Answer 672

The court's system for issuing claims online in the High Court

Answer 673

Attend court in person or send the claim form and court fee by post

Answer 674

To the Civil National Business Centre (CNBC)

Answer 675

* A copy of the claim form for each defendant * An additional copy for the claimant's records * One copy for the court's use

Answer 676

A system for electronically issuing money claims in the Civil National Business Centre

Answer 677

Neither party can be a child or a protected party

Answer 678

Claims for a fixed amount of money not exceeding £100,000, initiated by a single claimant against no more than two defendants

Answer 679

Within the jurisdiction of England and Wales

Answer 680

[prescribed]

Answer 681

1 October 2024

Answer 682

Part 8 procedure

Answer 683

Consumer Credit Act 1974

Answer 684

Claims for personal injury

Answer 685

Up to two claimants

Answer 686

Must be 18 years or older, not a 'protected party', with a UK postal address and an email address

Answer 687

Must have a postal address within England and Wales, be 18 years or older, not a 'protected party', and not the Crown

Answer 688

Two defendants

Answer 689

The claimant's legal representative must be registered with MyHMCTS ## Footnote The OCMC refers to the Online Civil Money Claims process.

Answer 690

Yes, unrepresented defendants can respond digitally to claims in Welsh ## Footnote This is specified in PD51R.6AA.

Answer 691

Claims may be started in the OCMC but will be sent out after issue to the CNBC ## Footnote This is detailed in PD 51R.2.1(7).

Answer 692

Claims that are exclusively for damages in the county court ## Footnote Excludes debt or injunction claims and certain consumer credit claims.

Answer 693

* Personal injury * Clinical negligence * Professional negligence * Breach of contract * Consumer claims * Consumer credit (excluding PPI) ## Footnote PPI stands for Payment Protection Insurance.

Answer 694

Representation by a solicitor ## Footnote This applies to claims filed under the DCP.

Answer 695

* One claimant against one defendant * Two claimants against one defendant * One claimant against two defendants ## Footnote The DCP allows filing of claims online involving these configurations.

Answer 696

* A copy for each defendant * A copy for the claimant * A copy for the court ## Footnote This ensures proper service and record-keeping.

Answer 697

It is allocated a claim number, which will be added by court staff ## Footnote This process is essential for tracking the claim.

Answer 698

The court will electronically seal the claim form ## Footnote The electronic seal may differ in appearance from the paper seal.

Answer 699

Do not wait until the last day of limitation ## Footnote Allow for logistical issues that might prevent the claim form from being issued.

Answer 700

If the claim form was received earlier than it was issued, it is brought for limitation purposes on the earlier date ## Footnote This provision helps protect claimants from processing delays.

Answer 701

The often substantial court fee to issue a claim ## Footnote Clients should deposit necessary funds to cover the fee in the firm's client account.

Answer 702

A standard form statement of grounds must be included with the claim form and served with it ## Footnote Refer to CPR r 6.34 for details.

Answer 703

The claim form will be stamped 'not for service out of the jurisdiction' until permission is granted by the court.

Answer 704

The nature of the claim and the remedies sought ## Footnote Current fees are available in the HM Courts & Tribunals Service guide, Civil and Family Court Fees.

Answer 705

The fee is calculated with reference to the sum of money claimed or an estimate if the sum is not yet known.

Answer 706

The fees applicable to both are payable. If there are different remedies expressed as alternatives, the higher fee is payable.

Answer 707

Permission of the court is generally required, sought by making an application supported by evidence.

Answer 708

An administrative error or new evidence coming to light ## Footnote Example: discovering a different company was the one dealing with the claimant.

Answer 709

Before the claim form has been served, except adding a new claimant which requires permission.

Answer 710

They may be subject to challenge.

Answer 711

In red text with a header recording the CPR rule under which the amendment has been made.

Answer 712

The amended claim form, an explanatory covering letter, and a request that it be sealed.

Answer 713

In CPR Practice Direction 17.

Answer 714

By filing a notice of discontinuance with the court and serving a copy on every other party to the proceedings ## Footnote Refer to CPR rr 38.2(3) and 38.3 for specific rules.

Answer 715

The claimant is usually liable for the costs of the defendant against whom the claim has been discontinued ## Footnote See CPR r 38.6 for details.

Answer 716

When the claim form has already been served ## Footnote Refer to CPR r 19.4(1) for specifics.

Answer 717

An interim application supported by evidence ## Footnote Evidence typically includes a witness statement from a solicitor and relevant documents.

Answer 718

A copy of the claim form with the proposed amendments ## Footnote This is essential for the court's review.

Answer 719

The context of the overriding objective and substantial factual overlap between claims ## Footnote This helps in dealing with cases expeditiously and fairly.

Answer 720

If it is desirable to resolve all matters in dispute or if there is an issue involving the new party and an existing party ## Footnote Refer to CPR r 19.2(2) for more details.

Answer 721

They must give their consent in writing, which must be filed with the court ## Footnote See CPR r 19.4(4) for rules.

Answer 722

All persons jointly entitled must be parties to the proceedings unless the court orders otherwise ## Footnote Refer to CPR r 19.3 for specifics.

Answer 723

The court may order that a party be removed if it is not desirable for that person to be a party to the proceedings.

Answer 724

If the existing party’s interest or liability has passed to the new party and it is desirable to substitute for resolving disputes ## Footnote This helps streamline the legal process.

Answer 725

New proceedings can achieve the same object as the addition of a party.

Answer 726

The claimant must ensure there is no limitation problem.

Answer 727

The claimant can discontinue or seek to agree a settlement with the original defendant.

Answer 728

Not to agree terms that would compromise the new claim.

Answer 729

New proceedings incur a new issue fee.

Answer 730

The claimant incurs a liability to pay the costs of the parties against whom they have discontinued.

Answer 731

The scope for changing the parties to proceedings is considerably more restricted.

Answer 732

To circumvent the rules on limitation.

Answer 733

* The relevant limitation period was current when the proceedings were started * The addition or substitution is necessary.

Answer 734

The court.

Answer 735

A party’s delay in making an application.

Answer 736

The court must be satisfied that one of the following applies: * The new party is a substitute for a party named by mistake in the claim form. * The claim cannot be carried on by or against the original party without the new party. * The original party has died or had a bankruptcy order made against them, and their interest has passed to the new party. ## Footnote This is based on procedural rules regarding amendments in legal claims.

Answer 737

Changes to parties after the expiry of the limitation period are confined to the existing substantive claim. ## Footnote For instance, adding a claimant with a joint entitlement to the existing claimant.

Answer 738

If the limitation period has passed, there is unlikely to be a basis to add the new party to the proceedings. ## Footnote This is particularly relevant for defendants who want to add parties they believe are ultimately liable.

Answer 739

A new claim involving the addition or substitution of a new party will commence on the date the new claim is commenced, not when the original claim was issued. ## Footnote Thus, if the limitation period has expired, the new claim against a new party is typically time-barred.

Answer 740

New causes of action added to proceedings that do not involve any change to the parties are deemed to have commenced when the claim was first brought if permission is granted. ## Footnote This is different from adding new parties.

Answer 741

No, rectifying a mistake in description is not considered a change of party. ## Footnote This applies only if there is no mistake regarding the actual party involved.

Answer 742

The court may allow an amendment if there has been no mistake as to the actual party but only how they are identified, even after the expiry of the limitation period. ## Footnote This applies if the mistake was genuine and does not cause doubt about the party's identity.

Answer 743

CPR r 19.5(3) deals with a mistake between two separate parties, as opposed to a mistake in the identification of an actual party. ## Footnote For example, a claim against a limited liability partnership that took over a general partnership.

Answer 744

The party seeking to amend their statement of case is responsible for the costs of the amendment and any costs incurred by other parties in dealing with it. ## Footnote This is outlined in CPR Practice Directions 17 and 19A.

Answer 745

The claimant must file an amended claim form and particulars of claim, and serve a copy of the order on all parties and any affected parties. ## Footnote This is specified in CPR Practice Direction 19A, paras 3–4.

Answer 746

The value of the claim

Answer 747

* King’s Bench Division (KBD) * Chancery Division (ChD) * Family Division

Answer 748

The issue of the claim form

Answer 749

Electronically

Answer 750

A standard form statement of grounds

Answer 751

Yes, without the permission of the court

Answer 752

The court’s permission

Answer 753

A broad discretion

Answer 754

A pragmatic approach reflecting the overriding objective

Answer 755

Very restrictive

Answer 756

High Court

Answer 757

They would be outside the limitation period

Answer 758

Serve the sealed claim form on the defendant(s). ## Footnote This step is often taken by the court unless the claimant requests otherwise.

Answer 759

The responsibility of the claimant. ## Footnote This contrasts with other jurisdictions where the court may send it by post.

Answer 760

Providing the claim form directly to the defendant or a representative. ## Footnote This can be done by leaving the claim form with them.

Answer 761

The individual themselves.

Answer 762

A person holding a senior position.

Answer 763

* Director * Treasurer * Chief Executive

Answer 764

Any of the following: * Mayor * Chairman * President * Town Clerk

Answer 765

No, if they do not carry on business in the jurisdiction.

Answer 766

Likely treated in the same manner as a company.

Answer 767

* A partner * A person who has control or management of the partnership business.

Answer 768

Engage a process server.

Answer 769

They can provide a professional report in the form of a witness statement.

Answer 770

First class post, document exchange, or other service providing delivery on the next business day ## Footnote These methods are outlined in CPR Practice Direction 6A, para 3.1.

Answer 771

* Placing the document in a post box * Leaving the document with the relevant service provider * Having the document collected by the relevant service provider ## Footnote These actions are specified for serving a claim form.

Answer 772

* Solicitor (CPR r 6.7) * Address given by the defendant for service (CPR r 6.8) * Default addresses for service (CPR r 6.9) ## Footnote These locations are detailed further in the chapter.

Answer 773

Indicate in writing their willingness to accept service by fax or email and provide the relevant contact information ## Footnote This requirement is outlined in CPR Practice Direction 6A, para 4.

Answer 774

True ## Footnote This is necessary for the service to be considered valid.

Answer 775

An email address set out on the writing paper of the solicitor acting for the defendant, stating that the email address may be used for service. ## Footnote It is rare for a solicitor’s letterhead to expressly state that service by email is accepted.

Answer 776

Ask opposing solicitors to confirm in writing whether they are instructed to accept service by email on behalf of the defendant. ## Footnote In the absence of such confirmation, another method of service must be used.

Answer 777

Whether there are any limitations to the agreement to accept service by that method, such as format for copy documents and maximum size of attachments. ## Footnote This ensures compliance with the recipient's preferences.

Answer 778

Express written confirmation that they are authorised to accept service of the claim form. ## Footnote Without this confirmation, no method of service on the solicitor will be effective.

Answer 779

If the fax number or email address is set out on a statement of case or in a response to a claim filed with the court. ## Footnote However, these are not relevant before the claim form is served.

Answer 780

If a claim is brought solely in respect of a contract, and that contract contains a term that the claim form may be served by that method. ## Footnote This is governed by CPR r 6.11.

Answer 781

The place at which the claim form may be served is likely directly related to the method of service chosen by the claimant. ## Footnote Place of service is not relevant if a defendant is served by personal service.

Answer 782

If the defendant has given, in writing, the business address within the jurisdiction of a solicitor, or if a solicitor has notified the claimant, in writing, that they are instructed to accept service of the claim form. ## Footnote This is outlined in CPR r 6.7.

Answer 783

Only deal with the solicitor, not their client. ## Footnote Contacting the opposing party directly is not permitted.

Answer 784

Service on the solicitor will be ineffective. ## Footnote This holds even if there has been extensive pre-action correspondence.

Answer 785

The claim can become time-barred if the limitation date has passed and the claim form is close to its expiry date. ## Footnote The claim form has a validity period of four months from issue.

Answer 786

CPR r 6.8 ## Footnote CPR refers to the Civil Procedure Rules.

Answer 787

At an address where they reside or carry on business within the UK and which they have given for service. ## Footnote This must not be relied upon if a solicitor is instructed.

Answer 788

The claim may be served at an address given by the landlord for service of notices under s 48 of the Landlord and Tenant Act 1987. ## Footnote This is a specific provision under the law.

Answer 789

The claim form may be served at a specified place in a contract if the claim is solely in respect of that contract. ## Footnote The contract must contain a term allowing this method of service.

Answer 790

The rules regarding service out of the jurisdiction apply, and permission may be required. ## Footnote This ensures compliance with legal standards for international service.

Answer 791

They can be served at an address within the jurisdiction without needing permission from the court. ## Footnote This is often included in commercial agreements to simplify service.

Answer 792

If the claimant has not been informed of the defendant’s solicitor authorized to accept service. ## Footnote This rule provides clarity on where to serve if no other address is provided.

Answer 793

False ## Footnote The address must be one they reside at or conduct business and provided for service.

Answer 794

s 48 of the Landlord and Tenant Act 1987 ## Footnote This is specific to landlord-tenant claims.

Answer 795

It allows an overseas party to maintain an address for service in the jurisdiction. ## Footnote This can simplify legal proceedings and service requirements.

Answer 796

Usual or last known residence. ## Footnote This applies to individuals not wishing to serve the defendant personally.

Answer 797

* Usual or last known residence of the individual. * Principal or last known place of business.

Answer 798

* Usual or last known residence of the individual. * Principal or last known place of business of the partnership.

Answer 799

* Principal office. * Any place of business within the jurisdiction which has a real connection with the claim.

Answer 800

* Principal office. * Any place within the jurisdiction where it carries on its activities, and which has a real connection with the claim.

Answer 801

* Principal office. * Any place of business within the jurisdiction which has a real connection with the claim.

Answer 802

* Any place within the jurisdiction where it carries on its activities. * Any place of business within the jurisdiction.

Answer 803

The claimant must take reasonable steps to ascertain the defendant’s current residence or place of business. ## Footnote This ensures that the claim form is served at the correct location.

Answer 804

The claim form should be served at the current address. ## Footnote This is essential for proper service.

Answer 805

The claimant must consider alternative places or methods for service. ## Footnote This includes options like known email addresses.

Answer 806

The claimant must make an application for alternative service under CPR r 6.15. ## Footnote This formalizes the request for alternative methods.

Answer 807

The claimant may serve the claim form on the defendant’s usual or last known address. ## Footnote This is a fallback option in the absence of other methods.

Answer 808

Practitioners would employ a tracer agent to confirm the correct address for service. ## Footnote Their report serves as evidence of proper service.

Answer 809

The jurisdiction is based on service of the claim form. ## Footnote This includes serving parties based overseas, given they can be served within the jurisdiction.

Answer 810

No, permission of the court is not required. ## Footnote This applies to companies served at their place of business within the jurisdiction.

Answer 811

A company or LLP may be served by: * Leaving the claim form at the registered office * Posting it to the registered office ## Footnote These methods are in addition to other service options.

Answer 812

It is publicly available information on Companies House. ## Footnote It is often the same as the principal office address.

Answer 813

They can be served by leaving or posting the claim form to the address registered for them at Companies House. ## Footnote This approach is outside the scope of CPR Pt 6 but has been approved in cases.

Answer 814

If the director has given an address in the jurisdiction as their service address on Companies House, service can be made using that address. ## Footnote This is applicable even if the director is based overseas.

Answer 815

An agent acts on behalf of the real contracting party, known as the principal.

Answer 816

The owner of the store is the seller, not the employee who makes the sale.

Answer 817

When the contract was entered into within the jurisdiction with, or through, the agent and either the agent's authority has not been terminated or the agent is still in business relations with the defendant.

Answer 818

Evidence supporting the application including contract details, circumstances of entry, and the agent's relationship to the principal.

Answer 819

Evidence explaining practical difficulties, such as the defendant being in a jurisdiction that does not facilitate service or has a cumbersome system.

Answer 820

It allows for an application for service by an alternative method or in an alternative place.

Answer 821

contracting party.

Answer 822

Details of the contract and circumstances of its entry.

Answer 823

A cumbersome system in the defendant's jurisdiction.

Answer 824

Service on the Attorney General must be effected on the Treasury Solicitor. Service on a government department must be effected on the solicitor acting for that department.

Answer 825

Serve the particulars of claim.

Answer 826

Service in proceedings against the Crown.

Answer 827

The second business day after completion of the relevant step.

Answer 828

service of the claim form.

Answer 829

Always deemed to be served on the second business day after completion of the relevant step.

Answer 830

The relevant step depends on the method of service used.

Answer 831

You may be given a scenario and asked to identify the most appropriate method of service.

Answer 832

Posting, leaving with, delivering to, or collection by, the relevant service provider. ## Footnote This applies to methods that provide delivery on the next business day.

Answer 833

Delivering to, or leaving the document at, the relevant place. ## Footnote This is applicable for all service methods that require a physical document delivery.

Answer 834

Leaving it with that individual. ## Footnote Personal service requires direct delivery to the individual recipient.

Answer 835

Leaving it with a person holding a senior position within the company or corporation. ## Footnote This ensures that the document reaches someone authorized to act on behalf of the company.

Answer 836

Leaving it with a partner, or a person who has control or management of the partnership business at its principal place of business. ## Footnote This ensures that the document is received by someone who can act on behalf of the partnership.

Answer 837

Completing the transmission of the fax. ## Footnote This confirms that the document has been sent successfully to the recipient's fax machine.

Answer 838

Sending the email or other electronic transmission. ## Footnote This method includes any electronic communication that delivers the document to the recipient.

Answer 839

Any day except Saturday, Sunday, a bank holiday, Good Friday or Christmas Day ## Footnote Defined under CPR r 6.2(b)

Answer 840

The following Tuesday ## Footnote First class post is required for this calculation

Answer 841

It is unique to service of claim forms ## Footnote Other documents have different rules for deemed date of service

Answer 842

CPR r 6.26 ## Footnote This includes particulars of claim if served separately

Answer 843

The rules on 'clear days' ## Footnote This is specific to the calculation of deemed service dates

Answer 844

Time periods expressed as a number of days in the CPR or a court order, excluding the first day and the last day if concluded by an event.

Answer 845

Weekends and public/bank holidays.

Answer 846

At least three days before the hearing.

Answer 847

Within 14 days.

Answer 848

16 October.

Answer 849

The rules on clear days do not apply.

Answer 850

On the following Tuesday.

Answer 851

On the following Monday.

Answer 852

The second business day following the relevant step.

Answer 853

You may be asked to calculate the deemed date of service of claim forms and other documents.

Answer 854

The deemed date of service and the specific rules for service.

Answer 855

12.00 midnight on the calendar day 4 months after the date of issue of the claim form ## Footnote Refer to CPR r 7.5(1) for specifics on the claim expiration.

Answer 856

The claim will expire and later service of the claim form would be ineffective ## Footnote This means there would no longer be underlying proceedings against the defendant.

Answer 857

Must be served within 14 days of the claim form ## Footnote This rule is subject to the deadline for serving the claim form being less than 14 days away.

Answer 858

No later than the latest time for serving a claim form ## Footnote Refer to CPR r 7.4(2) for further details.

Answer 859

No, they do not require service by the 4-month deadline ## Footnote Service is required after the defendant files an acknowledgment of service.

Answer 860

Within 28 days ## Footnote Refer to CPR r 58.5(1)(d) for specifics.

Answer 861

A standard form notice of the grounds relied upon must be filed and served ## Footnote Refer to CPR r 6.34 for details.

Answer 862

Make an application to the court and file an application notice with supporting evidence ## Footnote Include a draft particulars of claim and relevant documentation.

Answer 863

* The ground(s) for the application * Belief that the claim has a reasonable prospect of success * Defendant’s address or likely location ## Footnote Refer to CPR r 6.37 for more information.

Answer 864

* Defendant’s residence or place of business * Applicable procedural and substantive law * Availability of witnesses * Costs, delay, or inconvenience of proceeding elsewhere ## Footnote The burden of proof is on the claimant.

Answer 865

Full and frank disclosure ## Footnote This obligation ensures that all relevant facts are presented to the court.

Answer 866

The opposing party is not present to raise issues, so the applicant must inform the court of all relevant facts ## Footnote This includes facts that could be harmful to the applicant's position.

Answer 867

Applications seeking permission to serve out of the jurisdiction and applications for interim injunctions ## Footnote This includes freezing orders where prior notification could undermine the purpose of the order.

Answer 868

Applications for permission to serve out of the jurisdiction and interim injunctions ## Footnote Prior notification is important to ensure the integrity of the legal process.

Answer 869

False ## Footnote The applicant must disclose all relevant facts, including those that are harmful.

Answer 870

full and frank disclosure

Answer 871

An order obtained being set aside and an order for indemnity costs ## Footnote This highlights the importance of transparency in legal proceedings.

Answer 872

The court ## Footnote This reflects the court's authority in determining the appropriateness of jurisdiction.

Answer 873

The interests of all the parties and the interests of justice ## Footnote This ensures fairness and proper handling of cases.

Answer 874

In the country of location/registration ## Footnote This applies to cases involving land and intellectual property.

Answer 875

Jurisdiction issues arise ## Footnote This can complicate legal proceedings and enforceability.

Answer 876

If permission to serve outside is granted, the next consideration is how to effect service.

Answer 877

The same methods apply as for service within the jurisdiction.

Answer 878

There is little difference between methods of service.

Answer 879

Any method permitted by specific rules and the law of the country where service takes place.

Answer 880

* Service through foreign governments, judicial authorities, and British Consular authorities * Service on a State * Any procedure in a Civil Procedure Convention or Treaty * Any other method permitted by the local law of the country

Answer 881

Options are subject to limitations based on agreements by the specific country and local law.

Answer 882

It is the principal basis for the service of court proceedings out of the jurisdiction in over 70 countries.

Answer 883

10 February 1969

Answer 884

It also applies to service in any EU member state.

Answer 885

Countries that are parties to the Hague Service Convention and their restrictions.

Answer 886

Via a central appointed authority in each contracting state.

Answer 887

The Senior Master at the Royal Courts of Justice.

Answer 888

A request for service specifying the method of service.

Answer 889

* Be responsible for all expenses incurred by the Foreign and Commonwealth Office or foreign judicial authority * Pay those expenses upon being informed of the amount

Answer 890

A request for service specifying the method of service ## Footnote This includes service via an appointed central authority or service via the government of the relevant country.

Answer 891

To be responsible for all expenses incurred by the Foreign and Commonwealth Office or foreign judicial authority and to pay those expenses upon being informed of the amount ## Footnote Refer to CPR r 6.46.

Answer 892

* A copy of the claim form * A copy of the particulars of claim * Duplicate copies of the claim form and particulars of claim * Copies of any documents accompanying the claim form * Copies of any other relevant documents * Forms for responding to the claim * Any other documents required by CPR Practice Direction 6B * A formal translation of the documents in the official language of the country of service ## Footnote The translation must be signed by a qualified person.

Answer 893

If the country has English as an official language or the documents are served on a British citizen unless another language is required under their procedural law ## Footnote This is per CPR r 6.45.

Answer 894

* Sent to an authority designated under the Hague Service Convention * Sent to the Foreign and Commonwealth Office for arrangement of service through the selected official channel ## Footnote This process is crucial to ensure compliance with international service protocols.

Answer 895

The method of service and the date of service ## Footnote This certificate is provided by the relevant government, judicial, or consular authority.

Answer 896

False ## Footnote Specific countries do not permit service through government, judicial authorities, or British Consular authorities.

Answer 897

* Any Commonwealth State not party to the Hague Service Convention * The Isle of Man * The Channel Islands * Any British overseas territory ## Footnote A list can be found at CPR Practice Direction 6B, para 5.2.

Answer 898

It must be done directly by the claimant or their agent, often involving instructing a local solicitor ## Footnote This ensures compliance with local law.

Answer 899

Service through government, judicial authorities, and British Consular authorities is not permitted in specific countries.

Answer 900

Any Commonwealth State that is not a party to the Hague Service Convention or where the UK Government has not declared acceptance of its accession.

Answer 901

* Isle of Man * Channel Islands * British overseas territories

Answer 902

It must be done directly by the claimant or their agent, generally involving a local solicitor.

Answer 903

It permits direct service or service by postal channels, provided it is permissible under local law.

Answer 904

The Foreign Process Section must be involved, and documents must be placed in a sealed envelope for service.

Answer 905

Service of a claim form by any method permitted by the law of the country in which it is to be served.

Answer 906

Local law advice and appropriate evidence of effective service.

Answer 907

Compliance with the Hague Service Convention or any other applicable convention.

Answer 908

It can take many months or years for service to be effected via their central authority.

Answer 909

It might be necessary to ask the court to grant permission for an alternative method of service.

Answer 910

There is no deemed date of service for a claim form served outside the jurisdiction ## Footnote The date of service must be specified on the certificate provided by the authority that effected service.

Answer 911

Evidence of service from the solicitor or other agent that effected service ## Footnote This is crucial for validating the service process.

Answer 912

6 months from the date of issue ## Footnote This time limit is longer than for service within the jurisdiction due to more steps involved.

Answer 913

Particulars of claim ## Footnote This requirement is stated in CPR r 7.4(2).

Answer 914

The claim form and particulars of claim must be served within the 6-month period, rather than dispatched ## Footnote Within the jurisdiction, a claimant only needs to take the relevant step within 4 months.

Answer 915

Apply to the court for permission to serve the defendant in a manner not otherwise permitted by the CPR ## Footnote This applies mainly to the claim form but can also apply to any document in proceedings.

Answer 916

When an address for the defendant is unknown, such as in cases of online defamation ## Footnote Alternative methods include service by email or to a social media account.

Answer 917

Issue an application with the court, supported by evidence ## Footnote The application may be without notice to the defendant.

Answer 918

That the documents will come to the attention of the defendant ## Footnote Refer to CPR Practice Direction 6A, para 9.

Answer 919

* The method or place of service permitted * The date the claim form is deemed served * The period for the defendant to file an acknowledgment of service, admission or defence

Answer 920

In exceptional circumstances, mainly for the claim form or any document in proceedings ## Footnote Refer to CPR r 6.16.

Answer 921

It must be supported with evidence and can be made without notice ## Footnote Refer to CPR r 6.16.

Answer 922

When the defendant is aware of the claim but seeks to rely on technicalities to evade service.

Answer 923

To extend the period for service ## Footnote Refer to CPR r 7.6.

Answer 924

Before the existing deadline expires.

Answer 925

* The court has failed to serve the claim form * The claimant has taken all reasonable steps but was unable to comply * The claimant acted promptly in making the application

Answer 926

Claims where the claimant is seeking to serve a defendant overseas.

Answer 927

Consider sending documents to all known email addresses or social media accounts.

Answer 928

Seek a read receipt.

Answer 929

To demonstrate that communications are likely to come to the defendant’s attention.

Answer 930

An address within the UK to be served with all other documents in the proceedings ## Footnote This follows CPR r 6.23.

Answer 931

The particulars of claim will usually have to be served before any formal response from the defendant ## Footnote This indicates that an address for service might not have been provided at that stage.

Answer 932

Permission of the court is not required to serve the particulars of claim if the claim form states that particulars of claim are to follow ## Footnote This applies when the court has given permission for a claim form to be served out of the jurisdiction.

Answer 933

When a document, other than the claim form, is served within the UK ## Footnote This includes particulars of claim (when not served with the claim form), application notices, and court orders.

Answer 934

more straightforward

Answer 935

The second day after it was posted, left with, delivered to or collected by the relevant service provider ## Footnote If that day is not a business day, the deemed date of service is the next business day.

Answer 936

The second day after it was left with, delivered to or collected by the relevant service provider ## Footnote If that day is not a business day, the deemed date of service is the next business day after that day.

Answer 937

On that day ## Footnote In any other case, on the next business day after that day.

Answer 938

On that day ## Footnote In any other case, on the next business day after that day.

Answer 939

On that day ## Footnote In any other case, on the next business day after that day.

Answer 940

On that day ## Footnote In any other case, on the next business day after that day.

Answer 941

The deemed date of service is the next business day.

Answer 942

The following Wednesday.

Answer 943

The following Monday (Tuesday if the document is the claim form).

Answer 944

The following Monday.

Answer 945

The following Friday.

Answer 946

1,080 characters.

Answer 947

By paying the issue fee electronically.

Answer 948

On the fifth day after issuing.

Answer 949

14 calendar days.

Answer 950

Filing of claims online, automated notifications to defendants, and online responses with a defence.

Answer 951

At the point of fee payment and form submission.

Answer 952

Issuance up to midnight.

Answer 953

They face automatic dismissal.

Answer 954

14 days post-notification, with a 4-month maximum duration.

Answer 955

Guidance for defendants on how to respond to a claim and standard forms to acknowledge service, admit and defend the claim.

Answer 956

The time periods are longer for service outside the jurisdiction.

Answer 957

CPR Practice Direction 6B.

Answer 958

The relevant time period applicable to the country.

Answer 959

Specified sums (e.g., debt claim) and unspecified sums (e.g., negligence claim with damages to be assessed).

Answer 960

Response pack forms.

Answer 961

Before the claimant is required to serve a particulars of claim.

Answer 962

Initial disclosure ## Footnote Further details can be found at CPR Practice Direction 57AD.

Answer 963

A certificate of service ## Footnote This must be filed within 21 days of service of the particulars of claim.

Answer 964

If all defendants have acknowledged service by that time ## Footnote This refers to the time frame of 21 days after service of particulars of claim.

Answer 965

Where the claim form has been served and the date of service ## Footnote This ensures proper documentation of the service process.

Answer 966

Certificate of service ## Footnote This is outlined in CPR Pt 12.

Answer 967

On the second business day after taking the relevant step. ## Footnote This applies only if the claim form is served within the jurisdiction.

Answer 968

By 12.00 midnight on the date falling 4 months from the date of issue. ## Footnote This is crucial for ensuring timely service.

Answer 969

Within 6 months. ## Footnote This applies to all claim forms served outside the jurisdiction.

Answer 970

There are default addresses for service in the jurisdiction, varying by the nature of the defendant. ## Footnote This ensures that service can still be completed.

Answer 971

Express consent from the defendant or their solicitor. ## Footnote Without this consent, email service is not valid.

Answer 972

Apply to the court for permission to: * extend the period for service * serve by an alternative method * dispense with service of the claim form ## Footnote Prompt applications with evidence of efforts are essential.

Answer 973

It depends on the method used; for example, if sent by fax before 4.30pm on a business day, the deemed date is the same day. ## Footnote Different methods have different implications for deemed service dates.

Answer 974

Follow the Hague Service Convention if the country for service is a contracting party. ## Footnote This involves a specific process through the Foreign Process Section at the Royal Courts of Justice.

Answer 975

At the location confirmed by the solicitor. ## Footnote Service on a solicitor is invalid unless they are instructed to accept service of the claim form.

Answer 976

Is the claim form valid?

Answer 977

Have all the necessary steps for valid service been followed?

Answer 978

The claimant could obtain default judgment from the court.

Answer 979

If the validity is debatable and held to be valid, the defendant may be prevented from running a substantive defence.

Answer 980

The court will deem the issue of liability closed.

Answer 981

If the claim is for a specified sum of money.

Answer 982

Is England and Wales the correct jurisdiction for the claim? ## Footnote It is important that the defendant does not take any step in the claim that could amount to submitting to the jurisdiction of the English and Welsh court.

Answer 983

Promptly apply to the court. ## Footnote This is explained in further detail later in the chapter.

Answer 984

Is the claim time-barred? ## Footnote This concerns the substantive claim rather than procedure.

Answer 985

It is likely to be time-barred. ## Footnote The defendant must actively take a limitation point.

Answer 986

Apply to strike it out and/or plead limitation in the defence. ## Footnote A time-bar does not automatically render a claim void.

Answer 987

Where the defendant maintains they have a right to withhold payment because the claimant owes them other money. ## Footnote Defined under CPR r 16.6.

Answer 988

Where there are mutual debts or closely connected opposing claims. ## Footnote Example: a claim for sums due under a contract where there is a counterclaim for breach.

Answer 989

Must be pleaded in/with the defence. ## Footnote A counterclaim is generally included in the same document as the defence.

Answer 990

A counterclaim may also be a defence to the main claim if there is a right of set-off. ## Footnote The quantum of set-off must be stated.

Answer 991

Service of a claim form ## Footnote A defendant may call for service even if it is not in their best interest to do so before the claimant wishes to serve it.

Answer 992

The claimant may decide not to serve, fail to serve in time, or there may be defects in the claim ## Footnote These factors can be used to resist the claim.

Answer 993

Call for service under CPR r 7.7 ## Footnote This requires the claimant to serve the claim form or discontinue the claim.

Answer 994

A period of at least 14 days after service ## Footnote The notice requires the claimant to act within this timeframe.

Answer 995

The defendant can apply to the court for dismissal of the claim ## Footnote This provides a mechanism to address non-compliance.

Answer 996

To 'flush out' a claimant’s intentions ## Footnote This is particularly relevant if there is suspicion that the claimant does not intend to serve the claim form.

Answer 997

The defendant is deemed served with the particulars of claim ## Footnote The particulars of claim can be served with the claim form or up to 14 days later.

Answer 998

Calendar reminders for future deadlines ## Footnote This applies whether acting for the claimant or defendant.

Answer 999

Acknowledge service of the claim form ## Footnote This is required even if no particulars of claim have been served.

Answer 1000

Only after both the claim form and particulars of claim have been served ## Footnote This is different from the Commercial Court's requirement.

Answer 1001

Judgment in default ## Footnote Reference: CPR Pt 58.

Answer 1002

14 calendar days ## Footnote This is from the service of the particulars of claim.

Answer 1003

Admit the claim, file a defence, or file an acknowledgment of service ## Footnote Reference: CPR Pt 14 and CPR r 15.4(1)(a).

Answer 1004

Filing a full defence until 28 calendar days after deemed service ## Footnote This provides an extra 14 days.

Answer 1005

The following Tuesday ## Footnote This is the second business day after posting: CPR r 6.14.

Answer 1006

The second day after posting, considering business days ## Footnote Reference: CPR r 6.26.

Answer 1007

Difference in deemed dates of service for claim form and particulars of claim ## Footnote This occurs when they are served together.

Answer 1008

When they are enclosed with the claim form ## Footnote This is accepted in straightforward cases.

Answer 1009

Treat the beginning of the time period as the earliest of the two possible dates ## Footnote This helps manage the inconsistency in service dates.

Answer 1010

The location where the defendant has been served ## Footnote The time for responding is set out in a table at the end of CPR Practice Direction 6B.

Answer 1011

25 days ## Footnote This period applies from the date of service.

Answer 1012

21 days ## Footnote This is the longer time period compared to other jurisdictions.

Answer 1013

The court will specify the relevant period for a response ## Footnote This period will be the same as the days listed in the CPR Practice Direction 6B table.

Answer 1014

The time for filing a defence is extended by 14 days ## Footnote This is a standard extension for acknowledging an intention to defend.

Answer 1015

39 days ## Footnote This is calculated as 25 days for service plus 14 days for the acknowledgment.

Answer 1016

28 days ## Footnote This agreement must be notified to the court in writing.

Answer 1017

Record the extension in the DCP ## Footnote This allows for the extension to be officially noted.

Answer 1018

Make an application to the court for an order to extend time ## Footnote The application must be supported by evidence.

Answer 1019

By way of a consent order ## Footnote This avoids the need for a formal application supported by evidence.

Answer 1020

Parties in dispute are often reluctant to accommodate their opponents. ## Footnote This reluctance can hinder negotiations and resolution.

Answer 1021

It is prudent if your client agrees to the extension, especially if the court is likely to consider it reasonable. ## Footnote This can facilitate smoother proceedings.

Answer 1022

The first request for an extension is generally permitted, provided some reasonable reason is given. ## Footnote This sets a precedent for future requests.

Answer 1023

It would be more difficult to argue for an extension if your client has been unwilling to agree to sensible extensions in the past. ## Footnote This affects the credibility of future requests.

Answer 1024

If the defendant is successful, they could seek an order that your client pays their costs of the application. ## Footnote This emphasizes the importance of strategic opposition.

Answer 1025

An acknowledgment of service form ## Footnote This form is crucial for the defendant's response in legal proceedings.

Answer 1026

It is unlikely to invalidate the claim ## Footnote The claim can still proceed despite this oversight.

Answer 1027

Select the contest jurisdiction box on the acknowledgment of service form ## Footnote This must be filed with the court within the required time period.

Answer 1028

Taking any other step in the proceedings ## Footnote This includes not addressing any deadline for the defence.

Answer 1029

To extend the time for filing a defence by 14 days ## Footnote This is a critical aspect for defendants to manage their timelines.

Answer 1030

The defendant’s address for service of further documents ## Footnote This address must be within the UK as per CPR r 10.5(b) and CPR r 6.23.

Answer 1031

To serve a copy on all other parties to the claim ## Footnote This prevents misunderstandings about whether an acknowledgment has been filed.

Answer 1032

Waiting until the last minute ## Footnote Early filing helps prevent complications in legal proceedings.

Answer 1033

It adds 14 days to the existing period for a defence ## Footnote This extension applies regardless of when the acknowledgment is filed.

Answer 1034

14 days from the deemed date of service ## Footnote This is a critical deadline for the defendant's response.

Answer 1035

28 days from the deemed date of service ## Footnote This includes the original 14 days plus the additional 14 days from the acknowledgment.

Answer 1036

The same deadline of 28 days for the defence applies ## Footnote This demonstrates the consistency in the extension provided by the acknowledgment.

Answer 1037

The defendant may consider that the English court does not have jurisdiction or that it should not exercise jurisdiction due to a more appropriate forum.

Answer 1038

The application is usually considered by the court without notice to the defendant.

Answer 1039

The defendant will receive copies of the application and the claimant’s supporting evidence.

Answer 1040

The defendant may claim that some material fact was misrepresented or omitted.

Answer 1041

Runs from the date of filing the acknowledgment of service.

Answer 1042

Extends it by an additional 14 days.

Answer 1043

File an application disputing jurisdiction with the court.

Answer 1044

CPR rr 11.4(a).

Answer 1045

Not required to file a defense.

Answer 1046

No steps should be taken in the proceedings.

Answer 1047

Submitting to the jurisdiction.

Answer 1048

The claim will not be effective against the defendant.

Answer 1049

Make further orders to deal with the claim.

Answer 1050

* Setting aside the claim form * Setting aside service of the claim form * Discharging any order made before the claim commenced or served * Staying the proceedings.

Answer 1051

The acknowledgment of service will cease to have effect.

Answer 1052

File a further acknowledgment of service.

Answer 1053

Filing and service of the defense.

Answer 1054

The claimant can apply for judgment in default.

Answer 1055

Further details on judgment in default.

Answer 1056

Admit the whole claim or part of the claim ## Footnote CPR Pt 14.Pre-action admissions

Answer 1057

By notice in writing ## Footnote CPR r 14.1(1)(a)

Answer 1058

Yes, if the person to whom the admission was made agrees ## Footnote CPR r 14.1(1)(b)

Answer 1059

Apply to the court for judgment on the pre-action admission ## Footnote CPR r 14.1(2)(a)

Answer 1060

Make an application to the court for permission to withdraw it ## Footnote CPR r 14.1(2)(b)

Answer 1061

By notice in writing ## Footnote CPR r 14.2(1)

Answer 1062

* Admission of the whole or part of a claim for a specified amount of money * Admission of the whole or part of a claim for an unspecified amount of money * Admission of liability for an unspecified amount of money to be determined ## Footnote CPR 14.2(2)(a), CPR 14.2(2)(b), CPR 14.2(2)(c)

Answer 1063

Make an offer, in writing, of a sum in satisfaction of a claim for a specified or unspecified amount ## Footnote CPR 14.2(3)

Answer 1064

14 days after service of a claim ## Footnote This applies if served within the jurisdiction.

Answer 1065

The claimant will be able to enter judgment in default of the whole claim

Answer 1066

The same as the time period for service of the defence or acknowledgment of service

Answer 1067

A standard form for admitting the claim ## Footnote Usually served with the particulars of claim.

Answer 1068

* Admit liability only * Offer to pay a certain sum in satisfaction of the claim * Indicate how they could pay the sum admitted * Provide information for payment by instalments ## Footnote This includes information on employment, income, assets, and outgoings.

Answer 1069

File a defence within the prescribed period for the remainder of the claim

Answer 1070

The determination of the appropriate amount of damages is left to the court

Answer 1071

The claimant has the right to enter judgment in respect of the whole or part of the claim that has been admitted ## Footnote Refer to CPR rr 14.2(4) for details.

Answer 1072

Judgment will be for the amount claimed and costs, including interest ## Footnote See CPR rr 14.4(1) for specifics.

Answer 1073

A notice in writing of the date by which the judgment debt is to be paid or the times and rates for installment payments ## Footnote Refer to CPR 14.6(1) for more information.

Answer 1074

Judgment will be for an amount decided by the court and costs ## Footnote Refer to CPR r 14.2(7) for further details.

Answer 1075

* The defendant’s statement of means * The claimant’s objections to the defendant’s request * Any other relevant factors ## Footnote See CPR Practice Direction 14, para 5.1 for a detailed explanation.

Answer 1076

The permission of the court is required ## Footnote Refer to CPR r 14.2(11) for more details.

Answer 1077

* The grounds for seeking to withdraw the admission * Whether there is new evidence unavailable at the time of the admission * The conduct of the parties * Any prejudice to any person if the admission is withdrawn * The stage of the proceedings * The prospects of success of the claim * The interests of the administration of justice ## Footnote Detailed criteria can be found in CPR Practice Direction 14, para 7.2.

Answer 1078

The court can give directions about how the case will proceed to determine the remaining issues. ## Footnote This allows for further proceedings to clarify outstanding matters.

Answer 1079

A defence must be filed at court and served on every other party ## Footnote Refer to CPR r 15.6 for specifics on filing a defence.

Answer 1080

A counterclaim can be made against a claimant by a defendant, usually in one document with the defence titled 'Defence and Counterclaim' ## Footnote It may also serve as a defence to the main claim if there is a right of set-off.

Answer 1081

Yes, a counterclaim is a separate claim even if it serves as a defence ## Footnote A defendant must pay the same court issue fee as if they initiated a new claim.

Answer 1082

Part 20 claims are claims made by a defendant against a third party connected to the original claim ## Footnote These are governed by CPR Pt 20.

Answer 1083

Factors include: * Connection between the additional claim and the original claim * Whether the additional claimant seeks the same remedy as the original claimant * Desire for the court to decide questions involving non-parties ## Footnote Refer to CPR r 20.9 for more details.

Answer 1084

Only a defendant can make a Part 20 claim ## Footnote This includes defendants to a Part 20 claim.

Answer 1085

A specific Part 20 claim form must be used, and particulars must be pleaded ## Footnote See CPR r 20.7 for specifics.

Answer 1086

No, a Part 20 claim does not require permission from the court if issued with or before the defence is filed ## Footnote Refer to CPR r 20.7(3) for details.

Answer 1087

It must include a response pack, a copy of every statement of case already served, and any other documents directed by the court ## Footnote See CPR r 20.12 for more information.

Answer 1088

Judgment in default ## Footnote This allows the claimant to seek a judgment without a hearing.

Answer 1089

File their defence before the date judgment is to be entered ## Footnote Even if filed late, it can prevent default judgment.

Answer 1090

File a request for default judgment with the court ## Footnote This request is made in a standard form.

Answer 1091

* A specified sum of money * An amount of money to be decided by the court * Delivery of goods with an alternative of paying the value

Answer 1092

Default judgment will be on the amount of the claim and costs ## Footnote This is based on the specific sum requested.

Answer 1093

Default judgment will be for an amount to be decided by the court and costs ## Footnote The court will give directions for determination of those issues.

Answer 1094

Make a detailed application for default judgment under CPR Pt 23 ## Footnote This must be done as soon as possible.

Answer 1095

* Claim form served outside of the jurisdiction * Defendant failed to file an acknowledgment of service * No other CPR rule requires notice

Answer 1096

Supporting evidence must be provided ## Footnote This includes evidence on which the claimant relies.

Answer 1097

False ## Footnote Liability is determined by default, so such arguments cannot be raised.

Answer 1098

The claimant may not obtain a default judgment if the defendant has an outstanding application to strike out the claimant’s statement of case or for summary judgment.

Answer 1099

The claim is defective or has no reasonable prospect of success.

Answer 1100

They do not have to plead a defence.

Answer 1101

Require the claimant to plead further particulars of one or more issues within a set period.

Answer 1102

[improve their pleaded case]

Answer 1103

Mandatory grounds and discretionary grounds.

Answer 1104

The defence or acknowledgement of service was served/filed before the judgment, the defendant applied for strike out or summary judgment before the judgment, or the defendant paid/admitted the claim before judgment.

Answer 1105

The court may set aside or vary the judgment in default where the defendant has a real prospect of defeating the claim, or there is a good reason to set aside or vary the default judgment.

Answer 1106

Evidence, such as a witness statement and relevant documents.

Answer 1107

The court may vary the judgment rather than set it aside in full.

Answer 1108

Whether the defendant applied promptly and the reasons for any delay.

Answer 1109

Once the defendant is deemed served with the particulars of claim ## Footnote The particulars of claim may be served with the claim form or up to 14 days later.

Answer 1110

14 days from deemed service of the particulars of claim ## Footnote This includes admitting the claim, filing a defence, or filing an acknowledgment of service.

Answer 1111

It extends the deadline for the defence by 14 days.

Answer 1112

The place where the defendant has been served ## Footnote The relevant time period for each country is detailed in CPR Practice Direction 6B.

Answer 1113

An extension of up to 28 days ## Footnote They must notify the court in writing about the agreement.

Answer 1114

Make an application under CPR Pt 11.

Answer 1115

File an acknowledgment of service selecting the option to contest jurisdiction.

Answer 1116

Any step that could be characterised as submitting to the jurisdiction.

Answer 1117

Within 14 days of filing the acknowledgment of service.

Answer 1118

The defendant will be taken to have accepted jurisdiction.

Answer 1119

The right to enter judgment in respect of the admitted claim.

Answer 1120

Judgment is entered against the defendant, and they are liable for the claimant's costs.

Answer 1121

A claim made against a claimant by a defendant.

Answer 1122

It may also serve as a defence to the main claim if a set-off applies.

Answer 1123

Issue a Part 20 claim against the third party.

Answer 1124

Apply for judgment in default.

Answer 1125

Satisfy the court that there is a real prospect of defeating the claim and good reason to set aside or vary the judgment.

Answer 1126

The promptness of the defendant's application.

Answer 1127

Documents in which parties set out their legal and factual case ## Footnote Commonly referred to as 'pleadings'.

Answer 1128

* Claim form * Particulars of claim * Defence * Reply * Counterclaim * CPR Pt 20 claim form * Particulars of additional claim * Defence and reply regarding the same * Responses to requests for further information

Answer 1129

They set out the scope of claims and defences and the key facts on which the parties rely.

Answer 1130

The basis for understanding a party’s legal and factual case, including the opponent's case.

Answer 1131

The opposing party can require inspection of that document.

Answer 1132

To ascertain the issues in dispute to be determined at trial.

Answer 1133

Against the parties’ pleaded cases in the statements of case.

Answer 1134

It is likely that the issues in dispute, scope of disclosure, and other related elements will also change.

Answer 1135

Consent from the other parties or permission from the court to amend their statement of case.

Answer 1136

claim or a defence

Answer 1137

A potentially prejudicial effect on a party’s opponent.

Answer 1138

The correct title of the proceedings, including the court, full names of the parties, parties’ status, and case number ## Footnote Example of court title: 'In the High Court of Justice Business and Property Courts of England and Wales Business List (ChD)'

Answer 1139

'In the High Court of Justice Business and Property Courts of England and Wales Business List (ChD)' ## Footnote This title indicates the jurisdiction and specific court handling the case.

Answer 1140

Full names of the parties and their status ## Footnote Status example: 'Second Claimant'

Answer 1141

It identifies the specific proceedings and is required once proceedings have been issued ## Footnote Reference: CPR Practice Direction 7A, para 4.1

Answer 1142

Numbered paragraphs, dealing with only one issue per paragraph

Answer 1143

Susan Jones - and - James Archer ## Footnote This refers to natural persons in legal proceedings.

Answer 1144

Susan Jones (trading as Sue’s Nails) - and - James Archer (trading as Mr Mechanic) ## Footnote This highlights the distinction of the trading name in legal documents.

Answer 1145

1. Aysha Partner 2. Barbara Partner - and - 1. Christopher Partner 2. Damian Partner ## Footnote This indicates how individual partners may be named in legal contexts.

Answer 1146

AB Partners (a firm) - CD Partners (a firm) ## Footnote This format indicates the collective name of the partnership.

Answer 1147

A Company Plc - and - B Company Ltd ## Footnote This includes various forms of incorporated entities.

Answer 1148

C Partners LLP - D Firm LLP ## Footnote This reflects the specific legal structure of limited liability partnerships.

Answer 1149

See CPR Practice Direction 7A, para 5.5 ## Footnote This provision outlines the legal framework for claims involving the estate of a deceased individual.

Answer 1150

See CPR r 16.2(1A) ## Footnote This rule details how the Crown is to be represented in court cases.

Answer 1151

See CPR Practice Direction 21, para 1 ## Footnote This provision describes the role and responsibilities of a litigation friend in legal proceedings.

Answer 1152

See s188(1) and Sch B1 to the Insolvency Act 1986 ## Footnote These sections provide specific legal guidelines for companies undergoing liquidation or administration.

Answer 1153

Circumstances where a defendant cannot be named because their identity is not known ## Footnote This term is used in legal contexts where a defendant's identity is ambiguous or undisclosed.

Answer 1154

A statement of truth: CPR r 22.1(1)(a) ## Footnote Verification is crucial for the admissibility of the statement as evidence.

Answer 1155

The document cannot be relied on as evidence and may be struck out or result in adverse cost consequences: CPR r 22.2 ## Footnote This emphasizes the importance of proper verification in legal documents.

Answer 1156

[I believe] [the (claimant or as may be) believes] that the facts stated in this [name document being verified] are true ## Footnote This is the required wording for verifying the truthfulness of the document's contents.

Answer 1157

The party or their legal representative ## Footnote The signature validates the truth of the contents according to legal standards.

Answer 1158

The office or position they hold ## Footnote This ensures accountability and proper representation of the company's interests.

Answer 1159

They must have personal knowledge of the matters in the document or manage those who do: CPR Practice Direction 22, para 3.11 ## Footnote This requirement ensures that the signer is adequately informed about the document's content.

Answer 1160

* Explain to the client that signing confirms the client's belief in the truth of the facts stated * Inform the client of possible consequences if the client did not honestly believe in the truth of the facts ## Footnote This process protects both the client and the legal representative from potential legal repercussions.

Answer 1161

Proceedings can be brought against that person for contempt of court: CPR r 32.14 ## Footnote This serves as a deterrent against dishonesty in legal proceedings.

Answer 1162

Rules on font, spacing, and page length of statements of case and other documents ## Footnote Compliance with these guidelines is essential for the acceptance of legal documents.

Answer 1163

25 pages ## Footnote Exceeding this limit requires court permission, which is granted only in exceptional circumstances.

Answer 1164

12 ## Footnote This requirement ensures readability and professionalism in legal documents.

Answer 1165

1.5 line spacing ## Footnote Proper formatting enhances clarity and presentation in legal filings.

Answer 1166

It starts court proceedings and must be in a prescribed format.

Answer 1167

The full name and address of each claimant and each defendant.

Answer 1168

The addresses should be where the relevant party resides or carries on business.

Answer 1169

No, there is no limit to the number of parties.

Answer 1170

The claimant’s case and the remedies claimed under 'Brief details of claim.'

Answer 1171

It defines the scope of the claim brought.

Answer 1172

An address for service and a statement of value for monetary claims.

Answer 1173

The amount of money claimed or a range of possible recoverable amounts.

Answer 1174

* The amount of money claimed * Not more than £10,000 * More than £10,000 but not more than £25,000 * More than £25,000 but not more than £100,000 * More than £100,000 * Cannot say how much is likely to be recovered.

Answer 1175

The claimant expects to recover more than £100,000 (£50,000 for personal injury claims).

Answer 1176

A separate calculation of interest accrued and the basis for the calculation

Answer 1177

* The claim is for a sum in a specified foreign currency * Why it is for payment in that currency * The sterling equivalent of the sum as at the date of the claim * The source of the exchange rate relied upon: CPR Practice Direction 16, para 9.1

Answer 1178

State which list

Answer 1179

Tick the box stating that it will follow

Answer 1180

Specific practice directions

Answer 1181

Ensure you are using the correct claim form and file all relevant documents

Answer 1182

Additional/modified requirements

Answer 1183

The Commercial Court – form N1(CC)

Answer 1184

A statement of case that provides further detail of a claim

Answer 1185

The defendant and the court of the matters on which the claimant relies

Answer 1186

* Details of the relevant parties * Each element of the causes of action asserted * The facts relied upon to establish each required element * The remedies sought

Answer 1187

How that sum has been calculated

Answer 1188

* The representation made * By whom it was made * How it was made * When it was made * That it was relied upon

Answer 1189

Details that are not necessary to establish the cause of action

Answer 1190

It presents facts on which the claimant relies, not the evidence itself

Answer 1191

With the claim form or shortly after

Answer 1192

A prescribed format

Answer 1193

No, it should not try to anticipate the contents of the defence

Answer 1194

To answer important points raised by the defence in the reply

Answer 1195

They must be relevant to establishing the claim

Answer 1196

The existence of a duty of care owed by the defendant to the claimant ## Footnote This is essential for the claimant to succeed in their claim.

Answer 1197

The exact nature of that duty ## Footnote This helps clarify the responsibilities of the defendant.

Answer 1198

The alleged breach of that duty ## Footnote This outlines how the defendant failed to meet their obligations.

Answer 1199

Causation of loss ## Footnote This shows how the breach directly caused harm to the claimant.

Answer 1200

Damages claimed ## Footnote This specifies the compensation the claimant is seeking.

Answer 1201

Interest pursuant to the relevant statute ## Footnote This can affect the total amount claimed.

Answer 1202

Any allegation of fraud ## Footnote This ensures the defendant is aware of the serious nature of the claim.

Answer 1203

The fact of any illegality ## Footnote This can impact the validity of the claim.

Answer 1204

Details of any misrepresentation ## Footnote This helps substantiate the claim against the defendant.

Answer 1205

Details of all breaches of trust ## Footnote This clarifies the nature of the defendant's wrongdoing.

Answer 1206

Notice or knowledge of a fact ## Footnote This is crucial for establishing the defendant's awareness of issues.

Answer 1207

Details of unsoundness of mind or undue influence ## Footnote This pertains to the claimant's capacity to make decisions.

Answer 1208

Details of wilful default ## Footnote This indicates intentional wrongdoing by the defendant.

Answer 1209

Any facts relating to a claim for mitigation expenditure ## Footnote This is relevant for demonstrating efforts to reduce losses.

Answer 1210

True ## Footnote This ensures fair opportunity for the defendant to respond.

Answer 1211

The claimant will not be permitted to rely on allegations of this nature at trial ## Footnote This underscores the importance of specificity in legal claims.

Answer 1212

Interest must be stated in the particulars of claim as per CPR r 16.4(1)(b) ## Footnote This includes the basis for the claim and applicable rates.

Answer 1213

The basis and rate of interest depend on: * nature of the loss/damage claimed * any terms agreed between the parties * applicable laws ## Footnote For example, the Late Payments of Commercial Debts (Interest) Act 1998.

Answer 1214

Details include: * whether interest is claimed under a contract, enactment, or other basis * date from which it is claimed * date to which it is calculated * total amount of interest claimed * daily rate of accrual ## Footnote Refer to CPR r 16.4(2) for specifics.

Answer 1215

Interest can be claimed under s 35A if the claim is in the High Court ## Footnote This applies when no specific contract terms for interest exist.

Answer 1216

Interest can be claimed under s 69 if the claim is in the county court ## Footnote This applies when no specific contract terms for interest exist.

Answer 1217

A general statement should include: * interest rate * period as the court sees fit under s 35A of the Senior Courts Act 1981 ## Footnote This is applicable when no contractual term is available.

Answer 1218

For a specified part, state: * total interest * sum upon which interest is claimed * percentage rate * dates * number of days * daily rate thereafter ## Footnote Example: “under s 35A at [8]% per annum from [breach Date] to the date of issue (100 days).”

Answer 1219

False ## Footnote Interest can also be claimed under enactments or other bases.

Answer 1220

1998 ## Footnote This act helps claim interest on late payments in commercial contracts.

Answer 1221

The maximum date is the date the claim form is issued ## Footnote This ensures clarity in the calculation of interest.

Answer 1222

The client's signature and some substance of the statement ## Footnote This ensures that the statement could not have been added later.

Answer 1223

To provide prescriptive requirements for structuring a statement of case ## Footnote Specifically for cases involving construction of a document.

Answer 1224

The background knowledge available to the parties at the time of the contract/document ## Footnote It is relevant to the interpretation of the document.

Answer 1225

Respond to every allegation made ## Footnote According to CPR r 16.5.

Answer 1226

* Deny with reasons * Admit with reasons * Neither admit nor deny ## Footnote If not addressed, the defendant is deemed to have accepted the allegation.

Answer 1227

The defendant is deemed to have accepted the claimant's version of events ## Footnote This highlights the importance of a complete and fully explained defence.

Answer 1228

Language that indicates unaddressed particulars should not be taken as admission ## Footnote It is used to prevent accidental acceptance of unaddressed claims.

Answer 1229

It should follow the structure of the particulars of claim ## Footnote This allows for a methodical response to each allegation.

Answer 1230

To set out an alternative version of events ## Footnote It may also include a set-off and/or counterclaim.

Answer 1231

A claim made by the defendant against the claimant alleging loss caused by the claimant ## Footnote For example, for breach of contract or negligence.

Answer 1232

Serve a defence to the counterclaim ## Footnote This is often provided together with a reply.

Answer 1233

The same document as the defence ## Footnote Refer to CPR Practice Direction 20, para 6.1

Answer 1234

No ## Footnote The counterclaim must be pleaded in the same format and level of detail as particulars of claim

Answer 1235

No different than for the claimant on the primary claim

Answer 1236

A specific Part 20 claim form ## Footnote As per CPR r 20.7

Answer 1237

A response pack in the usual way

Answer 1238

Forms designed for Part 20 claims

Answer 1239

It needs to reflect all parties with a single identification

Answer 1240

In the order they join the proceedings ## Footnote For example, as third party, fourth party, etc.

Answer 1241

A hearing to consider case management

Answer 1242

At the same time as the conference for the original claim

Answer 1243

The Defendant believes that the facts stated in this Defence and Counterclaim are true.

Answer 1244

Proceedings for contempt of court may be brought against anyone who makes, or causes to be made, a false statement without an honest belief in its truth.

Answer 1245

I am duly authorised by the Defendant to make this statement.

Answer 1246

No, a reply to a defence is not mandatory.

Answer 1247

The claimant is not taken to admit anything the defendant has raised in the defence.

Answer 1248

A reply allows the claimant to address any new issues that have been raised in the defence.

Answer 1249

The reply must be filed by no later than the date for filing the directions questionnaire.

Answer 1250

The claimant is taken to require that the defendant prove that matter.

Answer 1251

In the Commercial Court, a reply must be filed and served within 21 days of service of the defence.

Answer 1252

The claimant is required to file and serve a defence to counterclaim.

Answer 1253

A defence to counterclaim is substantively the same as a defence to any claim.

Answer 1254

The reply and defence to counterclaim should normally form one document.

Answer 1255

The defence to counterclaim must be served within 14 days from service of the defence and counterclaim.

Answer 1256

Check the court guide for specific requirements.

Answer 1257

A defence to counterclaim must be filed and served within 28 days of service of the defence and counterclaim.

Answer 1258

Clarify any matter in dispute or give additional information ## Footnote This is governed by CPR Pt 18.

Answer 1259

No ## Footnote The issue may arise when a party is unclear in their statement.

Answer 1260

Send a written request for further information (RFI) ## Footnote This is detailed in CPR Practice Direction 18.

Answer 1261

It must specify it is a request under CPR Pt 18 and include a response deadline ## Footnote The deadline must allow reasonable time to respond.

Answer 1262

A letter or a separate document ## Footnote A brief RFI can be in letter form with multiple requests.

Answer 1263

It must be concise and confined to necessary and proportionate matters ## Footnote This is to prepare the requesting party's case or understand the opposing case.

Answer 1264

It is a statement of case with the same status as particulars of claim or defence ## Footnote Responses must adhere to the same standards as formal pleadings.

Answer 1265

The name of the court and the title and number of the claim stating that it is a request made under CPR Pt 18

Answer 1266

The party requesting the further information and the party to provide the further information

Answer 1267

The document and the paragraph of words to which it relates

Answer 1268

By 'Of paragraph Y: [request]'

Answer 1269

The date by which a response is expected

Answer 1270

Inform the party making the RFI promptly and provide reasons for the objection

Answer 1271

The request is not necessary or proportionate for preparing their case

Answer 1272

The heading of the proceedings in the same way as is required for an RFI

Answer 1273

That it is a response to the relevant RFI

Answer 1274

The text of each paragraph of the RFI

Answer 1275

A copy of any document that forms part of the response

Answer 1276

A signed statement of truth

Answer 1277

All parties to the proceedings and filed with the court

Answer 1278

An application under CPR Pt 18 can be made using the standard CPR Pt 23 procedure. ## Footnote RFI stands for Request for Information, which is a formal request made during legal proceedings.

Answer 1279

The application should include the response(s) to the RFI and set out the elements of the RFI on which an order is sought. ## Footnote This ensures that the court has all necessary information to make a decision.

Answer 1280

An application under CPR Pt 18 does not need to be served and the court may deal with the application without a hearing. ## Footnote This provision streamlines the process for applicants.

Answer 1281

A successful applicant will generally be awarded their costs of the application, assessed summarily. ## Footnote This means costs are determined quickly without a detailed assessment.

Answer 1282

An RFI can help to highlight a defect in a party’s case, indicating the case may be weak. ## Footnote For example, inadequate details about an oral contract could suggest there was no contract.

Answer 1283

The court can require further information rather than immediately striking out the case. ## Footnote This allows for a more thorough examination of the case before a decision is made.

Answer 1284

Amendments commonly arise from opposing party pleadings exposing defects or new information coming to light during disclosure. ## Footnote This allows parties to rectify claims or defenses based on the latest information.

Answer 1285

CPR Pt 17 deals with amendments to statements of case. ## Footnote It provides the framework for how and when amendments can be made.

Answer 1286

A party can amend their statement of case at any time with the written consent of all parties, or before service without consent. ## Footnote This includes amendments made after a claim form is issued but before it is served.

Answer 1287

The amendment can be disallowed if challenged by the opposing party. ## Footnote This emphasizes the importance of timing in legal amendments.

Answer 1288

The permission of the court is required. ## Footnote This ensures that all parties are treated fairly in the amendment process.

Answer 1289

The court considers the overriding objective, possible delay, and the merits of the case.

Answer 1290

To deal with cases justly and at proportionate cost.

Answer 1291

The need to deal with cases justly and at proportionate cost.

Answer 1292

Potential new disclosure searches, new witness statements, expert evidence, and loss of trial date.

Answer 1293

The court is extremely reluctant to adjourn a trial.

Answer 1294

They can influence the court's determination on whether to allow the amendment.

Answer 1295

If it arises from late disclosure of a crucial document by the defendant.

Answer 1296

Some prospect of success.

Answer 1297

The court has a narrower scope to permit amendments.

Answer 1298

* To add or substitute a new claim arising from the same or substantially the same facts * To correct a genuine mistake regarding a party's name * To alter the capacity in which a party claims.

Answer 1299

Use the general procedure set out in CPR Pt 23 and file a copy of the statement of case with draft proposed amendments.

Answer 1300

An amended form of the statement of case must be filed as served.

Answer 1301

* First amendments are shown in red text * Later amendments are shown in green, violet, then yellow.

Answer 1302

The party amending is responsible for any costs incurred by other parties due to the amendments.

Answer 1303

Generally, the losing party pays the costs of the successful party.

Answer 1304

Crucial documents in court proceedings that set out the scope of claims and defences and the key facts on which the parties rely.

Answer 1305

Inspection of that document.

Answer 1306

A signed statement of truth in prescribed form.

Answer 1307

It can lead to contempt of court proceedings.

Answer 1308

A statement of case that provides further detail of a claim, setting out the claim in greater detail than the claim form.

Answer 1309

* s 35A of the Senior Courts Act 1981 (High Court) * s 69 of the County Courts Act 1984 (county court)

Answer 1310

Respond to every allegation by denying, admitting, or neither admitting nor denying.

Answer 1311

Within the same document as the defence.

Answer 1312

A specific Part 20 claim form must be issued.

Answer 1313

No, it is not mandatory.

Answer 1314

By the date for filing the directions questionnaire.

Answer 1315

They are not taken to admit anything the defendant has raised in the defence.

Answer 1316

14 days from service of the defence and counterclaim.

Answer 1317

A request for information used to seek clarification of any matter in dispute or additional information related to such matters.

Answer 1318

Matters which are reasonably necessary and proportionate to enable the requesting party to prepare their case.

Answer 1319

At any time with the written consent of all parties.

Answer 1320

No, consent or permission is not required.

Answer 1321

Permission of the court is required.

Answer 1322

Whether a relevant limitation period has expired.

Answer 1323

The overriding objective and all the merits of the case.

Answer 1324

The need to deal with cases justly and at proportionate cost.

Answer 1325

The court has a much narrower scope to permit amendments.

Answer 1326

The usual means by which a party to civil litigation seeks an order from the court before trial.

Answer 1327

Orders associated with the progression of the case, including: * Specific disclosure * Expert evidence * Extension of time for complying with a direction

Answer 1328

When an order is sought on the basis that the issue should not or cannot wait until trial.

Answer 1329

An order sought to prevent an action from occurring before the trial.

Answer 1330

To resolve the claim before trial, either by strike out or summary judgment.

Answer 1331

Try to deal with an issue by consent before issuing an application.

Answer 1332

Write to their opponent, state the basis for the order, and request compliance without court application.

Answer 1333

In the absence of agreement by a specific deadline, an application will be issued and costs sought.

Answer 1334

It can assist in arguing about costs at the conclusion of an application.

Answer 1335

Write to the party from whom security will be sought, outline grounds, indicate the sum, and request voluntary provision.

Answer 1336

It helps to narrow the scope of an application, even if it does not resolve the issue entirely.

Answer 1337

When applying for a freezing order to prevent asset dissipation.

Answer 1338

Form N244 ## Footnote The court provides a sealed copy for service.

Answer 1339

* application notice (Form N244) * court fee * evidence (usually a witness statement) * draft order

Answer 1340

Why the applicant believes relevant grounds for the order sought are satisfied ## Footnote Relevant documents are usually included in an exhibit to the witness statement.

Answer 1341

Whether a hearing is necessary or if the application could be determined on paper.

Answer 1342

* estimate of the time required for the hearing * view on the level of judge required

Answer 1343

The court will fix a date for the application to be heard or the parties will liaise with the court.

Answer 1344

At least 3 clear days ## Footnote Refer to CPR r 23.7 for specific rules.

Answer 1345

Evidence in the form of a witness statement.

Answer 1346

Further evidence in response.

Answer 1347

* application notice * applicant’s evidence * respondent’s evidence * draft order * relevant inter-party correspondence

Answer 1348

Statements of case and principal orders previously made in the case.

Answer 1349

Legal authorities relied upon by the parties.

Answer 1350

Specific rules for preparing an application bundle and filing deadlines.

Answer 1351

[application notice].

Answer 1352

At least 24 hours before the hearing.

Answer 1353

Exchange their skeleton arguments in advance.

Answer 1354

Any action by your opponent.

Answer 1355

Email the other side to confirm readiness and agree on a time for exchange.

Answer 1356

File the skeleton argument with the court on time and wait for the opponent to confirm readiness to exchange.

Answer 1357

Any documents for exchange, including expert reports.

Answer 1358

They will usually be dealt with at a hearing.

Answer 1359

When a hearing is not appropriate or both parties agree to dispense with one.

Answer 1360

They should be conducted by telephone hearing.

Answer 1361

That an application be heard by video link.

Answer 1362

An interim costs order is made part way through a case to cover costs incurred by the successful party.

Answer 1363

Final costs orders deal with costs at the end of the trial, while interim costs orders are made during the case.

Answer 1364

* Costs in any event * Costs in the case * Costs reserved * No order (no order as to costs) * Wasted costs

Answer 1365

It means the successful party in the interim hearing recovers costs regardless of who wins at trial.

Answer 1366

Costs of the interim hearing will be dealt with at the same time and in the same way as final costs at the end of the trial.

Answer 1367

Costs will be decided later if appropriate or will follow costs in the case.

Answer 1368

Each party bears their own costs, generally ordered when there is no clearly successful party.

Answer 1369

One party’s solicitor pays the costs themselves, serving as a punishment for poor conduct.

Answer 1370

The unsuccessful party is generally ordered to pay the costs of the successful party.

Answer 1371

The court must regard all circumstances, including the merits of the application, attempts at settlement, and conduct of the parties.

Answer 1372

The applicant is unlikely to be awarded any costs incurred from the date of the offer onwards. ## Footnote The unsuccessful respondent might also be awarded some of their costs if the applicant should have accepted the offer.

Answer 1373

No, they are based on the positions taken by the parties on the specific application related to the costs. ## Footnote A party that wins at trial could still have unreasonably opposed an application for specific disclosure.

Answer 1374

The successful party must file and serve a signed statement of costs at least 24 hours before the hearing. ## Footnote Refer to CPR Practice Direction 44, para 9.5(4).

Answer 1375

It includes a breakdown of costs based on: * Solicitors’ hours spent * Hourly rates * Court fees * Counsel’s fees * Other disbursements. ## Footnote It is usually in a standard court form.

Answer 1376

As a general rule, they should be summarily assessed unless there is good reason not to. ## Footnote Refer to CPR Practice Direction 44, para 9.2(b).

Answer 1377

If the paying party shows substantial grounds for disputing the sum claimed. ## Footnote This can affect the assessment process.

Answer 1378

The court considers the relevant statement of costs and hears brief submissions from both parties regarding the reasonableness of the costs claimed. ## Footnote An appropriate sum is then determined.

Answer 1379

Payment is typically ordered within 14 days or another period the court considers reasonable. ## Footnote This timeframe can vary based on circumstances.

Answer 1380

It is usually expressed as 'X shall pay Y’s costs of the application, to be assessed if not agreed.' ## Footnote This indicates future assessment if necessary.

Answer 1381

It is a sum paid on account to the beneficiary of the costs order, considered no higher than the figure likely determined later at detailed assessment. ## Footnote This is commonly ordered at the time of the costs order.

Answer 1382

It is a cumbersome process and costly. Parties are generally better off agreeing on a reasonable figure for payment of costs. ## Footnote Both paying and receiving parties benefit from avoiding detailed assessment.

Answer 1383

If the costs of the receiving party are considered reasonable by the costs judge, the paying party may have to pay the costs incurred by the recipient in relation to the assessment. ## Footnote This can add to the overall costs of the process.

Answer 1384

CPR Pt 23 ## Footnote Some categories have specific rules that must be followed.

Answer 1385

CPR Practice Direction 17

Answer 1386

CPR r 3.4 and Practice Direction 3A

Answer 1387

CPR Practice Direction 25A

Answer 1388

CPR Practice Direction 25B

Answer 1389

An order for early judgment without a trial to dispose of the entire case or some issues.

Answer 1390

Either the claimant or the defendant

Answer 1391

The respondent has no real prospect of succeeding in the claim.

Answer 1392

Includes the improbable but not the fanciful.

Answer 1393

Key witnesses are unavailable

Answer 1394

Live evidence from witnesses

Answer 1395

An application must be made using the standard procedure under CPR Pt 23 and requires at least 14 calendar days' notice. ## Footnote CPR r 24.4(3) specifies the notice period for summary judgment applications.

Answer 1396

At least 7 days before the hearing. ## Footnote CPR r 24.5(1) outlines the timeline for the respondent's evidence.

Answer 1397

Serve it on the respondent at least 3 days before the hearing. ## Footnote CPR r 24.5(2) details the requirements for further evidence from the applicant.

Answer 1398

The permission of the court is required. ## Footnote CPR r 24.4(1) states that the time for the defendant to serve a defence is extended until after the hearing.

Answer 1399

At an early stage of the proceedings. ## Footnote CPR Practice Direction 26, para 5.3 advises early application for summary judgment.

Answer 1400

The substance of the defence that the defendant would raise. ## Footnote This helps the court assess the defendant's reasonable prospect of success.

Answer 1401

The court can: * Grant judgment on the claim * Strike out/dismiss the claim * Grant partial judgment * Dismiss the application * Issue a conditional order. ## Footnote Each outcome has specific implications for the case's progress.

Answer 1402

It allows the defence to continue under specific conditions, such as paying money into court or filing documents by a set date. ## Footnote Conditional orders may be made when the respondent is unlikely to succeed but still allowed to proceed.

Answer 1403

False. ## Footnote While not required, it is advisable for the defendant to produce a defence.

Answer 1404

Make further directions for the conduct of the case and any interim costs order. ## Footnote This ensures proper management of the ongoing case regardless of the summary judgment outcome.

Answer 1405

The court can strike out any statement of case under its case management provisions (CPR r 3.4(2)(a)). ## Footnote This power is exercised in specific circumstances outlined in the CPR.

Answer 1406

The court can strike out a claim if: * There are no reasonable grounds for bringing or defending the claim * It is obviously an abuse of process * There has been a failure to comply with a rule, practice direction, or court order ## Footnote Each of these circumstances has specific implications and standards that must be met.

Answer 1407

There must be sufficient evidence to determine the matter, or the case must not be based on incorrect law. ## Footnote This represents a high standard that must be met to avoid strike out.

Answer 1408

It means that the case is likely to obstruct the just disposal of proceedings. ## Footnote Abuse of process can include frivolous or vexatious claims.

Answer 1409

Failure to pay an allocation fee after the court has served notice requiring payment. ## Footnote This is outlined in CPR r 3.7.

Answer 1410

They provide for automatic strike out of a claim for failure to pay trial fees in accordance with a fee notice sent by the court. ## Footnote This emphasizes the importance of complying with fee requirements.

Answer 1411

An application for strike out can be made under the procedure set out in CPR Pt 23. ## Footnote This outlines the formal process for seeking a strike out.

Answer 1412

To conclude, or partly conclude, proceedings when there is 'no real prospect' of success or 'no other compelling reason' to proceed to trial.

Answer 1413

They are often brought on the basis that there are no reasonable grounds for bringing or defending the claim.

Answer 1414

The court can find that the claim has no real prospect of success based on known facts.

Answer 1415

summary judgment.

Answer 1416

1. The other side has 'no real prospect' of success. 2. There is 'no other compelling reason' to proceed to trial.

Answer 1417

It indicates that the case lacks reasonable grounds regardless of the evidence that might arise.

Answer 1418

An interim payment is a payment of any damages, debt or other sum (except for costs) which the court may hold the defendant liable to pay. ## Footnote Refer to CPR r 25.1(1)(k) for legal definition.

Answer 1419

The court may only make an order for an interim payment where certain conditions set out in CPR r 25.7(1) are satisfied. ## Footnote Conditions include admission of liability or a judgment obtained by the claimant.

Answer 1420

The defendant against whom an order is sought has admitted liability to pay damages or some other sum of money to the claimant. ## Footnote This condition allows for quicker access to funds for the claimant.

Answer 1421

The claimant has obtained judgment against the defendant for damages to be assessed or for a sum of money (other than costs) to be assessed. ## Footnote This condition ensures that there is a legal basis for the payment.

Answer 1422

The court must be satisfied that the claimant would obtain judgment for a substantial amount of money against the defendant. ## Footnote This refers to judgments excluding costs.

Answer 1423

An order for possession of land. ## Footnote The court must also be satisfied that the defendant would be liable to pay for occupation and use of the land.

Answer 1424

After the end of the period for the relevant defendant to file an acknowledgement of service. ## Footnote This is part of the procedural requirements under CPR.

Answer 1425

CPR Pt 23 procedure. ## Footnote This includes specific evidence requirements to support the application.

Answer 1426

* The sum of money sought by way of interim payment * The items or matters in respect of which the interim payment is sought * The sum of money for which final judgment is likely to be given * The reasons for believing that the conditions at CPR r 25.7(1) are satisfied * Any other relevant damage ## Footnote These items are essential for the court's consideration.

Answer 1427

14 days. ## Footnote This is longer than a general CPR Pt 23 application.

Answer 1428

Must be served at least 7 days before the hearing. ## Footnote The applicant must also serve any reply evidence at least 3 days before the hearing.

Answer 1429

A sum of money to be paid into court. ## Footnote Alternatives include payment to the applicant or a bank guarantee.

Answer 1430

It must not exceed a reasonable proportion of the likely final judgment and must consider contributory negligence, set-off or counterclaim. ## Footnote This is specified in CPR r 25.7.

Answer 1431

The fact that an interim payment has been ordered. ## Footnote Disclosure is postponed until all issues of liability and the amount of money to be awarded have been decided.

Answer 1432

An application for an interim payment. ## Footnote This is common practice when seeking damages.

Answer 1433

An interim payment on account of the damages. ## Footnote This applies when damages are to be assessed.

Answer 1434

Make a conditional order. ## Footnote This may include conditions the respondent must meet to continue their claim.

Answer 1435

The respondent must make an interim payment, usually into court. ## Footnote This is applicable when the summary judgment test is not met.

Answer 1436

The power to grant interim injunctions. ## Footnote This is outlined in CPR Pt 25.

Answer 1437

Mandatory injunctions and prohibitory injunctions

Answer 1438

An injunction that requires a party to do something

Answer 1439

An injunction that forbids a party from doing something

Answer 1440

An injunction issued before a threat is carried out

Answer 1441

Injunctions granted by the court for a limited period

Answer 1442

Interim injunctions last for a limited time; perpetual injunctions last indefinitely

Answer 1443

An actual cause of action

Answer 1444

No, it is not necessary

Answer 1445

That it is just and equitable to grant the injunction

Answer 1446

In circumstances such as serious and likely to continue harm, irreparable harm, difficult to assess harm, and respondent insolvency

Answer 1447

A court order requiring the defendant to act in a specified way

Answer 1448

They will suffer serious harm, likely to succeed at trial, and respondent's expense is not disproportionate

Answer 1449

An order restraining the respondent from acting in a specified way.

Answer 1450

When there is not enough time to go to full trial and obtain a final remedy.

Answer 1451

Is there 'a serious question to be tried'?

Answer 1452

The applicant has some chance of success; it must not be frivolous or vexatious.

Answer 1453

Is there a substantive cause of action which can be heard in England and Wales?

Answer 1454

Could each party be adequately compensated by damages?

Answer 1455

The claimant must be able to be adequately compensated for additional interim losses.

Answer 1456

The defendant must be able to be adequately compensated for their pre-trial losses.

Answer 1457

The state of affairs before the alleged wrong occurred.

Answer 1458

* Potential insolvency of a business * Unemployment issues * Loss of a large investment

Answer 1459

The 'status quo ante' will be preserved.

Answer 1460

If the balance appears to be even.

Answer 1461

Restraint of trade.

Answer 1462

For a strictly limited period.

Answer 1463

Final disposal of the action.

Answer 1464

When the respondent has no possible defense to the applicant's case.

Answer 1465

There has been undue delay by the applicant in bringing the claim.

Answer 1466

The applicant induced the respondent to act to their detriment.

Answer 1467

The applicant must not have committed some wrong related to the matters in issue.

Answer 1468

There would be no point in an injunction to prevent publication if information is already widely circulated.

Answer 1469

The court cannot force a shop to stay open and trade during particular hours.

Answer 1470

The standard procedure for interim applications under CPR Pt 23, with modifications for certain types of application.

Answer 1471

An affidavit rather than a witness statement.

Answer 1472

* The application notice * Evidence in support of the application * A draft order setting out the injunction sought.

Answer 1473

* The cause of action * The exact injunction sought * Why the injunction is necessary.

Answer 1474

An undertaking by the applicant to pay any damages which the respondent sustains if the order should not have been made.

Answer 1475

An explanation of why no notice should be given.

Answer 1476

Evidence that it has obtained a bank guarantee.

Answer 1477

A temporary court order preventing a party from taking certain actions until a full hearing can be held. ## Footnote Interim injunctions can be applied for with or without notice.

Answer 1478

Copies of the application notice, evidence, and draft order must be served on the respondent at least 3 clear days before the hearing. ## Footnote The judge decides whether to grant the injunction at the hearing.

Answer 1479

The application is issued by the court and evidence and draft order must be filed at least 2 hours before the hearing. ## Footnote The hearing may occur via teleconference in extreme urgency.

Answer 1480

The applicant must notify the respondent of the outcome of the hearing. ## Footnote The order will be served on the respondent, and a date for a return hearing will be set.

Answer 1481

To prevent the respondent from disposing of or removing their assets from the jurisdiction. ## Footnote This ensures that the respondent has funds to pay any damages awarded to the claimant.

Answer 1482

Mareva order or Mareva injunction. ## Footnote It is an interim prohibitory injunction.

Answer 1483

They will be in contempt of court for attempting to deal with or dispose of their assets. ## Footnote Access to reasonable living expenses may be allowed.

Answer 1484

An applicant must establish: * A good arguable case * The respondent legally owns assets in the jurisdiction * There is a real risk of asset disposal. ## Footnote The good arguable case does not need to exceed 50% prospects of success.

Answer 1485

Risk can be inferred if the respondent: * Has been dishonest * Defaulted on a debt in the past * Started to remove or disperse assets * Has assets in jurisdictions where judgments cannot be enforced * Lives in an offshore tax haven. ## Footnote These factors suggest a likelihood of asset removal.

Answer 1486

respondent

Answer 1487

Before service of the claim form and without notice ## Footnote This is to prevent the respondent/defendant from moving their assets abroad.

Answer 1488

* The draft application notice * A draft order * An affidavit * The claim form * A bank guarantee ## Footnote The draft order must include a penal notice.

Answer 1489

A penal notice stating that disobedience may lead to contempt, imprisonment, fines, or asset seizure ## Footnote This notice warns that those who disobey the order may face serious consequences.

Answer 1490

A sworn witness statement as evidence in support of the application ## Footnote A witness statement alone is insufficient.

Answer 1491

The application notice and claim form will be issued and the order for an injunction will be served on the respondent ## Footnote Copies of the freezing order are also served on third parties.

Answer 1492

Usually effective for up to 7 days ## Footnote This lasts until the return date when both parties should attend court.

Answer 1493

Only the defendant ## Footnote This is to ensure the claimant provides security for the defendant’s costs in case of a loss at trial.

Answer 1494

Security for the defendant’s costs ## Footnote This covers the possibility of the claimant losing at trial.

Answer 1495

True ## Footnote This ensures the respondent is informed about the proceedings.

Answer 1496

To demonstrate the applicant’s ability to pay any compensation under the cross-undertaking in damages ## Footnote This is important if the injunction is wrongly granted.

Answer 1497

Before service of the claim form and without notice ## Footnote This is to prevent the respondent/defendant from moving their assets abroad.

Answer 1498

* The draft application notice * A draft order * An affidavit * The claim form * A bank guarantee ## Footnote The draft order must include a penal notice.

Answer 1499

A penal notice stating that disobedience may lead to contempt, imprisonment, fines, or asset seizure ## Footnote This notice warns that those who disobey the order may face serious consequences.

Answer 1500

A sworn witness statement as evidence in support of the application ## Footnote A witness statement alone is insufficient.

Answer 1501

The application notice and claim form will be issued and the order for an injunction will be served on the respondent ## Footnote Copies of the freezing order are also served on third parties.

Answer 1502

Usually effective for up to 7 days ## Footnote This lasts until the return date when both parties should attend court.

Answer 1503

Only the defendant ## Footnote This is to ensure the claimant provides security for the defendant’s costs in case of a loss at trial.

Answer 1504

Security for the defendant’s costs ## Footnote This covers the possibility of the claimant losing at trial.

Answer 1505

True ## Footnote This ensures the respondent is informed about the proceedings.

Answer 1506

To demonstrate the applicant’s ability to pay any compensation under the cross-undertaking in damages ## Footnote This is important if the injunction is wrongly granted.

Answer 1507

The grounds are set out in CPR r 25.13(2)

Answer 1508

For an individual, it means where they normally reside; for a company, it means where the company has its place of central management and control.

Answer 1509

The court must be satisfied that they are resident in a foreign jurisdiction where enforcement of an English judgment would not normally be possible or would be difficult.

Answer 1510

Yes, it does not include a claimant residing in a state bound by the Convention on Choice of Court Agreements.

Answer 1511

It was opened for signature on 30 June 2005.

Answer 1512

It entered into force on 1 October 2015.

Answer 1513

Cases that involve a contract with an exclusive jurisdiction clause ## Footnote The Hague Choice of Court Convention aims to provide a framework for the recognition and enforcement of judgments made in exclusive jurisdiction agreements.

Answer 1514

No, it cannot be sought regardless of the nature of the claim ## Footnote This applies even if the claimant is resident outside of the jurisdiction.

Answer 1515

* All European Union member states * Mexico * Singapore * Montenegro ## Footnote These countries have agreed to adhere to the principles set forth in the Hague Convention.

Answer 1516

The likely costs of litigation and that the claimant company will be unable to pay them ## Footnote The assessment is based on the company's current financial position, but future prospects can also be considered.

Answer 1517

It must be more than a reasonable belief; the court must be persuaded that the claimant will be unable to pay ## Footnote The court requires strong evidence of the claimant's financial status.

Answer 1518

No, it can apply to companies within or outside the jurisdiction ## Footnote This includes companies that are residents in Hague Choice of Court Convention contracting states.

Answer 1519

Impecunious individual ## Footnote Impecuniosity can only apply to entities such as companies or limited liability partnerships, not to individuals.

Answer 1520

At the discretion of the judge ## Footnote The judge must consider if it would be just to grant the order based on the circumstances.

Answer 1521

Claimant's ability to comply with the order ## Footnote This is one of the main considerations for the court.

Answer 1522

A poor claimant may need security, but granting it could limit their access to court ## Footnote This could affect the claimant's right to a fair trial.

Answer 1523

Factors include: * Claimant's claim bona fide * Defendant's admissions * Substantial payments into court * Oppression of a genuine claim * Delay in application * Claimant's impecuniosity caused by defendant's conduct * Overriding objective of CPR

Answer 1524

75–80% of estimated costs ## Footnote This is based on what the defendant might reasonably expect to recover at trial if successful.

Answer 1525

Payment into court or other security is required either immediately or by a set date ## Footnote If the claimant wins at trial, the money will be returned with interest.

Answer 1526

Estimated additional costs to enforce a costs order in another jurisdiction ## Footnote This is to ensure the defendant is in a similar position as if the claimant was resident in the jurisdiction.

Answer 1527

False ## Footnote Impecuniosity is only relevant for entities like companies and partnerships.

Answer 1528

[discretion] ## Footnote The court considers what it thinks is just in relation to claimant's ability to raise funds.

Answer 1529

* payment into court * payment to the applicant’s solicitor * provision of a bank guarantee * provision of an undertaking to pay ## Footnote Bank guarantees are common in commercial cases.

Answer 1530

More control over how they provide security ## Footnote A claimant who anticipates an order for security can negotiate terms.

Answer 1531

In instalments, with sums becoming payable at the end of each stage ## Footnote For example, a sum for witness statements is payable after disclosure.

Answer 1532

The proceedings would be stayed.

Answer 1533

Standard procedure for interim applications under CPR Pt 23.

Answer 1534

Apply for a stay of the claim pending security being provided.

Answer 1535

A breakdown of how the sum sought has been calculated.

Answer 1536

It assists discussion between the parties and the court if necessary.

Answer 1537

It informs costs budgeting or the client about estimated costs.

Answer 1538

Interim applications are the usual means by which a party seeks an order from the court before trial.

Answer 1539

CPR Pt 23 (General Rules about Applications for Court Orders)

Answer 1540

Usually made with notice

Answer 1541

In exceptional circumstances where notice would defeat the purpose of the application

Answer 1542

Must make full and fair disclosure of material information to the court

Answer 1543

An application notice, supporting evidence, a draft order, and payment of the applicable fee

Answer 1544

At least 24 hours before the date of the hearing

Answer 1545

The unsuccessful party to pay the costs of the successful party, with costs summarily assessed

Answer 1546

A judgment before trial to dispose of the entire case or some issues where the defence or claim is unlikely to succeed

Answer 1547

The respondent has no real prospect of succeeding and there is no other compelling reason to wait for trial

Answer 1548

The court can strike out any statement of case if there are no reasonable grounds for bringing or defending the claim

Answer 1549

A payment of any damages, debt, or other sum which the court may hold the defendant liable to pay

Answer 1550

Using the standard procedure for interim applications under CPR Pt 23, with modifications for certain types of application

Answer 1551

An affidavit

Answer 1552

Generally a pre-requisite for obtaining an injunction

Answer 1553

To provide security for the defendant’s costs

Answer 1554

Only the defendant

Answer 1555

* The claimant is resident out of the jurisdiction * The claimant is an impecunious company

Answer 1556

To deal with cases justly and at proportionate cost. ## Footnote CPR (Civil Procedure Rules) r 1.1

Answer 1557

At all stages of proceedings. ## Footnote CPR 1.2–1.4

Answer 1558

That the parties are on an equal footing and can participate fully in proceedings. ## Footnote This includes enabling parties and witnesses to give their best evidence.

Answer 1559

Saving expense. ## Footnote This is a key consideration within the overriding objective.

Answer 1560

* The amount of money involved * The importance of the case * The complexity of the issues * The financial position of each party. ## Footnote These factors help in ensuring fairness and justice.

Answer 1561

That the case is dealt with expeditiously and fairly. ## Footnote This ensures timely access to justice.

Answer 1562

It requires allotting an appropriate share of the court’s resources while considering other cases. ## Footnote This reflects the need for efficient resource management.

Answer 1563

Enforcing compliance with rules, practice directions, and orders. ## Footnote See CPR r 1.1(2) for reference.

Answer 1564

When it exercises any power under the CPR or interprets any rule. ## Footnote This is subject to certain matters concerning national security.

Answer 1565

To actively manage cases.

Answer 1566

Encouraging the parties to co-operate with each other.

Answer 1567

The issues.

Answer 1568

Deciding promptly which issues need full investigation and trial.

Answer 1569

Disposing summarily of the others.

Answer 1570

The order in which issues are to be resolved.

Answer 1571

The use of alternative dispute resolution procedures.

Answer 1572

Helping the parties to settle the whole or part of the case.

Answer 1573

Fixing timetables.

Answer 1574

Whether the likely benefits justify the cost.

Answer 1575

As many aspects of the case as it can.

Answer 1576

Deal with the case without the parties needing to attend court.

Answer 1577

Technology.

Answer 1578

Giving directions to ensure that the trial proceeds quickly.

Answer 1579

All decisions made by the court during the course of proceedings.

Answer 1580

Decisions and orders the court must make to progress each claim through the necessary steps to prepare it for trial.

Answer 1581

To actively manage cases.

Answer 1582

Encouraging the parties to co-operate with each other.

Answer 1583

The issues.

Answer 1584

Deciding promptly which issues need full investigation and trial.

Answer 1585

Disposing summarily of the others.

Answer 1586

The order in which issues are to be resolved.

Answer 1587

The use of alternative dispute resolution procedures.

Answer 1588

Helping the parties to settle the whole or part of the case.

Answer 1589

Fixing timetables.

Answer 1590

Whether the likely benefits justify the cost.

Answer 1591

As many aspects of the case as it can.

Answer 1592

Deal with the case without the parties needing to attend court.

Answer 1593

Technology.

Answer 1594

Giving directions to ensure that the trial proceeds quickly.

Answer 1595

All decisions made by the court during the course of proceedings.

Answer 1596

Decisions and orders the court must make to progress each claim through the necessary steps to prepare it for trial.

Answer 1597

To enable the court to deal with cases justly and at proportionate cost. ## Footnote This objective guides the court's approach to managing cases effectively.

Answer 1598

Help the court further the overriding objective as per CPR r 1.3. ## Footnote CPR stands for Civil Procedure Rules.

Answer 1599

Case management issues. ## Footnote These issues can include the scope of searches for disclosable documents.

Answer 1600

Important documents may be missed. ## Footnote This can affect the outcome of the case.

Answer 1601

It can become burdensome and costly for the client. ## Footnote Clients may incur significant expenses in legal proceedings.

Answer 1602

How the court is likely to approach the issue if asked to make a determination. ## Footnote This involves anticipating the court's perspective on case management.

Answer 1603

[overriding objective]

Answer 1604

The scope of searches to find potentially disclosable documents. ## Footnote This can lead to disputes between parties.

Answer 1605

False. ## Footnote The court also considers the overriding objective and other relevant factors.

Answer 1606

To actively manage the case in accordance with the overriding objective.

Answer 1607

The power to strike out a case of its own initiative without an application from either party.

Answer 1608

Absent the most obvious and extreme cases.

Answer 1609

An opportunity for all parties to make submissions on the issue.

Answer 1610

To extend or shorten any time limits (CPR r 3.1(2)(a)).

Answer 1611

Call or adjourn any hearing and determine how it takes place (CPR r 3.1(2)(b) and (d)).

Answer 1612

Any directions or orders (CPR r 3.1(2)(m)).

Answer 1613

Any proceedings (CPR r 3.1(2)(f)).

Answer 1614

Consolidated, split or preliminary trials (CPR r 3.1(2)(e) and (g)–(j)).

Answer 1615

CPR rr 3.15 and 3.19–3.21.

Answer 1616

Strike out or debarring evidence (CPR r 3.4).

Answer 1617

Civil restraint orders (CPR r 3.11).

Answer 1618

[overriding objective].

Answer 1619

True, in extreme circumstances.

Answer 1620

Case Management Conference.

Answer 1621

Small Claims Track, Fast Track, Multi-Track ## Footnote Each track has standard directions and rules to ensure cases are handled proportionately.

Answer 1622

The version of the Civil Procedure Rules (CPR) and Practice Directions (PDs) in place before that date ## Footnote These rules relate to allocation, directions, and costs.

Answer 1623

The new version of the Civil Procedure Rules (CPR) ## Footnote This includes new numbering for provisions that remain substantively the same.

Answer 1624

Less than £10,000: CPR r 26.6(3) ## Footnote This includes various claims such as tenant repair claims and personal injury claims.

Answer 1625

Under £1,000: CPR r 26.6(1)(b)(ii) ## Footnote This applies specifically to claims made by tenants for repairs.

Answer 1626

Under £1,500, with specific exceptions for road traffic accidents: CPR r 26.6(a)(ii)(aa), (bb), (cc) ## Footnote Road traffic accidents have a different threshold of either £1,000 or £5,000.

Answer 1627

No, the criteria remains the same: CPR r 26.6(1)(a) ## Footnote Only the numbering of the rules has changed.

Answer 1628

Claims worth more than £10,000 but less than £25,000 ## Footnote Refer to CPR r 26.6(4) for details on Fast Track claims

Answer 1629

No longer than one day ## Footnote This is a standard expectation for Fast Track trials

Answer 1630

One expert per party ## Footnote Refer to CPR Pt 28 for expert witness guidelines

Answer 1631

Fixed recoverable costs (FRC) ## Footnote See PD 45 for details on FRC application

Answer 1632

Assigned to a complexity band ## Footnote Refer to CPR 26.7 for complexity banding

Answer 1633

Claims exceeding £25,000 ## Footnote Refer to CPR r 26.6(6) and CPR Pt 29

Answer 1634

Claims exceeding £100,000 ## Footnote This is specified in CPR r 26.6(6) and CPR Pt 29

Answer 1635

Includes complex cases not suitable for other tracks ## Footnote Examples include mesothelioma claims and clinical negligence claims

Answer 1636

* Mesothelioma or asbestos claims * Clinical negligence claims unless both breach of duty and causation are admitted * Claims involving harm, abuse, or neglect of/by children or vulnerable adults * Claims potentially tried by jury * Certain claims against the police ## Footnote Refer to relevant acts for legal definitions

Answer 1637

Intermediate Track ## Footnote Refer to CPR Part 26.9 for details on the Intermediate Track

Answer 1638

No more than three days ## Footnote This is a guideline for trial duration in the Intermediate Track

Answer 1639

Limited to two experts per party ## Footnote This is a specific limitation for the Intermediate Track

Answer 1640

Fixed recoverable costs (FRC) ## Footnote See PD 45 for details on FRC application

Answer 1641

Assigned to a complexity band ## Footnote Refer to CPR 26.7 for complexity banding

Answer 1642

The Fast Track ## Footnote The Fast Track is designated for straightforward cases with a monetary value up to £25,000.

Answer 1643

Between £25,000 and £100,000 ## Footnote The Intermediate Track is designed for less complex cases within this monetary range.

Answer 1644

Cases exceeding £100,000 or those of complexity ## Footnote The Multi-Track is for more complicated cases or those over the specified monetary limit.

Answer 1645

To fill the gap between the Fast Track and Multi-Track ## Footnote It is intended for less complex cases that can be resolved within a three-day trial.

Answer 1646

Less complex cases resolved in a three-day trial with limited expert evidence and a limited number of parties ## Footnote This track is tailored for simpler cases.

Answer 1647

Four complexity bands ## Footnote Each band has associated fixed costs for various stages of a claim.

Answer 1648

Specific exclusions ## Footnote These exclusions typically involve claims that are too complex or of a specific nature.

Answer 1649

Clinical negligence cases and certain actions against the police ## Footnote These claims are generally too complex for the Intermediate Track.

Answer 1650

No, they are not automatically assigned unless deemed just by the court ## Footnote The court evaluates each case individually.

Answer 1651

Provisionally decide which track the case is suitable for ## Footnote The court serves a notice of proposed allocation to the parties.

Answer 1652

* File and serve a completed directions questionnaire * File proposed directions * Fix a date for a CMC * File costs budgets for multi-track cases ## Footnote These steps are necessary for the progression of the case.

Answer 1653

Precedent H ## Footnote This form adheres to the requirements of CPR r 3.13.

Answer 1654

CPR r 26.2 and 26.3 ## Footnote These rules govern the transfer of cases based on jurisdiction.

Answer 1655

Which court (and division if High Court) they think the case should be allocated to ## Footnote This includes the listing of witnesses and whether expert evidence is required.

Answer 1656

An estimate for the length of the trial ## Footnote This is to assist the court in managing the case effectively.

Answer 1657

A list of directions they consider appropriate ## Footnote Refer to CPR r 26.3 for specific requirements.

Answer 1658

That they have complied with the relevant pre-action protocol ## Footnote If not, they must provide an explanation.

Answer 1659

Whether they would want to attempt to settle at that stage ## Footnote Parties can also request a 1-month stay of the proceedings.

Answer 1660

Give a reason for not wanting to settle ## Footnote It is encouraged that parties be willing to attempt settlement.

Answer 1661

No, it should be a very rare occasion ## Footnote The court may view a refusal to settle as unreasonable.

Answer 1662

To allocate a claim to a track after the parties have filed it ## Footnote The Directions Questionnaire is available on the GOV.UK website.

Answer 1663

CPR r 26.7

Answer 1664

28 days after service of the notice of proposed allocation ## Footnote 14 days in the small claims track.

Answer 1665

The court may make a further order to comply within 7 days ## Footnote Further non-compliance can lead to strike out.

Answer 1666

The court may strike out the claim or enter a default judgment against the defendant.

Answer 1667

When it receives the completed directions questionnaires, proposed directions, and costs budgets.

Answer 1668

Factors include: * financial value of the claim * nature of the remedy sought * likely complexity of facts, law, or evidence * number of parties or likely parties * amount of oral evidence required * views expressed by the parties * circumstances of the parties ## Footnote This is governed by CPR r 26.13.

Answer 1669

strike out

Answer 1670

To identify the issues in dispute between the parties and make directions to enable the case to proceed to trial.

Answer 1671

After the parties have completed their statements of case (close of pleadings).

Answer 1672

Interim applications such as security for costs or strike out.

Answer 1673

Costs and Case Management Conference.

Answer 1674

They must identify the issues in dispute between them.

Answer 1675

A document that outlines the decisions the court will have to make at trial.

Answer 1676

It involves scoping how to search for relevant documents as early as possible.

Answer 1677

Electronic documents such as emails and text messages.

Answer 1678

To help identify what is to be searched and how it is to be searched in a reasonable and proportionate manner.

Answer 1679

At least 14 days before the CMC.

Answer 1680

The documents that may be relevant and where they might be found.

Answer 1681

Estimate of costs of standard disclosure and the type of disclosure the party wants.

Answer 1682

It must be verified by a statement of truth.

Answer 1683

Discuss and seek to agree a proposal in relation to disclosure.

Answer 1684

At least 7 days before the CMC.

Answer 1685

The process is materially different from general disclosure, focusing on key issues rather than standard disclosure for all issues. ## Footnote See CPR Practice Direction 57AD for detailed guidance.

Answer 1686

Parties must provide key documents they rely on and those necessary for opposing parties to understand the claim or defence. ## Footnote Refer to CPR Practice Direction 57AD para 5.

Answer 1687

No, initial disclosure does not require any searches for documents at that stage.

Answer 1688

'Extended Disclosure' refers to the later process of searching for and disclosing documents relevant to the issues in dispute.

Answer 1689

It applies a more focused and proportionate approach based around key issues instead of the general default direction of standard disclosure.

Answer 1690

particulars of claim and defence.

Answer 1691

The process of searching for and disclosing documents relevant to the issues in dispute.

Answer 1692

Disclosure Review Document (DRD) ## Footnote The DRD is essential for Extended Disclosure in the Business and Property Courts.

Answer 1693

Disclosure Report and Electronic Documents Questionnaire (EDQ) ## Footnote This change is applicable under CPR 31, PD 31A, and PD 31B.

Answer 1694

When parties seek Extended Disclosure. ## Footnote It is produced jointly by the parties before the first Case Management Conference (CMC).

Answer 1695

A list of issues for disclosure and details on how each party should search for documents, including: * Relevant custodians * Document repositories * Date ranges * Key words * Use of technology assisted review ## Footnote Issues for disclosure are not the same as the issues in dispute.

Answer 1696

The court will determine the proper scope of the issues for disclosure and give directions. ## Footnote This includes directing which model for disclosure should apply.

Answer 1697

Costs budgets ## Footnote Except for cases listed in CPR r 3.12.

Answer 1698

Precedent H ## Footnote This is annexed to CPR Practice Direction 3D.

Answer 1699

Details of costs incurred and estimates for each stage, including: * Fee earners * Hours needed * Hourly rates * Estimated disbursements ## Footnote Disbursements may include court fees and expert's fees.

Answer 1700

If budgeted costs are no more than £25,000 or total claim is worth less than £50,000. ## Footnote This is specified in CPR Practice Direction 3D, paragraph 4(b).

Answer 1701

No, but it can consider and comment on them. ## Footnote These costs are taken into account for determining reasonableness of a party’s costs budget.

Answer 1702

With the directions questionnaire. ## Footnote This is outlined in CPR r 3.13(1)(a).

Answer 1703

21 days before the first CCMC or as ordered by the court. ## Footnote This requirement is detailed in CPR r 3.13(1)(b).

Answer 1704

When the value of the claim is less than £50,000 ## Footnote According to CPR r 3.13(1)(a)

Answer 1705

21 days before the first CCMC or whenever ordered by the court ## Footnote Refer to CPR r 3.13(1)(b)

Answer 1706

They will be deemed to have filed a budget comprising of the applicable court fees only ## Footnote This is specified in CPR r 3.14

Answer 1707

A successful party may be precluded from recovering the majority of their legal costs ## Footnote Legal costs can run to hundreds of thousands of pounds

Answer 1708

Agree their respective costs budgets ## Footnote This helps streamline the case management process

Answer 1709

A budget discussion report ## Footnote This report should outline agreed aspects and grounds for any dispute

Answer 1710

Precedent R annexed to CPR Practice Direction 3D ## Footnote Refer to CPR Practice Direction 3D, para 11

Answer 1711

The parties’ respective directions questionnaires and draft directions ## Footnote The judge will also hear submissions on any unresolved issues

Answer 1712

The scope of disclosure searches ## Footnote These issues may be determined at the CCMC or addressed in a separate hearing

Answer 1713

When parties are agreed on the directions for the case ## Footnote A CCMC might take place by telephone or video link in straightforward cases

Answer 1714

As costs in the case ## Footnote They are usually awarded in favor of the party that wins the case as a whole

Answer 1715

A court order related to costs budgets that records agreements and revises unagreed parts ## Footnote Refer to CPR rr 3.15 and 3.18 for specific legal references.

Answer 1716

The costs set out are likely to be recoverable if that party succeeds at trial ## Footnote Costs are awarded up to the maximum amount set out in the budget.

Answer 1717

Whether the budgeted costs fall within the range of reasonable and proportionate costs ## Footnote Refer to CPR Practice Direction 3D, para 12.

Answer 1718

The parties can still carry out the steps stated but will likely not recover the costs ## Footnote This indicates a lack of approval for cost recovery.

Answer 1719

Orders that limit the future costs that parties can subsequently recover ## Footnote Refer to CPR r 3.19 for specific legal references.

Answer 1720

Any party to the case can apply ## Footnote This includes both plaintiffs and defendants.

Answer 1721

At a CCMC or a separate costs management conference ## Footnote Refer to CPR r 3.16 for specific legal references.

Answer 1722

When there is a significant development in the proceedings ## Footnote Example: production of twice as many documents for disclosure review.

Answer 1723

Similar to those in a multi-track case with specific compliance dates.

Answer 1724

Trial dates are substantially sooner in fast-track/intermediate track cases.

Answer 1725

Not later than 30 weeks from the date the directions order is made.

Answer 1726

4 weeks from notice of allocation.

Answer 1727

10 weeks from notice of allocation.

Answer 1728

14 weeks from notice of allocation.

Answer 1729

20 weeks from notice of allocation.

Answer 1730

22 weeks from notice of allocation.

Answer 1731

30 weeks from notice of allocation.

Answer 1732

Sections I, II, and III (for noise-induced hearing loss cases)

Answer 1733

Sections I and IV

Answer 1734

The court gives directions unless a case management conference (CMC) is necessary

Answer 1735

The court may give directions or fix a CMC

Answer 1736

Disclosure of documents, service of witness statements, and expert evidence

Answer 1737

Whether to fix a pre-trial review and listing the case for trial

Answer 1738

Limited to one expert per party

Answer 1739

Limited to one expert per party, but may include a second expert if reasonably required and proportionate

Answer 1740

Must not exceed 3 days

Answer 1741

Costs limited in accordance with Sections VI and IX of Pt 45

Answer 1742

Costs limited in accordance with Sections VII and IX of Pt 45

Answer 1743

Yes, unless the court deems it unnecessary

Answer 1744

Similar provisions but may involve more detailed reviews and directions

Answer 1745

The court generally avoids frequent CMCs

Answer 1746

More frequent and detailed CMCs due to complexity

Answer 1747

Standard directions form

Answer 1748

Agree on directions and submit them to the court; court approval or own directions if necessary

Answer 1749

That party will not be able to rely on any witness evidence at trial without the permission of the court: CPR r 32.10. ## Footnote This is a direct sanction for non-compliance with court orders or rules.

Answer 1750

The party can be subject to contempt of court proceedings. ## Footnote This is a serious consequence of non-compliance with court orders.

Answer 1751

Strike out: CPR r 3.7. ## Footnote This sanction effectively removes a party's claim or defense.

Answer 1752

* Costs management or costs capping orders: CPR rr 3.15 and 3.19–3.21 * An order debarring a party from adducing evidence on a particular issue: CPR r 35.13 * An order limiting or raising interest payable on a sum * An order requiring a party to make a payment into court: CPR r 3.1(3)(a) and (5) ## Footnote These sanctions are applicable in various circumstances of non-compliance.

Answer 1753

The court typically will not sanction a party who is in breach of an order immediately, especially if the breach was inadvertent and the party is not a repeat offender. ## Footnote Courts are generally lenient towards litigants in person.

Answer 1754

An order issued against a breaching party that specifies a requirement to be completed by a certain date, failure of which leads to sanctions: CPR r 3.5. ## Footnote An unless order must contain a specific time limit.

Answer 1755

28 days, provided that such extension does not risk any hearing date: CPR r 3.8(4). ## Footnote This allows for flexibility in compliance with court orders.

Answer 1756

To avoid dealing with an application and costs consequences for unreasonable refusal.

Answer 1757

Provided that the extension will not prejudice their opponent or any fixed hearing or trial.

Answer 1758

Parties are allowed to vary certain time limits by agreement with no limit to the length of an extension.

Answer 1759

* Date for a case management conference * Return of a pre-trial checklist * Trial date

Answer 1760

Agree on a draft consent order and file it with the court for approval.

Answer 1761

An application must be made under CPR Pt 23 with supporting evidence.

Answer 1762

The court considers all relevant circumstances and the overriding objective.

Answer 1763

To enable litigation to be conducted efficiently and at proportionate cost.

Answer 1764

They take a strict approach to compliance.

Answer 1765

* Breach has not prejudiced another party's position * Breach has not put a hearing date at risk

Answer 1766

* The breach was neither serious nor significant * There was a good reason for the breach * The breach did not prevent efficient litigation

Answer 1767

A lawyer being overworked.

Answer 1768

Sanctions are likely to be imposed.

Answer 1769

You may be asked to identify which of a range of scenarios would require a party to apply for relief from sanctions. ## Footnote This involves analyzing specific situations to determine the need for legal relief.

Answer 1770

You may be given a scenario and asked to identify the most likely outcome of an application for relief from sanctions. ## Footnote This requires evaluating the details of the scenario to predict judicial decisions.

Answer 1771

Relief from sanctions will not apply where a court has taken an active step to sanction a party after a breach. ## Footnote An active step contrasts with sanctions that apply by default.

Answer 1772

An example is if the court considers persistent breaches of previous orders and decides to strike out a statement of case. ## Footnote This is a formal judicial action rather than an automatic consequence.

Answer 1773

The route for challenging such an order would have to be an appeal. ## Footnote This indicates a higher level of scrutiny and review of the court's decision.

Answer 1774

Apply for an extension of time ## Footnote This applies to steps like exchanging witness statements.

Answer 1775

When a party applies for an extension of time before the deadline

Answer 1776

A reasonable explanation for the delay

Answer 1777

The extension is likely to be granted

Answer 1778

To ask for permission than forgiveness

Answer 1779

To deal with cases justly and at proportionate cost. ## Footnote The courts must consider this objective at all stages of proceedings.

Answer 1780

Parties are required to help the court to further the overriding objective. ## Footnote This cooperation is essential for effective case management.

Answer 1781

The court will consider its duty to actively manage cases to further the overriding objective. ## Footnote This includes managing costs and directing proceedings.

Answer 1782

The court has a wide power to direct anything and to manage costs. ## Footnote This power is exercised to ensure efficiency and fairness.

Answer 1783

Most cases with a value of less than £10,000, including personal injury cases under £1,000. ## Footnote Some road traffic accident claims have a higher threshold of £5,000.

Answer 1784

For cases worth more than those in the small claims track but less than £25,000, trial lasts no longer than 1 day (5 hours), and only one expert per party is needed. ## Footnote This track is designed for quicker resolution of disputes.

Answer 1785

For cases valued between £25,000 and £100,000. ## Footnote Trials should not exceed 3 days.

Answer 1786

Limited to one witness per party, unless a second expert is reasonably required and proportionate. ## Footnote This is specified under CPR r 28.14(2)(a).

Answer 1787

Parties must endeavour to agree on directions and submit them to the court. ## Footnote The court may approve or provide its own directions if necessary (r 28.13).

Answer 1788

For all other claims not covered by the other tracks. ## Footnote This track accommodates a wider range of case types and complexities.

Answer 1789

Which court and division they think the case should be allocated to, required witnesses and experts, estimated trial length, relevant documents or facts, and a list of directions sought ## Footnote The directions questionnaire is a tool for case management in legal proceedings.

Answer 1790

To identify the issues in dispute and make directions for the case to proceed to trial ## Footnote CMCs help streamline the litigation process by clarifying disputes.

Answer 1791

* Issues in dispute and seek to agree a list * Scope of disclosure and agree an approach * File and exchange costs budgets and budget discussion reports ## Footnote This preparation is essential for effective case management.

Answer 1792

That the costs are likely to be recoverable and will be awarded up to maximum limits set out in that costing ## Footnote The court reviews budgets to ensure costs are reasonable and proportionate.

Answer 1793

They are similar to those in a multi-track case but aim to narrow the scope of evidence due to proportionality ## Footnote Fast-track cases are designed to be resolved more quickly than multi-track cases.

Answer 1794

A wide range of powers, including the ability to strike out cases ## Footnote Sanctions are a key enforcement mechanism in legal proceedings.

Answer 1795

Make efforts to agree an extension in advance of the deadline ## Footnote Courts are generally willing to approve consent orders for extensions if they do not jeopardize trial dates.

Answer 1796

Apply for an extension of time prospectively rather than seek relief from sanctions after the event ## Footnote This proactive approach helps maintain compliance with court rules.

Answer 1797

Make an application for relief from sanctions ## Footnote Relief from sanctions is governed by specific rules under the CPR.

Answer 1798

Under CPR Pt 23 with supporting evidence ## Footnote Proper procedure is critical for the success of such applications.

Answer 1799

A strict approach, but relief may be available for minor breaches that do not prejudice a party's position ## Footnote Courts balance strict compliance with fairness in proceedings.

Answer 1800

Which court and division they think the case should be allocated to, required witnesses and experts, estimated trial length, relevant documents or facts, and a list of directions sought ## Footnote The directions questionnaire is a tool for case management in legal proceedings.

Answer 1801

To identify the issues in dispute and make directions for the case to proceed to trial ## Footnote CMCs help streamline the litigation process by clarifying disputes.

Answer 1802

* Issues in dispute and seek to agree a list * Scope of disclosure and agree an approach * File and exchange costs budgets and budget discussion reports ## Footnote This preparation is essential for effective case management.

Answer 1803

That the costs are likely to be recoverable and will be awarded up to maximum limits set out in that costing ## Footnote The court reviews budgets to ensure costs are reasonable and proportionate.

Answer 1804

They are similar to those in a multi-track case but aim to narrow the scope of evidence due to proportionality ## Footnote Fast-track cases are designed to be resolved more quickly than multi-track cases.

Answer 1805

A wide range of powers, including the ability to strike out cases ## Footnote Sanctions are a key enforcement mechanism in legal proceedings.

Answer 1806

Make efforts to agree an extension in advance of the deadline ## Footnote Courts are generally willing to approve consent orders for extensions if they do not jeopardize trial dates.

Answer 1807

Apply for an extension of time prospectively rather than seek relief from sanctions after the event ## Footnote This proactive approach helps maintain compliance with court rules.

Answer 1808

Make an application for relief from sanctions ## Footnote Relief from sanctions is governed by specific rules under the CPR.

Answer 1809

Under CPR Pt 23 with supporting evidence ## Footnote Proper procedure is critical for the success of such applications.

Answer 1810

A strict approach, but relief may be available for minor breaches that do not prejudice a party's position ## Footnote Courts balance strict compliance with fairness in proceedings.

Answer 1811

Witnesses of fact, expert witnesses, documents, real evidence (objects) ## Footnote Witnesses of fact provide firsthand accounts, while expert witnesses offer specialized knowledge.

Answer 1812

It must be relevant to the issues in dispute ## Footnote The relevance is determined by the statements of case.

Answer 1813

Without prejudice, privileged ## Footnote Privileged evidence cannot be disclosed without consent.

Answer 1814

Admissions made during genuine settlement attempts are inadmissible ## Footnote For example, a party admitting part of their case during negotiations cannot be used against them.

Answer 1815

It should not contain admissions against the interest of the claimant ## Footnote Concessions should be reserved for separate without prejudice discussions.

Answer 1816

To give directions on evidence issues, nature of evidence, and presentation of evidence ## Footnote This is outlined in CPR r 32.1.

Answer 1817

Exclude any evidence or portion determined as inadmissible ## Footnote This maintains the focus on relevant issues.

Answer 1818

Orally in person or by other means, such as video link ## Footnote This flexibility is specified in CPR r 32.3.

Answer 1819

relevant to the issues in dispute

Answer 1820

'Hearsay' means a statement made, otherwise than by a person while giving oral evidence in proceedings, which is tendered as evidence of the matters stated. ## Footnote CPR r 33.1 defines hearsay in the context of legal proceedings.

Answer 1821

No, hearsay evidence is not generally excluded in civil proceedings. ## Footnote This is stated in the Civil Evidence Act 1995 s 1.

Answer 1822

If X told Y that her car had been damaged, evidence of that conversation from Y cannot support the issue of whether the car was in fact damaged, as it is hearsay evidence. ## Footnote This example illustrates how hearsay operates in legal contexts.

Answer 1823

* First-hand hearsay – call X to give oral evidence in court. * Second-hand hearsay – put in X’s witness statement or call Y to give oral evidence of what X said. * Third-hand hearsay – put in Z’s witness statement of what Y said X said instead. ## Footnote Degrees of hearsay refer to the levels of indirection in the evidence being presented.

Answer 1824

They must give notice to the other side, commonly referred to as a 'hearsay notice'. ## Footnote This requirement is outlined in the Civil Evidence Act 1995 s 2 and CPR r 33.2.

Answer 1825

When witness statements are exchanged. ## Footnote This applies if the hearsay is contained in a witness statement.

Answer 1826

The party must state this and explain why. ## Footnote This requirement is specified in CPR r 33.2(2).

Answer 1827

* Identifies the hearsay evidence * States that the party serving the notice proposes to rely on the hearsay evidence at trial. ## Footnote This is necessary for clarity and procedural compliance.

Answer 1828

No later than the latest date for serving witness statements. ## Footnote This is outlined in CPR r 33.2(3).

Answer 1829

A copy must be supplied on request. ## Footnote This requirement ensures that all parties have access to the evidence.

Answer 1830

* Request further particulars * Apply to the court for an order to call the witness for cross-examination * Call evidence to attack the credibility of the witness in their absence ## Footnote Relevant sections include Civil Evidence Act 1995 s 2(1)(b) and CPR r 33.4, 33.5.

Answer 1831

14 days ## Footnote This is stipulated under CPR r 33.4.

Answer 1832

Intention to do this within 14 days of the notice ## Footnote This is required by CPR r 33.5.

Answer 1833

Yes ## Footnote The court may consider various factors regarding the reliability of the hearsay evidence.

Answer 1834

* Reasonableness and practicability of producing the maker of the original statement * Contemporaneity of the original statement * Presence of multiple hearsay * Motive to conceal or misrepresent * Original statement being edited or made for a particular purpose * Circumstances suggesting an attempt to prevent proper evaluation of the evidence ## Footnote These factors help the court determine the reliability of hearsay evidence.

Answer 1835

* Actual or potential bias of the witness * Vagueness in the evidence * Performance of the witness when giving evidence * Apparent accuracy of the witness's perception * Specific issues the hearsay evidence addresses ## Footnote These factors contribute to the overall assessment of the hearsay evidence's reliability.

Answer 1836

False ## Footnote The court considers various contextual factors, not just the content.

Answer 1837

request ## Footnote This is provided for under Civil Evidence Act 1995 s 2(1)(b).

Answer 1838

To challenge the reliability of the hearsay evidence presented ## Footnote This process involves informing the other side of the intention within 14 days.

Answer 1839

Admissions narrow the issues in dispute and make evidence unnecessary and inadmissible for those facts ## Footnote Admissions can streamline the trial process by clarifying what is agreed upon.

Answer 1840

Parties, particularly defendants, in their statements of case ## Footnote Admissions can be made early in the legal process.

Answer 1841

There can be costs consequences if the court decides the facts should have been admitted ## Footnote The party may be ordered to pay costs incurred in proving those facts.

Answer 1842

N266 ## Footnote This form is utilized to formally request that an opponent admit certain facts.

Answer 1843

At any stage of proceedings, up to 21 days before trial ## Footnote This allows for timely narrowing of issues before trial.

Answer 1844

The claimant bears the burden of proving their case based on admissible evidence ## Footnote The defendant does not need to prove an alternative version of events.

Answer 1845

On a balance of probabilities ## Footnote This means the evidence must support a conclusion that is more likely than not (over 50% certainty).

Answer 1846

When asserting a positive case, such as contributory negligence or the applicability of an exclusion of liability clause ## Footnote The defendant must prove these assertions to succeed.

Answer 1847

They act as a claimant and bear the burden of proof for that claim ## Footnote This changes their role in the proceedings.

Answer 1848

It can save considerable time and expense ## Footnote Early admissions can streamline trial preparation and reduce costs.

Answer 1849

False ## Footnote Civil cases require proof on a balance of probabilities, while criminal cases require proof beyond reasonable doubt.

Answer 1850

balance of probabilities ## Footnote This applies to any party making an application in civil litigation.

Answer 1851

Substantially higher than the balance of probabilities

Answer 1852

The respondent has no real prospect of succeeding in their claim or defence

Answer 1853

No, a real prospect of success can include an improbable case

Answer 1854

It must be more than merely arguable; fanciful cases do not qualify

Answer 1855

It invites the court to determine a case without a full trial

Answer 1856

The full civil litigation process and their right to a trial

Answer 1857

All available evidence, including evidence from live witnesses

Answer 1858

There are no reasonable grounds for bringing or defending the claim

Answer 1859

A statement of case, rather than an assessment of evidence

Answer 1860

The criminal standard of proof

Answer 1861

A finding of contempt can lead to a custodial sentence

Answer 1862

summary judgment

Answer 1863

Where the burden of proof lies

Answer 1864

A witness statement ## Footnote Witness statements are essential for providing evidence in trials.

Answer 1865

Call the witness to give oral evidence or submit the statement as hearsay evidence.

Answer 1866

Non-leading questions asked on behalf of the party calling the witness.

Answer 1867

Leading questions are asked on behalf of the opposing party.

Answer 1868

Further non-leading questions asked on behalf of the party calling the witness.

Answer 1869

Admissible evidence the witness would give orally.

Answer 1870

* Witness’s own words in first person * Full name, address, and occupation * Relevant employment or party status * Prescribed heading * Number of the statement * Identifying initials and number of each exhibit * Date of the statement * Date of any translation

Answer 1871

Divided into numbered paragraphs.

Answer 1872

As figures.

Answer 1873

The process by which the statement has been prepared.

Answer 1874

A statement of truth.

Answer 1875

"I believe that the facts stated in this witness statement are true."

Answer 1876

Chronological sequence of relevant events.

Answer 1877

The witness’s own factual evidence.

Answer 1878

Arguments or commentary on other evidence.

Answer 1879

Solicitors cannot influence witness evidence.

Answer 1880

Call the witness or continue to act for a client permitting perjury.

Answer 1881

Documentary evidence presented during trial

Answer 1882

6 April 2021

Answer 1883

Most claims in the Business and Property Courts

Answer 1884

More prescriptive

Answer 1885

It outlines the new rules for witness statements in trials

Answer 1886

Claims listed in CPR Practice Direction 57AC, para 1.3, such as most proceedings in the Insolvency and Companies List.

Answer 1887

Existing rules concerning witness statements in the CPR and court guides.

Answer 1888

Best practice for all witness statements prepared for trial.

Answer 1889

No, they are unaffected.

Answer 1890

Witness statements are limited to matters of fact that need to be proved at trial.

Answer 1891

* Matters experienced by one of the witness’s primary senses * Internal matters of the witness's mind * Evidence concerning things said to the witness

Answer 1892

A list of documents to which the witness has referred or been referred.

Answer 1893

In the witness’s native language or a language in which the witness is sufficiently fluent.

Answer 1894

A translation of the witness statement.

Answer 1895

* Refer to documents only where necessary * Exercise caution when showing the witness unfamiliar documents * Avoid quoting at length from documents * Do not argue points in the case * Do not take the court through documents * Do not set out a narrative from documents * Do not include commentary on other evidence

Answer 1896

* How well they recall the matters addressed * Whether and how their recollection has been refreshed by documents

Answer 1897

Notes of an interview with the witness ## Footnote This emphasizes the importance of using primary sources for witness statements.

Answer 1898

Avoid leading questions ## Footnote Leading questions can bias the witness's responses.

Answer 1899

Open questions ## Footnote Open questions encourage the witness to provide detailed information.

Answer 1900

Full and accurate recording ## Footnote This ensures that the witness's account is preserved as accurately as possible.

Answer 1901

Confirmation of compliance with specific terms ## Footnote This includes understanding the purpose of the statement and limitations of the witness's role.

Answer 1902

Matters of fact of which I have personal knowledge ## Footnote This specifies that the statement is based on personal experience.

Answer 1903

How well I recall matters and if my memory has been refreshed ## Footnote This provides context on the reliability of the witness's account.

Answer 1904

A certificate of compliance ## Footnote This certifies that the witness statement adheres to the relevant practice directions.

Answer 1905

Proper content and practice regarding trial witness statements ## Footnote This ensures that the witness has been adequately informed about the statement's purpose.

Answer 1906

An audit trail ## Footnote This helps maintain a record of the preparation process and decisions made.

Answer 1907

They have become too long and 'over lawyered' ## Footnote This indicates a trend towards simplifying witness statements for clarity.

Answer 1908

False ## Footnote Witness statements should only present personal knowledge and not argue the case.

Answer 1909

From documents, such as contemporaneous emails ## Footnote This method contrasts with relying on a witness’s independent recollection of events.

Answer 1910

Extra preparation and detailed record-keeping ## Footnote This includes keeping track of any documents shown to the witness.

Answer 1911

Separation of roles in gathering evidence ## Footnote The witness must provide evidence separately from their role as a client.

Answer 1912

Only for the purpose of those proceedings ## Footnote It cannot be used for another purpose without consent or court permission.

Answer 1913

Witness consent in writing, court permission, or evidence at a public hearing ## Footnote Examples include related claims or trials.

Answer 1914

A witness summary ## Footnote This is allowed under CPR r 32.9(1).

Answer 1915

Fear of repercussions, difficulty in tracking down, or unwillingness to be seen as biased ## Footnote An example is a claim against their employer.

Answer 1916

* Name and address of the witness * Known evidence that would have been in the witness statement * Unknown evidence for questioning ## Footnote This is specified under CPR r 32.9.

Answer 1917

A sworn statement from a witness ## Footnote It is similar to a witness statement but includes a jurat.

Answer 1918

An affidavit has a jurat instead of a statement of truth ## Footnote A jurat authenticates the document.

Answer 1919

They have largely been replaced by witness statements ## Footnote However, they are still valid for specific matters.

Answer 1920

* Application for a search order * Freezing injunction ## Footnote This requirement is outlined in CPR r 32.15.

Answer 1921

Expert assessors who may provide a report or attend trial ## Footnote Expert assessors do not give oral evidence or are open to cross-examination.

Answer 1922

Permission from the court as per CPR r 35.4(1) ## Footnote The directions questionnaire must include an estimate of costs and the expert's field of expertise.

Answer 1923

That expert evidence is needed to decide the issue in question ## Footnote The court will restrict expert evidence to what is reasonably required to resolve the proceedings as per CPR r 35.1.

Answer 1924

The court will define the scope of the expert evidence ## Footnote Any evidence outside that scope will be inadmissible.

Answer 1925

Parties should try to agree on a single joint expert ## Footnote This is generally more cost-effective and resolves issues more quickly.

Answer 1926

The claimant ## Footnote However, the letter of instruction must be agreed upon by both parties.

Answer 1927

The general position is that a single joint expert is preferable, but separate experts may be appropriate in high value or complex cases ## Footnote Factors include the nature of the evidence and the need for a conference with legal representatives.

Answer 1928

Evidence that does not fall within a substantially established area of knowledge or where there is likely to be a range of expert opinion ## Footnote This situation suggests that separate experts might provide a more comprehensive examination of the issues.

Answer 1929

Questions put to a single joint expert may not conclusively deal with all issues ## Footnote This limitation may necessitate further testing prior to trial.

Answer 1930

A claim to privilege ## Footnote This can restrict the sharing of information necessary for the joint expert's assessment.

Answer 1931

A form of joint instructions ## Footnote This ensures clarity and mutual understanding of the expert's role and tasks.

Answer 1932

The expert’s primary duty is owed to the court, not the party/parties. ## Footnote This emphasizes the expert's role as an impartial advisor to the court.

Answer 1933

Any sort of interest in the outcome of the proceedings. ## Footnote Independence ensures that the expert's testimony is objective and credible.

Answer 1934

In a formal letter of instruction. ## Footnote The letter should detail the scope and necessary materials for the expert.

Answer 1935

The scope of areas for evidence, material information, and all necessary documents. ## Footnote This ensures the expert has all relevant information to consider.

Answer 1936

No, instructions to experts are not privileged. ## Footnote This means they can be disclosed in court under certain circumstances.

Answer 1937

The substance of all material facts and instructions (both formal and informal). ## Footnote This includes appending the letter of instruction to the report.

Answer 1938

An attendance note of oral discussions. ## Footnote Documentation is crucial to defend against allegations of improper instructions.

Answer 1939

No, a solicitor cannot seek to alter the independent conclusions of an expert. ## Footnote Communication should not give the impression of influencing the expert's opinion.

Answer 1940

Specific directions to help them carry out their functions. ## Footnote This practice is relatively rare but can be necessary for clarity on their role.

Answer 1941

Provide a copy of the proposed request to their side’s solicitors at least 7 days before and to all other parties at least 4 days before. ## Footnote This ensures all parties are informed and can respond appropriately.

Answer 1942

CPR Practice Direction 35

Answer 1943

* Objective and unbiased * Addressed to the court * Sets out the substance of all material facts and instructions

Answer 1944

Details of the expert’s qualification

Answer 1945

The expert understands and has complied with their duty to the court

Answer 1946

The experts’ reports will be exchanged by a date provided in the order for directions

Answer 1947

[disclosed to the other side]

Answer 1948

The court may order that the report cannot be relied on

Answer 1949

To try to narrow the issues between them

Answer 1950

A neutral agenda

Answer 1951

Joint statement

Answer 1952

* The extent of agreement * The points of disagreement and short reasons * Any action to resolve outstanding points * Any further material issues not raised

Answer 1953

They are not an advocate

Answer 1954

An impression of bias

Answer 1955

They will often appear concurrently, known as 'hot tubbing'

Answer 1956

'Hot tubbing'

Answer 1957

Challenge them in cross-examination

Answer 1958

Any other party can still choose to use it at trial.

Answer 1959

They can either try to discredit the report or persuade the court not to put much weight on it.

Answer 1960

They should seriously consider settlement in advance of trial.

Answer 1961

They must get the court’s permission.

Answer 1962

The first report must be disclosed.

Answer 1963

Credibility and costs issues.

Answer 1964

That it would be somehow unjust to refuse.

Answer 1965

No, it is not usually a good enough reason.

Answer 1966

difficult position.

Answer 1967

A statement made, otherwise than by a person while giving oral evidence in proceedings, which is tendered as evidence of the matters stated.

Answer 1968

No, hearsay evidence is not excluded in civil proceedings.

Answer 1969

Hearsay evidence may be viewed as less reliable and carry less weight.

Answer 1970

When witness statements are exchanged.

Answer 1971

State this and explain why in the witness statement.

Answer 1972

No later than the latest date for serving witness statements.

Answer 1973

Any circumstances from which it can draw an inference as to the reliability of the hearsay evidence.

Answer 1974

The claimant bears the burden of proving their case based on admissible evidence.

Answer 1975

No, the defendant does not need to prove any alternative version of events.

Answer 1976

On a balance of probabilities.

Answer 1977

That the respondent has no real prospect of succeeding/successfully defending the claim.

Answer 1978

Includes improbable but not fanciful.

Answer 1979

Detailed CPR requirements and be verified by a signed statement of truth.

Answer 1980

Their evidence-in-chief.

Answer 1981

A witness summary.

Answer 1982

The witness may not be called to give evidence at trial unless the court gives permission.

Answer 1983

A sworn statement from a witness, similar in form and content to a witness statement but has a jurat instead of a statement of truth.

Answer 1984

An expert’s opinion rather than fact.

Answer 1985

Permission from the court.

Answer 1986

The scope of the expert evidence.

Answer 1987

A single joint expert is preferable to several experts.

Answer 1988

In expensive and complex cases.

Answer 1989

No, they are not privileged, but disclosure will not generally be ordered.

Answer 1990

CPR Practice Direction 35.

Answer 1991

They will be without prejudice unless all the parties agree otherwise.

Answer 1992

'Control' means: * a document currently in a party’s physical possession * a document a party has the right to take possession of * a document a party has a right to inspect or copy ## Footnote This definition includes documents held by accountants or solicitors on behalf of a party.

Answer 1993

Archived emails held on a third-party server under an agreement to provide archiving services ## Footnote The company has the right to copies of the archived material upon request.

Answer 1994

False ## Footnote A client has the right to any document belonging to them that is held by the professional adviser.

Answer 1995

[their accountants or solicitors]

Answer 1996

A party has the right to: * take possession of the document * inspect the document * copy the document ## Footnote This applies to documents in physical possession or those held by third parties.

Answer 1997

Addressed in the chapter on case management.

Answer 1998

Standard disclosure.

Answer 1999

No documents are required to be disclosed.

Answer 2000

A party must disclose only those documents on which they rely.

Answer 2001

Disclosure on particular issues.

Answer 2002

Disclose documents that may enable a party to advance their own case or damage another's case.

Answer 2003

Parties must disclose: * Documents on which they rely * Documents that adversely affect their own case * Documents that adversely affect another party’s case * Documents that support another party’s case * Documents required under a relevant practice direction.

Answer 2004

It is contained in CPR Practice Direction 57AD.

Answer 2005

Parties provide key documents when serving particulars of claim and defence.

Answer 2006

The fuller process of disclosure identifying each issue for disclosure.

Answer 2007

Each disputed issue in the case related to contemporaneous documentary evidence.

Answer 2008

Disclosure confined to known adverse documents.

Answer 2009

Documents that: * Are contradictory to or materially damage their contention * Support the contention of an opposing party.

Answer 2010

To tailor the disclosure process to the specifics of each case.

Answer 2011

To select from various types of disclosure orders based on submissions from the parties.

Answer 2012

Model B: limited disclosure. Parties disclose key documents relied upon, necessary documents for understanding claims or defenses, and known adverse documents.

Answer 2013

No obligation to undertake a search for documents beyond any already conducted.

Answer 2014

Model C: request-led search-based disclosure, requiring the disclosing party to search for and disclose particular documents or narrow classes of documents.

Answer 2015

Model D: narrow search-based disclosure, requiring reasonable and proportionate search and disclosure of documents likely to support or adversely affect a party’s case.

Answer 2016

Whether a party must search for and disclose narrative documents relevant for background or context.

Answer 2017

False. Narrative documents should only be disclosed if specified in the order.

Answer 2018

Model D is most similar to standard disclosure.

Answer 2019

A requirement for parties to undertake a reasonable and proportionate search and disclose documents likely to support or adversely affect a party’s case or that of another party ## Footnote Model E is primarily used in exceptional cases and is similar to train of inquiry disclosure under general rules.

Answer 2020

Narrative documents must be searched for and disclosed unless the court orders otherwise ## Footnote This emphasizes the importance of narrative documents in the disclosure process.

Answer 2021

To ensure all parties have access to necessary documents to argue their case effectively without burdening the process ## Footnote It aims to provide a more focused and proportionate approach to disclosure based on key issues.

Answer 2022

The court considers what’s needed for each part of the case to keep the process straightforward and fair ## Footnote This selection is crucial for managing the volume of documents involved.

Answer 2023

It can lead to a disproportionate number of documents being searched and manually reviewed, increasing costs ## Footnote Even small cases can involve thousands of emails and text messages.

Answer 2024

A broad approach to disclosure where documents of only peripheral relevance are included ## Footnote This can complicate the review process of an opponent's disclosure.

Answer 2025

By not using too many different models in one case to avoid complications ## Footnote Consistency in model application helps manage the process more effectively.

Answer 2026

If one side has all the information relevant to the case ## Footnote This reduces the burden on the other side to undergo a similar document search.

Answer 2027

One party might need to provide detailed information on a specific issue while the other does not ## Footnote This allows for tailored approaches based on the relevance of documents.

Answer 2028

The effectiveness and practicality of managing those documents ## Footnote Distinctions between document types can affect the disclosure process.

Answer 2029

False ## Footnote The court may opt for different models based on the specifics of each case.

Answer 2030

[reviewed] ## Footnote This is a critical step in ensuring that disclosed documents are appropriate for the case.

Answer 2031

An opposing party may challenge the scope of searches, potentially leading to a court order to redo the disclosure process, causing additional cost and delay.

Answer 2032

To determine whether documents are disclosable and if there is a basis to withhold inspection.

Answer 2033

Privilege, typically one of: * legal advice privilege * litigation privilege * without prejudice privilege

Answer 2034

Using document review software to tag documents as relevant, not relevant, or privileged.

Answer 2035

Document review software.

Answer 2036

To draw up a list of documents for simultaneous exchange with other parties after the disclosure process.

Answer 2037

1. I have control of the documents and do not object to inspection. 2. I have control of the documents but object to inspection. 3. I have had the documents but they are no longer in my control.

Answer 2038

Individually in chronological order.

Answer 2039

In categories, such as 'communications with solicitors in relation to the dispute'.

Answer 2040

A reason for the objection must be provided.

Answer 2041

Extent of the search for disclosable documents and understanding of the duty of disclosure.

Answer 2042

Any limitations applied to document searches and reasons for those limitations.

Answer 2043

Disclosure certificate: CPR Practice Direction 57AD, Appendix 4.

Answer 2044

If they contain a modification, mark, or annotation satisfying the test of standard disclosure and are not privileged.

Answer 2045

All destruction measures should be stopped to preserve potentially relevant documents.

Answer 2046

Time periods include searches for documents before any relevant facts arose, which would be unnecessary and disproportionate. ## Footnote This helps to limit the scope of document searches to relevant timeframes.

Answer 2047

Offices of ABC Limited. ## Footnote This specifies where the searches for documents will take place.

Answer 2048

Notebooks of J Smith. ## Footnote Categories help in organizing the type of documents being searched.

Answer 2049

Emails, PDF, Microsoft Word, and Microsoft Excel formats. ## Footnote Different formats are specified to ensure comprehensive electronic document searches.

Answer 2050

Server located at the offices of ABC Limited. ## Footnote Identifying devices helps in locating where documents may be stored.

Answer 2051

Mr Smith. ## Footnote Custodians are individuals whose documents are relevant to the case.

Answer 2052

They must state that it would be disproportionate. ## Footnote This requirement is outlined in CPR r 31.3(2)(b).

Answer 2053

They may not be able to rely on that document later, unless they obtain permission from the court. ## Footnote This is specified in CPR r 31.21.

Answer 2054

time periods. ## Footnote Time periods help in narrowing down the search to relevant documents.

Answer 2055

False. ## Footnote Document formats are essential for identifying electronic documents.

Answer 2056

technology assisted review. ## Footnote This technology can streamline the document review process.

Answer 2057

Certification by the signatory that they understand the duty of disclosure and a complete list of documents to disclose ## Footnote The statement is required to ensure compliance with disclosure obligations in legal proceedings

Answer 2058

The individual with primary responsibility for the organisation or the conduct of the proceedings ## Footnote This could include roles such as in-house counsel

Answer 2059

Contempt of court ## Footnote Refer to CPR r 31.23 for legal context

Answer 2060

Not to mislead the court ## Footnote This is crucial for maintaining the integrity of the legal process

Answer 2061

That they cannot continue to act for them as it would make them complicit in misleading the court ## Footnote This is in accordance with r 1.4

Answer 2062

Send a written notice to the other side ## Footnote The other side must allow inspection within 7 days of receipt

Answer 2063

Any photocopying charges ## Footnote Modern practices often involve providing copies in electronic form

Answer 2064

If the document is no longer in control, disproportionate to allow inspection, or privileged ## Footnote Refer to CPR r 31.3(1) for details on privilege

Answer 2065

No ## Footnote Relevant material to an issue in dispute must be disclosed, even if sensitive

Answer 2066

* Personal text messages * Internal business plans * Management accounts * Client lists ## Footnote These documents are disclosable if relevant to the dispute

Answer 2067

It should not be read, and the disclosing party should be notified ## Footnote If the disclosing party confirms the document was produced inadvertently, all copies should be deleted.

Answer 2068

The duty to give disclosure of relevant documents continues until the conclusion of the case.

Answer 2069

The production of witness evidence can prompt ad hoc searches.

Answer 2070

They must disclose that document immediately to all other parties.

Answer 2071

The signatory must certify that they will inform the court and other parties immediately if further documents come into their control.

Answer 2072

That the documents will be used against them in a separate set of proceedings.

Answer 2073

Implied undertaking.

Answer 2074

CPR r 31.22.

Answer 2075

If the document has been read to or by the court, the court gives permission, or the parties agree.

Answer 2076

The court will often grant permission to use them.

Answer 2077

The same rules apply as for other disclosed documents.

Answer 2078

Serve a notice requiring that the original document be proved at trial ## Footnote This applies to both hard copy and electronic documents.

Answer 2079

The original document must be produced at trial.

Answer 2080

Access to the file in its native form must be provided.

Answer 2081

By the latest date for serving witness statements or within 7 days of disclosure, whichever is later.

Answer 2082

CPR r 31.12.

Answer 2083

An order for specific disclosure.

Answer 2084

Usually make an order to ensure compliance.

Answer 2085

Yes, if documents in disclosure suggest other relevant undisclosed documents.

Answer 2086

All circumstances of the case and the overriding objective.

Answer 2087

* Disclosure of a specific document or documents * A search and disclosure of documents located as a result

Answer 2088

The general CPR Pt 23 procedure.

Answer 2089

Specific inspection.

Answer 2090

Other parties have a right to inspection of those documents.

Answer 2091

CPR r 31.17 ## Footnote CPR stands for Civil Procedure Rules, which govern the conduct of civil litigation in England and Wales.

Answer 2092

When a non-party holds relevant documents not within the control of the parties. ## Footnote An example is a former owner of a company holding documents related to the company's business.

Answer 2093

* The documents support the applicant's case or adversely affect another party's case * Disclosure is necessary to dispose fairly of the claim or save costs

Answer 2094

The general procedure for interim applications under CPR Pt 23.

Answer 2095

The classes of documents sought.

Answer 2096

Because they are not a party to the dispute.

Answer 2097

They are usually awarded their costs of the application and of complying with any order made.

Answer 2098

If the court concludes that the application for non-party disclosure was unreasonably opposed.

Answer 2099

A form of non-party disclosure order first made in Norwich Pharmacal Co v Customs and Excise Commissioners [1974] AC 133.

Answer 2100

No, they do not fall within the scope of any specific provision of the CPR.

Answer 2101

It states that the rules do not limit the court’s power to order disclosure against a non-party to proceedings.

Answer 2102

It is broader in scope as it can require the respondent to provide information as well as documents.

Answer 2103

Before proceedings are commenced, particularly to understand the claim and identify the defendant.

Answer 2104

In cases of fraud or when the identity of a defendant posting defamatory material online is unknown.

Answer 2105

Details such as an email address or online username that might help identify the user.

Answer 2106

Information about the party behind a bank account and the location of the relevant funds.

Answer 2107

["There is a good arguable case against the wrongdoer.", "The respondent must be likely to have the documents or information sought.", "No provision of the CPR would provide the relief sought.", "The respondent is involved in the wrongdoing.", "The order is necessary for the claimant to take action against the wrongdoer and proportionate."]

Answer 2108

A claimant cannot bring proceedings against a non-party who could be a witness solely for obtaining disclosure.

Answer 2109

If unknown, a CPR Pt 8 claim should be used; if known, the general procedure for interim applications under CPR Pt 23 should be used.

Answer 2110

A duty of full and frank disclosure, even if the respondent is on notice of the application.

Answer 2111

An order that the respondent not disclose the application or order to the relevant wrongdoer for a certain period.

Answer 2112

An undertaking to the court to pay any damages assessed due to the respondent if the order should not have been made.

Answer 2113

It is enforceable in the same way as if an order in the same terms had been made against the party giving the undertaking.

Answer 2114

The applicant is usually ordered to pay the respondent’s costs of compliance with the order.

Answer 2115

A form of non-party disclosure order first made in Norwich Pharmacal Co v Customs and Excise Commissioners [1974] AC 133.

Answer 2116

No, they do not fall within the scope of any specific provision of the CPR.

Answer 2117

It states that the rules do not limit the court’s power to order disclosure against a non-party to proceedings.

Answer 2118

It is broader in scope as it can require the respondent to provide information as well as documents.

Answer 2119

Before proceedings are commenced, particularly to understand the claim and identify the defendant.

Answer 2120

In cases of fraud or when the identity of a defendant posting defamatory material online is unknown.

Answer 2121

Details such as an email address or online username that might help identify the user.

Answer 2122

Information about the party behind a bank account and the location of the relevant funds.

Answer 2123

["There is a good arguable case against the wrongdoer.", "The respondent must be likely to have the documents or information sought.", "No provision of the CPR would provide the relief sought.", "The respondent is involved in the wrongdoing.", "The order is necessary for the claimant to take action against the wrongdoer and proportionate."]

Answer 2124

A claimant cannot bring proceedings against a non-party who could be a witness solely for obtaining disclosure.

Answer 2125

If unknown, a CPR Pt 8 claim should be used; if known, the general procedure for interim applications under CPR Pt 23 should be used.

Answer 2126

A duty of full and frank disclosure, even if the respondent is on notice of the application.

Answer 2127

An order that the respondent not disclose the application or order to the relevant wrongdoer for a certain period.

Answer 2128

An undertaking to the court to pay any damages assessed due to the respondent if the order should not have been made.

Answer 2129

It is enforceable in the same way as if an order in the same terms had been made against the party giving the undertaking.

Answer 2130

The applicant is usually ordered to pay the respondent’s costs of compliance with the order.

Answer 2131

A document is anything in which information of any description is recorded.

Answer 2132

Every document over which it has or has had control that falls within the scope of the disclosure order.

Answer 2133

By stating that it exists or has existed.

Answer 2134

The most common disclosure order requiring parties to disclose only specific documents.

Answer 2135

* The documents on which they rely. * Documents that adversely affect their own case. * Documents that adversely affect another party’s case. * Documents that support another party’s case. * Documents required under a relevant practice direction.

Answer 2136

Only a reasonable search needs to be undertaken.

Answer 2137

They must state in their disclosure statement that they have not searched for a particular category of document and why.

Answer 2138

Privilege.

Answer 2139

Until the conclusion of the case.

Answer 2140

Only for the purpose of the proceedings in which it is disclosed.

Answer 2141

Apply to court for an order for specific disclosure.

Answer 2142

Disclosure sought from a prospective defendant before action is commenced.

Answer 2143

Usually limited to documents necessary to plead a case.

Answer 2144

Yes, where such disclosure is necessary.

Answer 2145

They will usually have to pay the respondent’s costs.

Answer 2146

Anything in which information of any description is recorded ## Footnote This definition is very wide and covers all forms of electronic material.

Answer 2147

It includes metadata, such as: * date of creation * date of modification * date of transmission * author ## Footnote Metadata is additional information stored and associated with electronic documents.

Answer 2148

* Emails (including attachments) * Word, Excel, PowerPoint files * PDF files ## Footnote An email and all attachments are considered one document for disclosure purposes.

Answer 2149

An email and all attachments are considered to be one document, and confidential but irrelevant attachments must be disclosed but can be redacted ## Footnote This means that even if some parts are not relevant, they still need to be included in the disclosure.

Answer 2150

* Image files (including scanned documents and photographs) * Reports extracted from accounting software ## Footnote Any form of electronic file, if relevant, can be a document for disclosure purposes.

Answer 2151

They usually comprise the overwhelming majority of the documents to be searched, reviewed, and disclosed ## Footnote Electronic documents are a feature of virtually every disclosure exercise.

Answer 2152

[anything in which information of any description is recorded]

Answer 2153

False ## Footnote Any form of electronic file can be a document if it is relevant.

Answer 2154

* Voicemails * Recordings of telephone discussions ## Footnote These can be important pieces of evidence in legal proceedings.

Answer 2155

Metadata provides additional context and information about the electronic document, such as creation and modification dates ## Footnote This can be crucial in legal contexts for establishing timelines and authorship.

Answer 2156

* Text messages * Instant messages using various services ## Footnote These forms of communication can also be relevant in legal disclosures.

Answer 2157

Gathering, searching, reviewing and disclosing documents on a reasonable and proportionate basis.

Answer 2158

From the time litigation is contemplated.

Answer 2159

Any document retention policies that might lead to documents being deleted.

Answer 2160

Automated shredding of such historic material.

Answer 2161

Particular consideration and often involvement of various service providers.

Answer 2162

Suspend automated deletion or download and store the material securely.

Answer 2163

Not tampering with existing documents.

Answer 2164

Amending a relevant document to remove names or key words.

Answer 2165

To preserve documents and build an audit trail.

Answer 2166

Imaged to preserve the data on it at an early stage.

Answer 2167

Specialist service providers for forensic collection and imaging of electronic devices.

Answer 2168

Whether they contain documents not available from email and document servers.

Answer 2169

Copies of every email sent to or from email addresses within a business.

Answer 2170

Any backup.

Answer 2171

[litigation is contemplated]

Answer 2172

Electronic documents are within a party's control if they are: * within the party’s possession * the party has a right to take possession * the party has a right to inspect or take a copy ## Footnote This definition is crucial for understanding disclosure obligations in legal contexts.

Answer 2173

Issues concerning electronic documents commonly arise in the context of devices used in connection with a business ## Footnote This includes devices such as laptops and mobile telephones provided by employers.

Answer 2174

The employer has control over the contents of devices they own and have the right to inspect ## Footnote This applies to devices like laptops and mobile phones given to employees.

Answer 2175

The employer may not have the right to take possession or gain access to examine electronic documents on personal devices or accounts ## Footnote This is particularly relevant for senior employees, partners, or directors.

Answer 2176

A non-party disclosure order may be appropriate to obtain access to the relevant material ## Footnote This legal measure can help in accessing documents that are otherwise inaccessible.

Answer 2177

The contractual and fiduciary obligations of the relevant individual should be considered ## Footnote These obligations may include requirements to deliver materials related to work.

Answer 2178

An employment contract may include an obligation to deliver up any material in the employee’s possession related to their work ## Footnote This ensures that the organization can access necessary documents for legal proceedings.

Answer 2179

Directors or partners may have a duty to provide material in connection with their work for the organization ## Footnote This duty reinforces the organization's right to access relevant documents.

Answer 2180

Documents held by individuals on personal devices are not automatically within the control of the employer ## Footnote However, if the documents relate to work, they may still be subject to disclosure obligations.

Answer 2181

You may be asked to consider and identify which documents would be within a party’s control for the purposes of disclosure ## Footnote This assessment is crucial in legal contexts to determine the scope of disclosure.

Answer 2182

In the cloud ## Footnote This shift indicates a move away from local storage on hard drives.

Answer 2183

Access to online mailboxes, messaging services, and cloud storage ## Footnote These platforms serve as modern alternatives to traditional storage methods.

Answer 2184

False ## Footnote The trend is towards cloud storage rather than local hard drives.

Answer 2185

online mailboxes, messaging services, and cloud storage ## Footnote These are essential for modern document management.

Answer 2186

To avoid tampering or deletions ## Footnote This step should be proportionate to the issues in the case.

Answer 2187

The increasing volume of electronic documents held by parties ## Footnote This has made the steps for reasonable and proportionate searches critically important.

Answer 2188

Their document repositories and methods for reasonable and proportionate searches ## Footnote These discussions should be included in the disclosure report.

Answer 2189

To address electronic disclosure issues ## Footnote It serves as a useful starting point for discussions before the case management conference.

Answer 2190

Identify, preserve, search, review, and produce electronic documents ## Footnote These processes should be discussed over documents under their control.

Answer 2191

A reasonable search ## Footnote This is aligned with the overriding objective of dealing with the case proportionately.

Answer 2192

Tools or techniques such as search criteria and software tools ## Footnote This includes agreeing on key words or phrases for searches.

Answer 2193

False ## Footnote Key words and search criteria should be agreed upon with the other party.

Answer 2194

Seek directions from the court ## Footnote Refer to CPR Practice Direction 31B, para 17.

Answer 2195

Search criteria may involve: * date ranges * custodians * forms of communication * other electronic documents * key words ## Footnote These criteria should relate to the issues in dispute.

Answer 2196

Email, instant messaging, voicemail, recorded telephone lines, text messages, audio and video files ## Footnote These are essential for comprehensive searches.

Answer 2197

They must be processed using optical character recognition software ## Footnote Alternatively, they can be manually reviewed, but this is rarely proportionate.

Answer 2198

They may identify irrelevant material ## Footnote For example, common words in email addresses should be avoided.

Answer 2199

Key words may need to be professionally translated ## Footnote This ensures accurate searches across language barriers.

Answer 2200

Debate over whether terms are too broad or too restricted ## Footnote Parties may feel that opponents intend to use unreasonably restricted search terms while demanding overly broad searches.

Answer 2201

They may capture large numbers of irrelevant documents ## Footnote An example of a generic term is 'contract'.

Answer 2202

No, they often should not be the same ## Footnote Different terms may be appropriate based on the dealings between parties.

Answer 2203

The name of the opposing party or key individuals ## Footnote This is suitable when parties have had limited dealings.

Answer 2204

It may lead to an unworkable and disproportionate set of documents ## Footnote Searching key staff names can have similar effects.

Answer 2205

By providing test data showing irrelevant documents captured ## Footnote This can facilitate discussions on search criteria.

Answer 2206

They may unexpectedly capture daily newsletters ## Footnote This can lead to irrelevant documents being included in the review.

Answer 2207

Agreeing to exclude emails from specified irrelevant email domains ## Footnote This helps to filter out irrelevant communications.

Answer 2208

It can assist in seeking court direction on search scope ## Footnote This is crucial if parties cannot agree on appropriate search terms.

Answer 2209

Location and reasonable proportionality of searches ## Footnote This includes considerations for both hard copy and electronic documents.

Answer 2210

Searching a whole hard drive or server ## Footnote This may lead to excessive cost and irrelevant documents.

Answer 2211

Searching files of every client for a dispute involving one client relationship ## Footnote This highlights the need for targeted searches.

Answer 2212

Servers, desktop computers, laptops, tablets, mobile telephones, portable hard drives, offsite storage, cloud storage ## Footnote These locations are crucial as they may contain relevant documents.

Answer 2213

Specialist assistance may be required to run searches over certain file formats and messaging services may use encryption ## Footnote This can affect user access to documents.

Answer 2214

They may include relevant material deleted from primary systems and corporate email servers often maintain copies of all emails ## Footnote This is true even if emails are deleted by individual users.

Answer 2215

Databases and document management systems ## Footnote These systems may hold structured electronic documents relevant to the case.

Answer 2216

They can be used to isolate documents connected to the issues in dispute and exclude those without connection ## Footnote This helps refine the search and improve efficiency.

Answer 2217

The date range, custodians, and repositories relevant to the proceedings ## Footnote A focused approach can lead to fewer documents for manual review.

Answer 2218

False ## Footnote 'Paris' should only be applied to documents dated shortly before July 2020 onwards.

Answer 2219

It may produce a large volume of irrelevant material ## Footnote For instance, unrelated business dealings may include the term 'Paris' in emails.

Answer 2220

Consider appropriate search criteria for electronic documents ## Footnote This involves understanding the context and relevance of the documents being searched.

Answer 2221

Servers, desktop computers, laptops, tablets, mobile telephones, portable hard drives, offsite storage, cloud storage ## Footnote These locations are crucial as they may contain relevant documents.

Answer 2222

Specialist assistance may be required to run searches over certain file formats and messaging services may use encryption ## Footnote This can affect user access to documents.

Answer 2223

They may include relevant material deleted from primary systems and corporate email servers often maintain copies of all emails ## Footnote This is true even if emails are deleted by individual users.

Answer 2224

Databases and document management systems ## Footnote These systems may hold structured electronic documents relevant to the case.

Answer 2225

They can be used to isolate documents connected to the issues in dispute and exclude those without connection ## Footnote This helps refine the search and improve efficiency.

Answer 2226

The date range, custodians, and repositories relevant to the proceedings ## Footnote A focused approach can lead to fewer documents for manual review.

Answer 2227

False ## Footnote 'Paris' should only be applied to documents dated shortly before July 2020 onwards.

Answer 2228

It may produce a large volume of irrelevant material ## Footnote For instance, unrelated business dealings may include the term 'Paris' in emails.

Answer 2229

Consider appropriate search criteria for electronic documents ## Footnote This involves understanding the context and relevance of the documents being searched.

Answer 2230

Sophisticated forms of document searching for large data sets ## Footnote Includes concept searches and clustering

Answer 2231

Searches for concepts based on a block of relevant text rather than individual keywords ## Footnote Addresses limitations of keyword-based searches

Answer 2232

Automated grouping of conceptually similar documents

Answer 2233

By reducing the number of documents for manual review through duplicate removal

Answer 2234

Substantially reduce the number of documents for manual review

Answer 2235

A technology-assisted review process that classifies documents and prioritizes them based on relevance ratings

Answer 2236

Large volumes of material that would otherwise require a manual review

Answer 2237

A cutoff point below which documents are not manually reviewed

Answer 2238

Notify and preferably agree with an opponent in advance

Answer 2239

To document and justify the use of technology-assisted review

Answer 2240

It should include specific data types in an electronic spreadsheet

Answer 2241

* Disclosure list number (sequential) * Date * Document type * Author/sender * Recipient * Disclosure list number of any parent or covering document

Answer 2242

Parties are expected to co-operate on the format for providing electronic documents

Answer 2243

In native format, original form in which it was created by computer software

Answer 2244

Native or optical character recognition files.

Answer 2245

It must be converted to a new image file with the redaction embedded.

Answer 2246

To prevent opposing parties from looking behind the redaction.

Answer 2247

All forms of electronic material, including metadata

Answer 2248

Capture the electronic data of a party at an early stage

Answer 2249

Whether those backups and archives contain documents not available from email and document servers and relevant devices

Answer 2250

It is crucial when considering electronic documents

Answer 2251

Tools or techniques, including the use of search criteria and software tools

Answer 2252

Search criteria, including: * date ranges * custodians * forms of communication * other electronic document formats * key words

Answer 2253

Proportionality

Answer 2254

Native format

Answer 2255

A right to withhold evidence

Answer 2256

* Legal advice privilege * Litigation privilege

Answer 2257

Verbal communications and written documents

Answer 2258

Yes, if asked about discussions with their solicitor

Answer 2259

Yes, but many privileged documents may be relevant

Answer 2260

When a party asserts privilege

Answer 2261

All confidential communications between a client and their legal advisors for the sole or dominant purpose of giving or receiving legal advice

Answer 2262

When a dispute is in prospect

Answer 2263

Litigation privilege

Answer 2264

It must be a communication between solicitor and client ## Footnote This includes letters, emails, advice notes, and faxes.

Answer 2265

Letters, emails, advice notes, faxes, attendance notes ## Footnote Attendance notes of meetings where legal advice is discussed are privileged.

Answer 2266

The information must be confidential ## Footnote Confidentiality can be lost if information is shared with third parties.

Answer 2267

Dissemination to third parties or outside the relevant group within an organization ## Footnote Particularly if no conditions of confidentiality are attached.

Answer 2268

Narrowly ## Footnote Records of interviews with employees may not be privileged if they are providing information as employees.

Answer 2269

No, it does not cover legal advice given by non-lawyers ## Footnote It extends to legal executives and foreign lawyers.

Answer 2270

The communication must be produced for the dominant purpose of giving or receiving legal advice ## Footnote This can include related communications made elsewhere.

Answer 2271

Yes, any repetition of legal advice is also covered ## Footnote However, confidentiality must be maintained to keep the privilege.

Answer 2272

Yes, but only if given in a legal capacity ## Footnote If given as a business or commercial adviser, it is not privileged.

Answer 2273

Yes, it is privileged ## Footnote However, wide and uncontrolled dissemination might result in loss of confidentiality.

Answer 2274

A briefing document sent to solicitors for seeking legal advice

Answer 2275

Discussions in which legal advice is sought or given

Answer 2276

Copying a solicitor into an email will make privilege apply

Answer 2277

The substance of the communication

Answer 2278

legal advice

Answer 2279

Legal advice privilege applies to communications with solicitors providing legal advice, while litigation privilege applies to communications aimed at obtaining legal advice, evidence, or information for use in litigation.

Answer 2280

Confidential communications between: * a legal adviser and client * a legal adviser/client and a third party where the dominant purpose is to obtain legal advice, evidence, or information for use in litigation.

Answer 2281

Litigation must be existing, pending, or reasonably in anticipation at the time of the communication.

Answer 2282

[legal adviser], [client]

Answer 2283

Communications with potential witnesses or third-party advisers will attract litigation privilege if they are aimed at obtaining information to use in litigation.

Answer 2284

Any obviously separate non-privileged sections may be unredacted and disclosed.

Answer 2285

To protect communications made for the purpose of obtaining legal advice, evidence, or information for use in litigation.

Answer 2286

[information]

Answer 2287

The dominant purpose must be identified ## Footnote The dominant purpose relates to the party that commissioned the document, not its author.

Answer 2288

A safety report created for dual purposes of obtaining legal advice and improving safety ## Footnote This indicates that the dominant purpose affects privilege status.

Answer 2289

The party that commissioned the document ## Footnote It is important to note that this is also a concept within legal advice privilege.

Answer 2290

Litigation is a real likelihood rather than just a possibility ## Footnote This requires awareness of circumstances relating to the matter.

Answer 2291

No, it does not apply ## Footnote Litigation privilege applies only to advice, evidence, or information on prospective or existing litigation.

Answer 2292

Which form of privilege is most likely to apply ## Footnote This assessment tip is crucial for analyzing legal scenarios.

Answer 2293

Common interest privilege can preserve privilege in privileged material that is shared with third parties. ## Footnote This privilege allows parties with a shared legal interest to exchange information without waiving confidentiality.

Answer 2294

A waiver of privilege due to loss of confidentiality ## Footnote This is further discussed in the chapter regarding waiver.

Answer 2295

When there is a common interest between the owner of the privilege and the recipient ## Footnote Common interest privilege applies to co-defendants, corporate parents, and insurance companies.

Answer 2296

Privileged communications made in a genuine attempt to settle a dispute ## Footnote They do not need to be marked 'without prejudice' to be considered privileged.

Answer 2297

It is very broad and can include communications prior to litigation ## Footnote Once a document is privileged, it retains that privilege indefinitely unless waived.

Answer 2298

To encourage parties to have settlement discussions without fear of concessions being used against them ## Footnote This policy ground supports the integrity of settlement negotiations.

Answer 2299

The fact that such communications exist ## Footnote However, the substance of the communication is very unlikely to be disclosed.

Answer 2300

Examples include: * To explain delay * Evidence of agreed settlement terms * Evidence of impropriety (e.g., blackmail) * Evidence of misrepresentation, estoppel, or fraud ## Footnote These exceptions allow certain communications to be admitted despite their without prejudice nature.

Answer 2301

Communications labelled as such attract without prejudice privilege until the court has given judgment on the dispute. ## Footnote They are not intended to be privileged regarding costs issues.

Answer 2302

Yes, they can be brought to the court's attention on the issue of costs after the application has been determined.

Answer 2303

Any offers of settlement contained in 'without prejudice, save as to costs' communications can be put before the court. ## Footnote The extent to which proceedings could have been settled on reasonable terms without a hearing/trial is also relevant.

Answer 2304

You may be asked to identify which of a series of communications are most likely to be without prejudice.

Answer 2305

Privileged material must be disclosed typically as a category rather than itemised documents in a disclosure statement.

Answer 2306

Yes, privilege is a valid basis upon which to withhold inspection of documents or a privileged portion of a document.

Answer 2307

It must specify which documents are withheld due to privilege, and partially privileged documents must be provided for inspection only in redacted form.

Answer 2308

A party can waive privilege either expressly or impliedly by seeking to rely on such material on an open basis or disseminating it so that it loses its confidentiality. ## Footnote Confidentiality is a necessary element of legal professional privilege.

Answer 2309

No, without prejudice privilege cannot be waived unilaterally as it is a joint privilege owned by both parties to the without prejudice communications. ## Footnote This includes the contents of a settlement negotiation.

Answer 2310

It risks the loss of privilege. ## Footnote Clients should be advised not to share privileged material with other parties without proper consideration.

Answer 2311

They should provide a written undertaking to hold the documents on a confidential basis and confirm that they are understood to be privileged.

Answer 2312

It should be marked 'Private and Confidential – Privileged' or similar.

Answer 2313

Yes, ongoing drafts of witness statements are privileged documents.

Answer 2314

Privilege over the final version is deemed waived, but not over any earlier drafts.

Answer 2315

No, they are not privileged, although drafts are.

Answer 2316

Draft documents created for the dominant purpose of litigation are privileged.

Answer 2317

No, if relevant, they cannot be withheld from inspection, provided they do not attract legal advice privilege or another form of privilege.

Answer 2318

The party submitting may be deemed to have waived the privilege. ## Footnote Other parties have a right to inspect anything referred to in a statement of case or witness statement: CPR r 31.14.

Answer 2319

Some privileged documents can be disclosed on a limited waiver basis without losing privilege more generally. ## Footnote Caution is advised as waiving privilege for one purpose may imply waiver for others.

Answer 2320

Privilege will be lost if the receiving party reasonably thought they were entitled to see the document. ## Footnote The receiving party requires the court’s permission to rely on such documents: CPR r 31.20.

Answer 2321

A party may waive privilege for a document that supports their case, risking waiver of privilege in related documents. ## Footnote This prevents cherry picking favorable documents without context.

Answer 2322

To prevent a partial picture being shown by the disclosing party. ## Footnote It ensures that all related materials are considered for a comprehensive understanding.

Answer 2323

They can be deemed to have waived privilege in other related documents. ## Footnote This can lead to misinterpretation if the full context is not disclosed.

Answer 2324

False. ## Footnote Disclosures can lead to waiver of privilege and require careful consideration.

Answer 2325

contemporaneous legal advice.

Answer 2326

It must be considered carefully in the context of all documents connected to the issue. ## Footnote This helps ensure that the waiver does not lead to unintended consequences.

Answer 2327

The court’s permission.

Answer 2328

Privilege is a right to withhold evidence.

Answer 2329

* Legal advice privilege * Litigation privilege

Answer 2330

A confidential communication between a solicitor and client for the dominant purpose of giving or receiving legal advice.

Answer 2331

A confidential communication for the dominant purpose of obtaining legal advice, evidence or information for use in litigation that was reasonably in prospect at the time.

Answer 2332

Yes, it can apply to communications with third parties, such as potential witnesses.

Answer 2333

Communications for the purpose of attempting to settle a dispute.

Answer 2334

Yes, it is a joint privilege between opposing parties.

Answer 2335

Communications that are privileged until the court has given judgment on the relevant issue.

Answer 2336

They can be relied on for the purposes of arguments on costs.

Answer 2337

By referring to the privileged material in a way that loses confidentiality.

Answer 2338

Referring to privileged material in a statement of case or witness statement.

Answer 2339

No, a waiver of privilege in one document may be deemed a collateral waiver in respect of a set of related privileged documents.

Answer 2340

The weeks leading up to a trial are usually the most intense period of a case.

Answer 2341

Yes, different divisions, specialist courts, and lists have their own ways of doing things.

Answer 2342

The Technology and Construction Court Guide (2nd ed, 3 October 2005, 5th rev).

Answer 2343

Court guides include detailed information on trial preparation and can modify or override general procedures.

Answer 2344

Listing questionnaires.

Answer 2345

At least 14 days before the due date for filing the completed questionnaires.

Answer 2346

A minimum of 8 weeks before the start of trial.

Answer 2347

The time estimate for trial.

Answer 2348

* Confirmation of compliance with directions * Any additional directions sought * Witnesses and experts giving evidence at trial * Legal representation * Changes to estimated time for trial * Proposed timetable for the trial (for multi-track claims)

Answer 2349

A trial fee (listing fee).

Answer 2350

It could lead to an adjournment of the trial or even strike out.

Answer 2351

No, they cannot vary the date without the permission of the court.

Answer 2352

Consider them and make orders to prepare the case for trial.

Answer 2353

A potential wasted costs order against the solicitors.

Answer 2354

CPR Practice Direction 29, para 8.1.

Answer 2355

Do not depend on the court to tell you what to do and when

Answer 2356

It is relatively common for the court to dispense with the need for pre-trial checklists

Answer 2357

Most matters in the pre-trial checklist will have to be dealt with in some form

Answer 2358

Submitting a draft trial timetable

Answer 2359

Court guides contain their own requirements about trial preparation

Answer 2360

Consider them carefully well in advance

Answer 2361

Add it to your calendar and the calendars of everyone who works on the case

Answer 2362

Set a reminder a comfortable period in advance

Answer 2363

To decide what directions are required to prepare the case for trial.

Answer 2364

In the directions made at the case management conference.

Answer 2365

The judge that will hear the case at trial.

Answer 2366

That the parties are ready for trial and make necessary orders.

Answer 2367

* Attendance at trial of witnesses or experts by video link * Volume and presentation of documentary evidence * Use of electronic bundles for relevant documents * Trial timetable

Answer 2368

Late applications are often heard.

Answer 2369

The final instructions for trial.

Answer 2370

That counsel is instructed to represent the client at the trial.

Answer 2371

It becomes non-refundable and counsel is considered on brief.

Answer 2372

It can be leverage in settlement negotiations due to its substantial amount.

Answer 2373

A daily fee incurred for each day of trial following the first day.

Answer 2374

The willingness of a party to accept a settlement offer.

Answer 2375

All documents referred to by the parties in the proceedings

Answer 2376

The claimant

Answer 2377

The trial bundle index

Answer 2378

Deal with it at a pre-trial review or lodge with the pre-trial checklist

Answer 2379

* The claim form and all statements of case * A case summary and chronology * All statements from witnesses of fact * Any witness summaries * Any hearsay notices * Notices of intention to rely on plans, photographs, and models * Any expert reports and joint statement of experts * Any order giving directions as to the conduct of the trial * Any other necessary documents

Answer 2380

A reference to where that document can be found in the trial bundle

Answer 2381

A chronological set of documents from disclosure relied upon by the parties

Answer 2382

Relevant inter-party correspondence

Answer 2383

* “Without prejudice, save as to costs” offers * CPR Pt 36 offers

Answer 2384

The originals and copies of any court orders made in the proceedings

Answer 2385

A set of lever-arch files with appropriate labeling and pagination

Answer 2386

Format of 'Bundle [letter], page [number]'

Answer 2387

A core documents file

Answer 2388

To include key documents regularly referred to by the judge and witnesses

Answer 2389

Substantial efficiencies of time and cost in bundle production ## Footnote Electronic bundles can streamline the preparation and management of trial materials.

Answer 2390

The specific judge ## Footnote Judges may have preferences on format and content for electronic bundles.

Answer 2391

At least 3 (but no more than 7) days ## Footnote This is in accordance with CPR r 39.5.

Answer 2392

* All other parties in the proceeding * A set for the judge * A set for witnesses in court ## Footnote Ensures all relevant parties have access to the same materials.

Answer 2393

All copies of the trial bundle ## Footnote Consistency is crucial for the integrity of the trial process.

Answer 2394

Using letters, e.g., 201A, 201B, 201C ## Footnote This helps to maintain organization and reference.

Answer 2395

The claimant’s solicitors ## Footnote They must ensure that all parties have the most current documents.

Answer 2396

* At court * With counsel * With opponents and their counsel * For witnesses to use at trial * With experts (sometimes only in part) * With clients ## Footnote Each copy must reflect the latest information for fairness in the trial.

Answer 2397

It can indicate a new line of argument or questioning ## Footnote Such requests may shape the strategy of the trial.

Answer 2398

All material placed into the trial bundle ## Footnote Clients should also have the opportunity to suggest important documents.

Answer 2399

An agreed minimum reading list ## Footnote This helps estimate the time needed for the judge to understand the case.

Answer 2400

It must be signed by all relevant advocates ## Footnote Ensures consensus among the legal representatives.

Answer 2401

Reading in days for the judge ## Footnote This allows the judge to familiarize themselves with the issues before the trial starts.

Answer 2402

A summary of each side’s legal argument required for High Court trials. ## Footnote Skeleton arguments help streamline the court proceedings by outlining the main legal points and arguments from both sides.

Answer 2403

Permission should be sought well in advance, usually at the pre-trial review. ## Footnote This is important to ensure compliance with court rules and to avoid potential delays.

Answer 2404

A list of all legal authorities must be referred to by 5pm on the day before the hearing commences. ## Footnote This ensures that all relevant legal precedents are available for consideration during the hearing.

Answer 2405

A short, non-contentious summary of the main events and the dispute, agreed by all parties. ## Footnote This summary helps the court understand the context of the case without delving into contentious details.

Answer 2406

An agreed chronology of relevant events with appropriate references to documents or the witness statement. ## Footnote This chronology aids in presenting a clear timeline of events related to the case.

Answer 2407

Court guides can be checked for rules concerning documents to be included in trial bundles and other documents to be filed in advance of trial. ## Footnote Each court may have specific guidelines that must be adhered to for proper trial preparation.

Answer 2408

The page limit is 50 pages, unless the court gives permission to exceed that limit. ## Footnote This helps maintain focus and clarity in legal arguments presented during the trial.

Answer 2409

The solicitors acting for the claimant ## Footnote They are tasked with organizing trial bundles and other preparations.

Answer 2410

Ensure that a client representative with the authority to give instructions is present in court on each day of trial ## Footnote This is crucial for addressing unexpected events during the trial.

Answer 2411

Provide their evidence ## Footnote Preparation includes understanding trial procedures and conduct.

Answer 2412

No ## Footnote Solicitors are forbidden from seeking to influence the evidence of a witness.

Answer 2413

Proper conduct in court, such as: * Keeping mobile phones off * Bowing when the judge enters or leaves * Not recording or transmitting the hearing * Deciding on swearing or affirming * How to navigate trial bundles * Not using notes when giving evidence * Listening carefully and answering truthfully * Addressing answers to the trial judge * Using proper forms of address for the judge * Not reacting to submissions or evidence ## Footnote These guidelines ensure decorum and respect for the court proceedings.

Answer 2414

mobile telephones and other electronic devices ## Footnote This is to maintain courtroom decorum.

Answer 2415

Bow ## Footnote This is a sign of respect and adherence to courtroom etiquette.

Answer 2416

Recording or transmitting the contents of the hearing ## Footnote Such actions can lead to legal penalties.

Answer 2417

Whether to swear on a holy book or give an affirmation ## Footnote This choice is important for the integrity of their testimony.

Answer 2418

notes or other paperwork ## Footnote This ensures that their testimony is based on memory alone.

Answer 2419

Listen carefully and answer directly and truthfully ## Footnote This is essential for the accuracy of the evidence provided.

Answer 2420

The trial judge ## Footnote This maintains the formal structure of courtroom proceedings.

Answer 2421

My Lord or my Lady ## Footnote This reflects the formalities of the court.

Answer 2422

False ## Footnote Maintaining composure is crucial for courtroom decorum.

Answer 2423

In purdah ## Footnote Being in purdah prevents witnesses from discussing their evidence with anyone until released by the court.

Answer 2424

Read their witness statements several times and inform the legal team of any points to correct or clarify ## Footnote This should occur at the beginning of their oral evidence.

Answer 2425

To keep them informed about when they will be needed to give evidence ## Footnote The trial timetable serves as a useful indicator but should be kept under review.

Answer 2426

Either a live transcript or an end-of-day transcript ## Footnote This is necessary for counsel to prepare closing submissions.

Answer 2427

A suitably qualified interpreter must be booked and briefed on trial procedure ## Footnote The need for an interpreter should be noted in the pre-trial checklist.

Answer 2428

A witness summons ## Footnote This is governed by CPR r 34.2(1).

Answer 2429

* Give evidence at trial * Give evidence at a separate private hearing (deposition) ## Footnote A deposition may be used like a witness statement in any subsequent hearing.

Answer 2430

* Draft a summons with full name and address * File two copies with the court * Obtain a sealed and dated summons from the court * Arrange for service of the summons * Deposit money for witness expenses ## Footnote These steps are outlined in CPR Practice Direction 34A.

Answer 2431

They may be in contempt of court and may face fines or imprisonment ## Footnote In the county court, only a fine applies.

Answer 2432

A court fee ## Footnote This applies when the court serves the sealed summons by first class post.

Answer 2433

Permission of the court ## Footnote This is necessary under CPR r 34.3(2).

Answer 2434

False ## Footnote Transcription services must be booked via an approved provider.

Answer 2435

set aside ## Footnote This application must be made with at least 2 days' notice.

Answer 2436

The court day usually lasts between 10.30am and 4.30pm.

Answer 2437

One hour, between 1pm and 2pm.

Answer 2438

Yes, most trials take place with most individuals attending court in person.

Answer 2439

Where appropriate, some witnesses, including expert witnesses, attend by video link.

Answer 2440

10.30am and 4.30pm

Answer 2441

5–10 minutes

Answer 2442

On the left of the courtroom when facing the judge

Answer 2443

On the right of the courtroom when facing the judge

Answer 2444

* Opening submissions * Witnesses of fact * Expert witnesses * Closing submissions

Answer 2445

* Claimant * Defendant

Answer 2446

The evidence of any relevant witnesses that give evidence before them

Answer 2447

To pass on information and note what they have to say about it

Answer 2448

Give an oath on a holy book or make an affirmation

Answer 2449

That the evidence they give shall be the whole truth and nothing but the truth

Answer 2450

The court clerk

Answer 2451

In the witness box, close to the judge

Answer 2452

defendant's

Answer 2453

It stands as the witness’s evidence in chief according to CPR r 32.15 ## Footnote The witness statement is a formal document that outlines the witness's account of events.

Answer 2454

Confirm it is their statement and was signed by them ## Footnote This ensures authenticity and accuracy of the witness's testimony.

Answer 2455

Explain corrections or clarifications and why their statement was incomplete or inaccurate ## Footnote This discussion should occur in advance with the legal team.

Answer 2456

Yes, with the permission of the court, they can give evidence on matters arising since the statement was served ## Footnote This is governed by CPR r 32.5(3).

Answer 2457

A process of direct leading questions to test the evidence from a witness ## Footnote It usually involves referencing contemporaneous documents.

Answer 2458

To give the witness an opportunity to respond; otherwise, the allegations may not be maintained in closing submissions ## Footnote This upholds the fairness of the trial process.

Answer 2459

Re-examination occurs, consisting of non-leading questions from the counsel for the party that called the witness ## Footnote This helps clarify issues raised during cross-examination.

Answer 2460

To seek clarifications on issues from cross-examination ## Footnote It addresses inconsistencies or new evidence that may have arisen.

Answer 2461

Non-leading questions ## Footnote This prevents the counsel from suggesting answers to the witness.

Answer 2462

The essentials ## Footnote It aims to clarify rather than expand the witness's testimony.

Answer 2463

To intervene with their own questions ## Footnote This helps clarify issues or address misunderstandings.

Answer 2464

To clarify issues on which clarification is essential ## Footnote Re-examination should only address crucial points due to the challenges faced during cross-examination.

Answer 2465

It can mentally drain witnesses by the time they are re-examined ## Footnote Witnesses may struggle to understand the context of questions during re-examination.

Answer 2466

An examination of facts, evidence, legal issues, and determination on each issue in dispute ## Footnote A judgment concludes whether each cause of action succeeds or fails.

Answer 2467

Judgment is reserved for a later date ## Footnote The judge considers the evidence and relevant papers before delivering judgment.

Answer 2468

It is prepared by the judge and embargoed until handed down in court ## Footnote Draft judgments can only be shared internally and not with third parties.

Answer 2469

It is considered contempt of court ## Footnote Parties must refrain from any actions related to the draft judgment before it is officially handed down.

Answer 2470

They must be informed of the restrictions before receiving the outcome or a copy ## Footnote This ensures compliance with court procedures.

Answer 2471

Copies of the final judgment are made available, often without the attendance of parties ## Footnote A separate hearing may be scheduled for consequential matters later.

Answer 2472

By no later than 4pm on the second working day before handing down ## Footnote This timeframe is specified in CPR Practice Direction 40E, para 2.3.

Answer 2473

False ## Footnote The hand down can be a short hearing with final judgment copies distributed.

Answer 2474

It stands as a legal determination of all the issues decided by it ## Footnote The parties cannot re-litigate the same issues again, without a successful appeal.

Answer 2475

Res judicata ## Footnote This principle ensures that once a judgment is made, underlying causes of action are extinguished.

Answer 2476

The underlying causes of action are extinguished and replaced with rights arising from the judgment itself ## Footnote This means parties can no longer bring forth the same claims.

Answer 2477

Without good reason for not having done so ## Footnote This is to prevent multiple related proceedings that conflict with the overriding objective.

Answer 2478

Issues that arise from the judgment ## Footnote The court must receive written submissions from parties seeking consequential orders.

Answer 2479

They should have discussed and sought to agree on a form of order to reflect the judgment ## Footnote This form of order must be filed with the court by 12 noon the working day before the hearing.

Answer 2480

The form of order will be derived from the remedies sought in the claimant's pleaded case ## Footnote For example, an order for payment of damages as determined by the court.

Answer 2481

They may be ordered to provide information and documents for a later hearing ## Footnote This is necessary before a sum to be paid can be determined.

Answer 2482

Final mandatory or prohibitory injunction, or certain declaratory orders ## Footnote Examples include orders that an agreement is rescinded or a contractual term is rectified.

Answer 2483

The time for compliance will be specified in the order ## Footnote If not specified, the default compliance date is 14 days from the date of the order.

Answer 2484

The court has a very broad discretion as to which party is ordered to pay costs and how much. ## Footnote This discretion allows the court to consider various factors when making decisions on costs.

Answer 2485

The court will hear submissions from the parties as to which of them should bear responsibility for costs and the sums to be paid. ## Footnote This can occur on an issue-by-issue basis.

Answer 2486

Consideration of costs issues will usually involve the judge being shown previous offers of settlement. ## Footnote Until judgment, the court has not been allowed to see these offers.

Answer 2487

False ## Footnote The court can also consider previous offers of settlement before the final judgment.

Answer 2488

It can lead to a less favourable costs order. ## Footnote This relates to offers made on a “without prejudice, save as to costs” basis and CPR Pt 36 offers.

Answer 2489

The overall conduct of the parties, including compliance with: * Practice Direction on Pre-Action Conduct and Protocols * Relevant pre-action protocols. ## Footnote Compliance with pre-action protocols can significantly impact the costs order.

Answer 2490

The standard basis and the indemnity basis. ## Footnote The basis of assessment affects how costs are calculated.

Answer 2491

The costs will usually be subject to detailed assessment. ## Footnote The judge may also order an interim payment on account of costs to be assessed.

Answer 2492

Seek permission to appeal from the trial judge and submit draft grounds of appeal. ## Footnote This is a common procedural step in the appeals process.

Answer 2493

They will have to seek permission from a higher court. ## Footnote This highlights the hierarchical structure within the court system regarding appeals.

Answer 2494

No, it is uncommon unless failing to do so would make any appeal redundant. ## Footnote Staying an order can affect the enforcement of that order.

Answer 2495

A sealed copy of the order. ## Footnote The sealed order is essential for any subsequent enforcement actions.

Answer 2496

Any subsequent enforcement action that might be necessary. ## Footnote Enforcement processes are typically detailed in a later chapter.

Answer 2497

The issues that will need to be addressed. ## Footnote This is a crucial skill in legal assessments and examinations.

Answer 2498

To ensure both parties are prepared for trial by providing necessary information ## Footnote Pre-trial checklists are often referred to as listing questionnaires.

Answer 2499

At least 14 days ## Footnote This is in accordance with the directions given by the court.

Answer 2500

Trial fee (listing fee) ## Footnote This fee is required to proceed with the trial.

Answer 2501

Adjournment of the trial or striking out the claim ## Footnote This could also lead to a potential wasted costs order against the solicitors.

Answer 2502

Fix a date for a pre-trial review ## Footnote This is to determine what directions are required.

Answer 2503

All documents referred to by the parties in the proceedings ## Footnote The claimant is responsible for the preparation of the trial bundle.

Answer 2504

Witness summons ## Footnote This is necessary when witnesses refuse to comply voluntarily.

Answer 2505

A witness’s evidence in chief ## Footnote This means it serves as the primary testimony of the witness.

Answer 2506

It stands as a legal determination of all issues decided ## Footnote Parties cannot relitigate the same issues without a successful appeal.

Answer 2507

The form of order to be made, any further directions required, costs, and permission to appeal ## Footnote These issues are essential in determining the next steps post-judgment.

Answer 2508

The court has discretion over: * whether costs are payable by one party to another * the amount of those costs * when they are to be paid

Answer 2509

The unsuccessful party will pay the costs of the successful party, as well as their own costs

Answer 2510

The court can depart from the usual rule if the successful party has behaved unreasonably

Answer 2511

The court must consider all the circumstances of the case, including: * the conduct of the parties * whether a party has succeeded on part of their case * any admissible offer to settle

Answer 2512

Conduct covers: * conduct before and during proceedings * compliance with the Practice Direction on Pre-Action Conduct * reasonableness of raising or contesting allegations * manner of pursuing or defending the case * whether a claimant exaggerated their claim

Answer 2513

The court will consider this in determining costs, even if the party was not wholly successful

Answer 2514

The court may depart from the general rule if the successful party did not achieve a better outcome than the settlement offer, thus incurring additional costs

Answer 2515

The offer must be made in writing on a 'without prejudice, save as to costs' basis

Answer 2516

The court must apply the enhanced costs regime set out in CPR Pt 36 if any Part 36 offer has been made

Answer 2517

unsuccessful

Answer 2518

• determination of an interim application • judgment on the claim

Answer 2519

• a proportion of another party’s costs • a stated amount in respect of another party’s costs • costs from a certain date only • costs incurred before proceedings have begun • costs relating to particular steps taken in the proceedings • costs relating only to a distinct part of the proceedings • interest on costs from or until a certain date

Answer 2520

Each party must bear the costs they have incurred.

Answer 2521

Yes, interim costs orders can be made on the same bases.

Answer 2522

A party must comply within 14 days of the sum being confirmed.

Answer 2523

The indemnity principle.

Answer 2524

[incurred]

Answer 2525

Consequences may follow as determined by the court.

Answer 2526

Conditional fee agreement or damages-based agreement.

Answer 2527

If no order is made, each party bears their own costs.

Answer 2528

Costs are recoverable to the extent sums are recovered from the opponent

Answer 2529

No, additional success fees cannot be claimed

Answer 2530

It governs fixed costs for legal claims

Answer 2531

In specific circumstances prescribed by the court

Answer 2532

* Judgment in default * Judgment on an admission * Defendant pays the sum claimed in full before a defense or admission is due * Actions to enforce a judgment or order * Summary judgment (straightforward or uncontested) * Strike out of a defense (straightforward or uncontested)

Answer 2533

Claims for money or goods not exceeding £25

Answer 2534

Yes, court fees are recoverable in addition

Answer 2535

The court can make alternative orders if appropriate

Answer 2536

* A party acted inappropriately increasing costs * Fixed costs would not provide proper remuneration

Answer 2537

It specifies costs associated with issuing the claim

Answer 2538

From table 2 in CPR PD 45 based on claim value and service of defendants

Answer 2539

The relevant fixed commencement costs applicable to the claim

Answer 2540

"To be assessed" is often entered

Answer 2541

If the claim is not for a fixed sum or is not a straightforward case

Answer 2542

Further fixed costs can be claimed if a judgment is entered by the claimant ## Footnote For example, a judgment in default if a defendant fails to file an acknowledgment of service.

Answer 2543

Limited to fixed costs only ## Footnote Parties can recover court fees, reasonably incurred expenses, limited lost earnings, and expert’s fees.

Answer 2544

Where a party has behaved unreasonably ## Footnote To be assessed summarily as per CPR r 27.14(g).

Answer 2545

Costs of an advocate preparing for and appearing at the trial are fixed ## Footnote Specific amounts and conditions are detailed in relevant tables and sections within Part 45.

Answer 2546

The court will award two-thirds of the fixed amount that would otherwise have been awarded ## Footnote This is stated in CPR r 45.4.

Answer 2547

The court will apply the default hourly rate for litigants in person if they cannot prove financial loss ## Footnote This is mentioned in CPR Practice Direction 46.

Answer 2548

Exceptional circumstances, including unreasonable or improper conduct during trial ## Footnote Referenced in CPR r 45.13.

Answer 2549

FRC came into force from 1 October 2023 ## Footnote They apply to Fast Track and Intermediate Track cases valued up to £100,000 in damages.

Answer 2550

Cap on the amount of legal costs the winning party can recover from their opponent ## Footnote Amounts are guided by the complexity bands assigned to the claim.

Answer 2551

* Complex clinical negligence claims * Claims involving abuse/neglect * Certain claims against the police * Mesothelioma and asbestos-related lung disease claims ## Footnote Housing claims are currently excluded but expected to be included in the future.

Answer 2552

New rules apply to claims issued on or after this date ## Footnote For personal injury claims, the cause of action must have occurred after this date.

Answer 2553

Cases with a value up to £25,000 where the trial is likely to last no longer than one day. ## Footnote Four complexity bands determine the costs for various stages.

Answer 2554

Up to £100,000. ## Footnote Applies to less complex multi-track cases with four complexity bands and associated grids of costs for different stages.

Answer 2555

Claims under the pre-action protocols for road traffic accidents and employers’/public liability. ## Footnote Specific tables (Tables 10 and 11) are referenced for these claims.

Answer 2556

Specific provisions for NIHL claims with fixed costs detailed. ## Footnote Refer to Table 15 for detailed cost information.

Answer 2557

Rules 45.43 - 45.48. ## Footnote These rules outline the application and costs associated with Fast Track Claims.

Answer 2558

Rules 45.49 - 45.51. ## Footnote These rules specify the criteria and cost structures for Intermediate Track Claims.

Answer 2559

Tables 10 and 11. ## Footnote These tables outline the cost structures under the relevant protocols.

Answer 2560

Specific provisions for Noise Induced Hearing Loss claims. ## Footnote Detailed in Table 15.

Answer 2561

Costs actually incurred by the party awarded costs, which the opponent must pay. ## Footnote Assessed costs apply when no fixed costs are in place.

Answer 2562

The basis of assessment, whether on a standard or indemnity basis. ## Footnote This applies to all cost orders, including interim applications.

Answer 2563

Costs are disallowed if they: * were unreasonably incurred * are unreasonable in amount * are disproportionate to the matters in issue. ## Footnote Even if costs are reasonably incurred and reasonable in amount, they can still be disallowed.

Answer 2564

Costs are proportionate if they bear a reasonable relationship to: * the sums in issue * the value of any non-monetary remedy granted * the complexity of the proceedings * any additional work generated by the conduct of the paying party * any wider factors, such as reputational issues and public importance * any additional work or expense due to the vulnerability of a party or a witness. ## Footnote This rule outlines the criteria for determining the proportionality of costs.

Answer 2565

Doubt should be resolved in favour of the paying party according to CPR r 44.3(2)(b). ## Footnote This means that if there is uncertainty, the decision will favor the party responsible for paying the costs.

Answer 2566

About 70% ## Footnote This is a general expectation and may vary based on specific circumstances.

Answer 2567

There is no limit of proportionality and doubts are resolved in favour of the receiving party ## Footnote Refer to CPR r 44.3(3) for specific rules.

Answer 2568

About 80% ## Footnote This is a general expectation and may vary based on specific circumstances.

Answer 2569

If they are unreasonably incurred or unreasonable in amount ## Footnote Refer to CPR r 44.3(1) for specific rules.

Answer 2570

The court considers: * Conduct of the parties * Efforts to resolve the dispute * Amount or value of property involved * Importance of the matter * Complexity of the matter * Skill, effort, knowledge involved * Time spent on the case * Place and circumstances of work * Receiving party’s last approved budget

Answer 2571

The standard basis ## Footnote This applies unless otherwise stated in the order.

Answer 2572

They are presumed to have been reasonably incurred and reasonable in amount ## Footnote This presumption is rebuttable as per CPR r 44.5.

Answer 2573

To order costs on an indemnity basis generally when disapproving a party's conduct ## Footnote This reflects cases where conduct is outside of the norm.

Answer 2574

False ## Footnote Costs will usually be awarded on the standard basis.

Answer 2575

The defendant pays the claimant’s costs and further sums unless the court considers it unjust. ## Footnote Further sums include costs on the indemnity basis, interest on those costs, interest on the sum awarded, and an additional amount not exceeding £75,000.

Answer 2576

* Up to 10% interest above base rate on costs * Up to 10% interest above base rate on the sum awarded ## Footnote The sum awarded can include damages.

Answer 2577

* 10% of the amount awarded * 10% of the first £500,000 * 5% of any amount above £500,000 (subject to a limit of £75,000) ## Footnote This applies when the claimant is successful at trial.

Answer 2578

* Terms of any Part 36 offer * Stage of proceedings when the Part 36 offer was made * Information available to the parties when the Part 36 offer was made * Conduct of the parties regarding information for the offer * Whether the offer was a genuine attempt to settle ## Footnote A non-genuine offer might not result in the usual CPR Pt 36 costs consequences.

Answer 2579

The claimant is likely to pay the defendant’s costs of the proceedings on the standard basis. ## Footnote This follows the usual procedure outlined in CPR r 44.2.

Answer 2580

There are no CPR Pt 36 consequences, and the defendant likely will be ordered to pay the claimant’s costs under CPR r 44.2. ## Footnote This follows the typical cost order principles.

Answer 2581

* The defendant pays the claimant’s costs (standard basis) up to the end of the relevant period * The claimant pays the defendant’s costs (standard basis) plus interest from the end of the relevant period onwards ## Footnote This is in accordance with CPR r 36.17(3).

Answer 2582

The claimant’s offer applies as the defendant was wrong to reject it, and CPR Pt 36 consequences apply to the defendant: CPR r 36.17(1)(b) and (4).

Answer 2583

The defendant’s offer applies as the claimant was wrong to reject it, and CPR Pt 36 consequences apply to the claimant: CPR r 36.17(1)(a) and (3).

Answer 2584

There are no CPR Pt 36 consequences.

Answer 2585

Was the offeree right not to accept the Part 36 offer?

Answer 2586

The court has the power to order a party that is not a party to civil proceedings to pay costs in respect of those proceedings.

Answer 2587

A relevant non-party will be, in substance, a real party to the proceedings, alongside the party they stand behind.

Answer 2588

The court will not order pure funders to pay costs if they do not stand to benefit and are not providing funding as a business.

Answer 2589

That party must be added to the proceedings for costs purposes and given a reasonable opportunity to attend any hearing.

Answer 2590

No, it is not necessary to make a non-party costs application at the consequentials hearing.

Answer 2591

The application should be made when attempts to obtain payment from the party originally ordered to pay costs have failed.

Answer 2592

Court fees, which are fully recoverable ## Footnote Fixed costs refer to the costs that do not vary based on the specifics of the case, excluding recoverable court fees.

Answer 2593

The basis of assessment ## Footnote The basis of assessment can be standard or indemnity.

Answer 2594

Orders for costs on the standard basis ## Footnote The standard basis disallows costs that are unreasonably incurred, unreasonable in amount, or disproportionate.

Answer 2595

When the court is critical of the conduct of the paying party ## Footnote Indemnity basis allows for costs that are not limited to only proportionate costs.

Answer 2596

Costs must have actually been incurred, unless under a conditional fee agreement or damages-based agreement ## Footnote In those agreements, the costs of legal services are recoverable.

Answer 2597

They will prima facie be reasonable ## Footnote This means they are assumed to be reasonable unless proven otherwise.

Answer 2598

Summary assessment of costs ## Footnote If the hearing exceeds one day, costs will be subject to detailed assessment.

Answer 2599

The CPR Pt 36 regime ## Footnote This regime governs the implications of offers made in civil litigation.

Answer 2600

The defendant will pay the claimant’s costs and costs on the indemnity basis, plus interest ## Footnote This includes up to 10% interest above base rate on costs and any awarded sum.

Answer 2601

The claimant will pay the defendant’s costs from the end of the relevant period plus interest ## Footnote The defendant is ordered to pay costs up to the end of the relevant period in the usual way.

Answer 2602

A non-party funding the proceedings ## Footnote This can include individuals like owner-directors of small companies or professional litigation funders.

Answer 2603

Make an offer to settle a claim ## Footnote Parties can agree on terms of settlement at any time.

Answer 2604

Before proceedings, during proceedings, after trial, pending judgment ## Footnote Parties may also settle an interim application before it is determined.

Answer 2605

No ## Footnote The CPR Pt 36 regime does not apply to interim applications.

Answer 2606

Offers to settle made on a without prejudice, save as to costs basis ## Footnote Named after Calderbank v Calderbank [1976] Fam 93.

Answer 2607

A genuine attempt to settle is inadmissible in court ## Footnote This means the offer will not be seen by the court when considering the case.

Answer 2608

The offer can be shown to the court after judgment ## Footnote This is when the court considers which party should pay costs.

Answer 2609

Any variety of settlement terms ## Footnote This includes broader settlements than just the issues in live proceedings.

Answer 2610

An offer inclusive of costs or a specific figure for costs ## Footnote This provides certainty to both parties involved.

Answer 2611

Costs consequences of offers to settle ## Footnote This is discussed in detail in another chapter.

Answer 2612

To ascertain whether it was a reasonable offer to settle the proceedings ## Footnote Offers that go beyond the scope of the issues might have limited costs consequences.

Answer 2613

Offers to settle all or part of a claim with specific features and consequences.

Answer 2614

To encourage parties to settle with financial incentives.

Answer 2615

It can be very costly.

Answer 2616

They apply pressure on an opponent to settle.

Answer 2617

In the chapter on costs.

Answer 2618

No, it is a self-contained procedural code.

Answer 2619

The standard legal principle of rejection by counteroffer does not apply.

Answer 2620

Using the mechanisms available in CPR Pt 36.

Answer 2621

Yes, if it has not been withdrawn.

Answer 2622

Without prejudice, save as to costs offers ## Footnote This means they are not disclosed to the court until after the case has been decided.

Answer 2623

At any time, including before commencement of proceedings.

Answer 2624

It might not give the party the benefit of the CPR costs consequences.

Answer 2625

An offer of a nominal discount to the sum claimed.

Answer 2626

No, they do not prevent the parties from making other attempts to settle.

Answer 2627

* Verbal negotiations * Alternative dispute resolution * Calderbank offers

Answer 2628

CPR r 44.2(4)(c).

Answer 2629

The offer must be in writing ## Footnote Usually in a letter, but may use a standard court form.

Answer 2630

It must make it clear that it is made pursuant to CPR Pt 36 ## Footnote This is outlined in CPR r 36.5(1)(b).

Answer 2631

At least 21 days from receipt ## Footnote This requirement is specified in CPR r 36.5(1)(c).

Answer 2632

An offer to accept a lesser sum than claimed, plus costs up to the date of acceptance.

Answer 2633

Agreement to pay a sum plus the claimant’s costs (to be assessed) up to the end of the relevant period.

Answer 2634

They will become liable for the offeror’s costs if the offeror beats the offer at trial.

Answer 2635

It will not have the automatic CPR Pt 36 costs consequences.

Answer 2636

Whether it relates to all or part of the claim and whether it includes any counterclaim ## Footnote This requirement is outlined in CPR r 36.5(1)(d).

Answer 2637

It must be an offer to pay a single sum of money within 14 days of the date of acceptance ## Footnote This is specified in CPR r 36.6.

Answer 2638

The offer will remain open until trial unless formally withdrawn.

Answer 2639

The time limit for acceptance cannot be less than 21 days from receipt ## Footnote This is specified in CPR r 36.5(1)(c).

Answer 2640

The Part 36 offer will be automatically withdrawn in accordance with its terms.

Answer 2641

The offer might still be given CPR Pt 36 consequences when considered by the court after trial.

Answer 2642

Clarification of the offer ## Footnote The offeree may seek clarification if the offer is unclear or ambiguous.

Answer 2643

The offeree can apply for an order that the offeror provides clarification ## Footnote This ensures that the offeree has the necessary information to evaluate the offer.

Answer 2644

A judge other than the trial judge ## Footnote This prevents potential bias in the trial proceedings.

Answer 2645

If the offer is made explicitly on an open basis or if the trial judge has previously heard an interim application ## Footnote This allows for continuity and fairness in handling related matters.

Answer 2646

The offeror may: * Amend the offer to be more advantageous * Withdraw the offer * Amend the offer to be less advantageous ## Footnote Each action has specific procedural requirements under CPR rules.

Answer 2647

It will be treated as a new Part 36 offer and restart the relevant period ## Footnote This provides the offeree with a fresh opportunity to respond to the improved offer.

Answer 2648

Serving a notice of withdrawal ## Footnote This formalizes the offeror's intention to retract the offer.

Answer 2649

CPR r 36.9 ## Footnote This rule outlines the procedures and implications for managing Part 36 offers.

Answer 2650

At the end of the relevant period unless the offeree has accepted the offer before then ## Footnote This means that the offeree can accept a Part 36 offer even if the offeror attempts to withdraw it before the relevant period ends.

Answer 2651

Apply to court using the standard CPR Pt 23 procedure ## Footnote This is necessary to prevent the offeree from accepting an offer that the offeror has attempted to withdraw.

Answer 2652

Amend the offer or give notice to withdraw it without the court's permission ## Footnote Amendments can be either upwards or downwards.

Answer 2653

There has been a change of circumstances since the offer was made and it is in the interests of justice to give permission ## Footnote This is outlined in CPR r 36.10(2)(a).

Answer 2654

Any time limit for acceptance cannot be shorter than 21 days ## Footnote This can be a drawback if an offer is made close to an upcoming hearing and time is limited.

Answer 2655

False ## Footnote The offeror can only withdraw without court permission after the relevant period has expired.

Answer 2656

Liability for the claimant’s costs (if the offer is accepted)

Answer 2657

Due to the unknown figure of potential liability and lack of transparency

Answer 2658

If the offer is only a modest proportion of the claimed sum

Answer 2659

A perpetual injunction

Answer 2660

A Calderbank offer

Answer 2661

It will be taken into account by the court if not beaten at trial

Answer 2662

The relative merits of each party’s position can change ## Footnote Important documents could arise from disclosure that substantially support or discredit a party’s case.

Answer 2663

Costs protection and benefits if a party beats their offer at trial ## Footnote They are often made at a relatively early stage and left on the table.

Answer 2664

The costs consequences will not apply.

Answer 2665

If the merits of the case significantly change and the party finds itself in a weaker position.

Answer 2666

Whether they are still appropriate and on terms the offeror would still be content to settle.

Answer 2667

To identify the formalities required for a Part 36 offer.

Answer 2668

To compare Part 36 offers and Calderbank offers based on a given scenario.

Answer 2669

A claim is settled when the parties to the claim agree on legally binding terms of settlement.

Answer 2670

Accepting a Part 36 offer will bring the proceedings to an end.

Answer 2671

The action will be stayed upon the terms of the offer.

Answer 2672

The claim will be stayed as to that part upon the terms of the offer.

Answer 2673

The offeree must serve a written notice on the offeror.

Answer 2674

The acceptance must also be filed with the court.

Answer 2675

The defendant must pay the claimant’s costs up to the date of acceptance on the standard basis.

Answer 2676

The parties can agree on liability for costs; if not, the court will make an order.

Answer 2677

The defendant will pay the claimant’s costs up to expiry of the relevant period.

Answer 2678

The offeree pays the offeror's costs from the expiry of the relevant period up to acceptance.

Answer 2679

If some but not all defendants accept, or if trial is in progress.

Answer 2680

The sum must be paid within 14 days.

Answer 2681

The claimant may enter judgment for the unpaid sum.

Answer 2682

The offeror may apply to the court to enforce the terms without the need for a new claim.

Answer 2683

In the same way as any other agreement between parties.

Answer 2684

Accepting an offer of settlement.

Answer 2685

In principle, yes.

Answer 2686

No terms will be binding until the parties have expressly agreed to all the terms of a settlement agreement.

Answer 2687

It is not open to a party to simply accept an offer and have a binding agreement.

Answer 2688

The causes of action in the proceedings with contractual rights under the new agreement.

Answer 2689

An agreement that is conditional on the payment of the agreed settlement sum by a specified date.

Answer 2690

The terms of settlement would not be binding, the agreement would fall away, and the proceedings would resume.

Answer 2691

If the settlement sum is not paid promptly, they will continue to face the full claim.

Answer 2692

A court order is needed ## Footnote This is essential to formally conclude the legal proceedings.

Answer 2693

Contracts between the parties ## Footnote These settlements require further proceedings for enforcement if breached.

Answer 2694

Commence further proceedings for breach of contract and apply for default or summary judgment ## Footnote This process is necessary to seek legal remedies for the breach.

Answer 2695

It allows the innocent party to apply to the court to enforce the order ## Footnote Consent orders simplify the enforcement process and formally conclude court proceedings.

Answer 2696

* Dismissal * Stay of proceedings * Consent orders * Tomlin orders ## Footnote These orders dictate how the settlement is handled legally.

Answer 2697

The claim is dismissed and cannot be brought again on the same issue or cause of action ## Footnote This serves as a final resolution to the claim.

Answer 2698

There are no automatic costs consequences ## Footnote Costs are generally agreed upon by the parties as part of the settlement agreement.

Answer 2699

By way of new proceedings ## Footnote This indicates the need for additional legal action for enforcement.

Answer 2700

Suspends the case or a particular proceeding within the case ## Footnote This can be either temporary or until settlement terms are complied with.

Answer 2701

A binding order in terms agreed between the parties, signed by their legal representatives and filed with the court for approval. ## Footnote See requirements at CPR Practice Direction 40B, para 3.4.

Answer 2702

To vary deadlines when the parties cannot do so only by agreement.

Answer 2703

The basis of the agreement between the parties, as in the settlement agreement.

Answer 2704

* Payment of the agreed sum by an agreed deadline.

Answer 2705

The order can be enforced by application to the court.

Answer 2706

No, it is common in straightforward cases.

Answer 2707

Yes, unless confidentiality is a concern.

Answer 2708

A form of consent order that includes a stay of proceedings on agreed terms between the parties.

Answer 2709

Terms of settlement agreed between the parties.

Answer 2710

No, they can remain confidential.

Answer 2711

Without the requirement of new proceedings.

Answer 2712

6-year limitation period.

Answer 2713

Terms of agreement are set out in a separate schedule ## Footnote This allows for confidentiality and complexity in the terms.

Answer 2714

Sets out the agreed terms of the settlement on the face of the order ## Footnote This makes it open to public inspection.

Answer 2715

Yes ## Footnote Tomlin orders can include terms that are not limited to court awards.

Answer 2716

Yes ## Footnote Standard consent orders only include terms that can be binding obligations.

Answer 2717

Where the terms are more complex and may require confidentiality ## Footnote This is useful when parties want to keep terms private.

Answer 2718

Where terms are fairly straightforward, and confidentiality is not a concern ## Footnote Standard consent orders are more transparent.

Answer 2719

Yes ## Footnote This flexibility allows for a broader settlement.

Answer 2720

No ## Footnote It can only deal with issues that are part of the proceedings.

Answer 2721

Offers the parties certainty and a clean break ## Footnote This can include claims that the parties do not know about.

Answer 2722

Not to agree to terms of settlement that might inadvertently settle the claim they wish to preserve ## Footnote This is important to maintain the right to future claims.

Answer 2723

Discontinue all or part of their claim ## Footnote This allows claimants flexibility in managing their claims.

Answer 2724

The claimant is liable for the costs incurred by the defendant ## Footnote This means the claimant may have to pay the defendant's legal costs.

Answer 2725

Make an offer to settle a claim and agree on terms of settlement at any time ## Footnote This applies to both full claims and interim applications.

Answer 2726

The offer will not be seen by the court when considering the case but will be shown after judgment for costs considerations ## Footnote This protects the negotiation process while still allowing cost implications to be considered.

Answer 2727

Any variety of settlement terms, even those beyond the issues in the proceedings ## Footnote This gives parties flexibility in negotiations.

Answer 2728

Calderbank offers are more flexible and provide more certainty on costs ## Footnote They allow for a broader range of settlement terms.

Answer 2729

A court order will be needed to bring the proceedings to an end ## Footnote This formalizes the settlement and concludes the legal action.

Answer 2730

Offers to settle all or part of a claim with specific features and consequences set out in CPR Pt 36 ## Footnote These offers follow a procedural code that may differ from standard legal principles.

Answer 2731

A party who tries to be reasonable but is dragged to trial should be compensated, while a party who unreasonably insists on trial should be penalised ## Footnote This encourages reasonable settlement negotiations.

Answer 2732

An offer to pay a single sum of money within 14 days of acceptance ## Footnote This ensures clarity in the terms of the offer.

Answer 2733

Request that the offer be clarified ## Footnote This allows the offeree to understand the terms better before acceptance.

Answer 2734

The case is brought to an end and the action is stayed upon the terms of the offer ## Footnote This formalizes the acceptance and concludes the litigation.

Answer 2735

That sum must be paid within 14 days ## Footnote Failure to pay allows the claimant to enter judgment for the unpaid sum.

Answer 2736

A form of consent order where the court orders a stay of proceedings on agreed terms ## Footnote This allows parties to resolve their disputes without further litigation.

Answer 2737

Appeals ## Footnote Appeals are the legal mechanism to contest court decisions.

Answer 2738

No, appeals are limited to a review of a court’s decision ## Footnote CPR r 52.21(1) states that the entire case will not be re-heard unless in the interests of justice.

Answer 2739

Only in exceptional circumstances ## Footnote CPR r 52.21(1)(b) specifies that re-hearings are not common.

Answer 2740

Only if the appeal court orders it ## Footnote CPR r 52.21(2) indicates that introducing new evidence in appeals is rare.

Answer 2741

* Could have been obtained for the original trial * Would have had an important influence on the case * Is apparently credible ## Footnote These criteria help determine the relevance of new evidence.

Answer 2742

Generally, no, unless exceptional circumstances exist ## Footnote New points may change the nature of the appeal and require new evidence.

Answer 2743

No need for new evidence and the respondent is not prejudiced ## Footnote An example is when a new legal point arises from the case presented at trial.

Answer 2744

* Case management decisions * Interim orders * Decisions on disclosure * Use of experts ## Footnote CPR r 52.20(1) and (2)(a) outlines these types of decisions.

Answer 2745

Because it is generally a matter of the court’s discretion ## Footnote The appeal court requires the judge’s decision to fall outside the range of reasonable decisions.

Answer 2746

That it fell outside the range of reasonable decisions ## Footnote This reflects the wide discretion afforded to judges on case management issues.

Answer 2747

An appeal will only be allowed if the lower court’s decision was either: * considered wrong due to an error of fact or law * unjust due to a serious procedural irregularity. ## Footnote CPR stands for Civil Procedure Rules, which govern civil litigation in England and Wales.

Answer 2748

An appeal court will not overturn findings of fact made by a trial judge except for exceptional circumstances. ## Footnote This is because the trial judge is in a better position to assess the factual evidence.

Answer 2749

The trial judge has the benefit of a full presentation of all the evidence on which the parties wanted to rely and live evidence from witnesses. ## Footnote This includes the ability to assess the credibility of witnesses.

Answer 2750

An appeal might succeed if the judge’s decision on an important factual matter was obviously unsupported by the documentary evidence available to the appeal court. ## Footnote This means that clear evidence contradicting the judge's findings was present.

Answer 2751

If the judge’s decision was based on a range of factors and consideration of the relative weight of various elements of the evidence, the appeal court will not intervene. ## Footnote This includes cases where the judge preferred the evidence of one witness over another.

Answer 2752

A possible ground of appeal is that the judge made an error of discretion. ## Footnote However, appeals on this ground would only be successful in extreme situations.

Answer 2753

Appellants should focus on legal issues on which the judge may have erred, such as applying the wrong legal test when determining an issue in the case. ## Footnote This is more relevant than appealing based on findings of fact.

Answer 2754

Any alleged procedural irregularity relied upon as a ground of appeal must be serious. ## Footnote It does not require that the judge’s decision was wrong.

Answer 2755

Serious procedural irregularities include: * not giving the parties an opportunity to make submissions * inadequate reasons for decision * the judge was involved in previous proceedings * the decision was on a basis that was not pleaded.

Answer 2756

CPR Practice Direction 52A ## Footnote CPR stands for Civil Procedure Rules, which govern the conduct of civil litigation in England and Wales.

Answer 2757

District judge or Circuit judge ## Footnote Appeals from the County Court are usually decided by a District judge or a Circuit judge.

Answer 2758

High Court judge ## Footnote Appeals from the Circuit Court are typically heard by a High Court judge.

Answer 2759

They can decide appeals to a High Court judge ## Footnote Masters, registrars, or district judges in the High Court can hear appeals that go to a High Court judge.

Answer 2760

High Court judge ## Footnote The Court of Appeal hears appeals from High Court judges.

Answer 2761

Insolvency proceedings, Companies Act 2006 claims, intellectual property matters, family proceedings ## Footnote Exceptions to the general rules apply in these specific types of cases.

Answer 2762

True ## Footnote Appeals can leapfrog to the Supreme Court in very limited circumstances, such as matters of public importance.

Answer 2763

Court of Appeal ## Footnote High Court appeals typically proceed to the Court of Appeal.

Answer 2764

An appellant’s notice ## Footnote This form is necessary to initiate the appeal process.

Answer 2765

A fee ## Footnote The fee is required to process the appeal.

Answer 2766

No ## Footnote A party must first request permission to appeal.

Answer 2767

By either: * An oral application to the lower court * A paper application to the appeal court ## Footnote This is outlined in CPR r 52.3(2)(a) and (b).

Answer 2768

An application can still be made to the appeal court ## Footnote This is stated in CPR r 52.3(3).

Answer 2769

It provides an additional opportunity to obtain permission ## Footnote Especially if the decision raises issues with potentially conflicting authorities.

Answer 2770

No ## Footnote It only means the criteria for permission to appeal may have been met.

Answer 2771

A longer period for the notice to be filed ## Footnote This is referenced in CPR r 52.12(2)(a).

Answer 2772

21 days ## Footnote This is the standard time frame for filing an appeal.

Answer 2773

7 days ## Footnote This is stipulated in CPR r 52.12(2) and (3).

Answer 2774

No ## Footnote A stay may be requested in the appellant’s notice.

Answer 2775

If enforcement of the order would make the appeal redundant or damage the appellant’s position irreparably ## Footnote This is outlined in CPR r 52.16.

Answer 2776

Considered on paper without the need for an oral hearing ## Footnote Refer to CPR r 52.4(1) for details.

Answer 2777

If it cannot be fairly determined on paper ## Footnote See CPR r 52.5(2) for more information.

Answer 2778

7 days ## Footnote Refer to CPR r 52.4(2) and (6) for specifics.

Answer 2779

When the court considers it as such ## Footnote See CPR r 52.4(3) for context.

Answer 2780

Granted at the court’s discretion ## Footnote The test for permission is outlined in CPR r 52.6(1).

Answer 2781

Either: * the appeal would have a real prospect of success * there is some other compelling reason for the appeal to be heard ## Footnote Compelling reasons may include important points of law that should be clarified.

Answer 2782

False ## Footnote Most applications are considered on paper.

Answer 2783

[discretion]

Answer 2784

An important point of law that should be clarified by a higher court ## Footnote This is part of the criteria listed in CPR r 52.6(1).

Answer 2785

• Three copies of the appellant’s notice • A copy of the sealed order under appeal • A copy of any order of the lower court granting or refusing permission to appeal, with reasons • Grounds of appeal • Any application to be made in the appeal • In the Court of Appeal: the appellant’s skeleton argument and the approved transcript of the lower court judgment ## Footnote The grounds of appeal should clearly and concisely explain why the lower court's order was wrong or unjust due to serious procedural irregularity.

Answer 2786

To set out clearly and concisely why the order of the lower court was wrong or unjust because of serious procedural irregularity ## Footnote The grounds of appeal are crucial for justifying the appeal and the appellant's position.

Answer 2787

• Concise • Define and confine areas of controversy • Set out in numbered paragraphs • Cross-referenced to relevant documents • Self-contained • Not include extensive quotations • Identify documents relied on ## Footnote The skeleton argument is a key document that informs the court of the appellant’s arguments.

Answer 2788

[core bundle] ## Footnote The core bundle contains essential materials needed for the application process.

Answer 2789

A brief statement of case ## Footnote It outlines the basis on which the appellant believes the appeal should be successful.

Answer 2790

False ## Footnote The skeleton argument must be self-contained and not rely on prior documents.

Answer 2791

Any application to be made in the appeal must include supporting evidence ## Footnote This could include applications for a stay of the order under appeal or for an extension of time.

Answer 2792

Within 14 days of filing the appeal notice ## Footnote This timeframe is crucial for ensuring the application for permission to appeal is processed in a timely manner.

Answer 2793

A paginated and indexed appeal bundle ## Footnote The appeal bundle is a critical document that organizes all necessary materials for the appeal process.

Answer 2794

* the appellant’s notice * any respondent’s notice * skeleton arguments * the order under appeal * the order of the lower court granting or refusing permission, with a copy of the judge’s reasons * any order allocating the case to a track * a transcript of the judgment of the lower court or other record of reasons ## Footnote These components are crucial for the court to review the appeal correctly.

Answer 2795

* statements of case * application notice * other orders in the case * a chronology of relevant events * witness statements in support of any application made in the appellant’s notice * other witness statements * any other documents which any party considers would assist the appeal court ## Footnote These additional documents help provide context and support for the appeal.

Answer 2796

35 days ## Footnote Timely filing is critical in the appeal process to ensure that the court has all necessary information.

Answer 2797

* at the same time as it is filed (if permission to appeal has already been granted by the lower court) * within 14 days of notification of permission to appeal or that the application for permission will be heard at the same time as the appeal ## Footnote Serving the appeal bundle promptly is essential for maintaining fairness in the appeal process.

Answer 2798

No later than 42 days before the appeal hearing ## Footnote This timeline ensures that all parties have adequate time to prepare for the hearing.

Answer 2799

A detailed letter of instruction concerning the format, content, and timing of bundles ## Footnote This applies to all appeals, including those in the county court or High Court.

Answer 2800

* CPR Practice Direction 52B (appeals in the county court and High Court) * CPR Practice Direction 52C (appeals to the Court of Appeal) ## Footnote These directions provide guidance on the appeals process.

Answer 2801

No, it does not prevent an application to the appeal court ## Footnote Refer to CPR r 52.3(3) for more details.

Answer 2802

The respondent ## Footnote The process is primarily between the appellant and the court.

Answer 2803

File a respondent’s notice within 14 days of service ## Footnote This is required if the respondent wishes to ask the appeal court to uphold the lower court's decision for additional reasons.

Answer 2804

* The appellant’s notice (if permission to appeal has been granted) * Notification that the appeal court has given permission to appeal * Notification that the application for permission to appeal and the appeal itself will be heard together ## Footnote These notifications trigger the timeline for the respondent's notice.

Answer 2805

Within 7 days ## Footnote This applies after filing the notice.

Answer 2806

A skeleton argument, to be filed and served within 14 days ## Footnote This is required to provide additional context and arguments.

Answer 2807

The appeal court may: * affirm, set aside or vary any order or judgment by the lower court * refer any claim or issue for determination by the lower court * order a new trial or hearing * make orders for the payment of interest * make a costs order ## Footnote These decisions allow the appeal court flexibility in handling appeals and ensuring justice is served.

Answer 2808

Costs of appeals are dealt with in the usual way. ## Footnote This implies that standard protocols for costs apply, but the appeal court has discretion.

Answer 2809

The appeal court has discretion over the costs of the appeal and the proceedings in the lower court. ## Footnote This discretion allows the court to assess costs based on the specifics of each case.

Answer 2810

Parties can make CPR Pt 36 offers specifically in respect of the appeal. ## Footnote These offers are part of the Civil Procedure Rules regarding settlement proposals.

Answer 2811

Only the appellant and the court are intended to be substantive participants. ## Footnote The respondent typically does not participate meaningfully at this stage.

Answer 2812

A respondent may be awarded costs if: * the court has ordered or requested their attendance * the court has ordered that the application be listed with other applications or the substantive appeal * the court considers it just, in all circumstances, to award costs to the respondent ## Footnote This ensures fairness in cases where the respondent's presence is deemed necessary.

Answer 2813

False ## Footnote The appeal court has multiple options, including setting aside or varying orders.

Answer 2814

new trial ## Footnote This is one of the potential decisions the appeal court can make.

Answer 2815

A second appeal is when a party wishes to appeal to a higher court after an appeal has already been heard.

Answer 2816

The Court of Appeal

Answer 2817

The second appeal will go on to the Supreme Court.

Answer 2818

Permission ## Footnote Permission is a prerequisite for initiating a first appeal.

Answer 2819

It is the final determination ## Footnote The first appeal typically concludes the matter unless specific criteria for a second appeal are met.

Answer 2820

Permission from the Court of Appeal ## Footnote This is specified under CPR r 52.7.

Answer 2821

If it considers that: * The appeal has a real prospect of success * It raises an important point of principle or practice * There is another compelling reason ## Footnote These criteria are applied restrictively.

Answer 2822

Cases that raise new points of principle without binding authority ## Footnote The restrictive test is primarily applied to cases introducing novel legal principles.

Answer 2823

Permission from the Court of Appeal ## Footnote This must be done within 28 days of the decision.

Answer 2824

Permission can be sought from the Supreme Court ## Footnote This provides a secondary avenue for seeking an appeal.

Answer 2825

No ## Footnote The Supreme Court operates under its own set of rules and practice directions, specifically The Supreme Court Rules 2009.

Answer 2826

Take steps to enforce the judgment ## Footnote Courts will not enforce a judgment on their own volition.

Answer 2827

8% per annum ## Footnote This interest accrues from the date judgment is given.

Answer 2828

Carry out an up-to-date investigation into the judgment debtor’s means ## Footnote This includes their accounts, income, assets, and other debts.

Answer 2829

* Companies House * Register of Judgments * Insolvency Register * Registry of Bankruptcy Petitions * Attachment of Earnings Index * Land Charges Registry ## Footnote Investigations can also be conducted through private investigators.

Answer 2830

They may take unlawful steps, such as bribing officials ## Footnote Clear written terms should be established to avoid liability under the Bribery Act 2010.

Answer 2831

An order to require the judgment debtor to attend court and provide information on oath ## Footnote This is specified under CPR r 71.2.

Answer 2832

An officer of that entity ## Footnote They can be required to give the necessary information and produce documents.

Answer 2833

* Dependants * Employment status * Income * Property * Savings * Investments * Other debts * Outgoings ## Footnote Similar questions apply to a company's business, assets, and liabilities.

Answer 2834

The judgment creditor ## Footnote The judgment creditor will conduct all the questioning in this scenario.

Answer 2835

It must include: * Name and address of the judgment debtor * Identification of the judgment or order being enforced * Amount presently owed * If a company, name and address of the officer against whom the order is sought and their position * Reasons if questioning is to be before a judge * List of documents to be brought to court ## Footnote The application can be made without notice and may be dealt with without a hearing.

Answer 2836

Not less than 14 days before the hearing ## Footnote This is according to CPR r 71.3.

Answer 2837

7 days after service ## Footnote This is specified in CPR r 71.4.

Answer 2838

It is considered a contempt of court ## Footnote They may face a fine or an order for committal.

Answer 2839

You may be asked to identify the correct process for an oral examination ## Footnote Understanding the specific requirements and procedures is essential.

Answer 2840

[amount presently]

Answer 2841

Name and address of the officer against whom the order is sought and their position in the company ## Footnote This is necessary to identify the responsible party.

Answer 2842

Contempt of court leading to a fine or committal ## Footnote Compliance is mandatory to uphold court orders.

Answer 2843

Several methods can be used in parallel

Answer 2844

The nature of the judgment debtor and the assets they have

Answer 2845

As soon as the deadline for payment under the judgment order has passed

Answer 2846

At least 14 days

Answer 2847

No limitation period for enforcement steps; however, new actions are subject to a 6-year limitation period

Answer 2848

Limitation Act 1980 s 24(1)

Answer 2849

Seize and sell the judgment debtor's goods at auction

Answer 2850

Basic domestic items and tools of the trade

Answer 2851

They are protected from seizure

Answer 2852

Apply to the High Court for permission to issue a writ of control

Answer 2853

Apply to either the High Court or the county court

Answer 2854

Apply to the county court for a warrant of control

Answer 2855

CPR rr 83–85, Tribunals, Courts and Enforcement Act 2007 Sch 12, Taking Control of Goods Regulations 2013, Taking Control of Goods (Fees) Regulations 2014 ## Footnote These references outline the legal framework for enforcement actions.

Answer 2856

CPR Pt 23 ## Footnote This part outlines the general rules for making applications to the court.

Answer 2857

Evidence demonstrating that the debtor’s goods will likely be moved or disposed of ## Footnote This evidence is crucial to justify the need for urgent enforcement.

Answer 2858

One year ## Footnote This is specified in CPR r 83.2(7A)(b).

Answer 2859

Sunday, Good Friday, Christmas Day ## Footnote This is outlined in CPR r 83.6(3).

Answer 2860

Formal notice of enforcement, giving 7 clear days to pay ## Footnote This notice is required to inform the debtor of impending enforcement.

Answer 2861

* Certified Bailiffs for the Crown Court * High Court Enforcement Officers * Anyone with a court-issued certificate ## Footnote These agents are authorized to carry out enforcement actions.

Answer 2862

Pay the debt or enter into an agreement for future payment ## Footnote This provides the debtor with an opportunity to settle the debt before enforcement actions escalate.

Answer 2863

Use reasonable force (except to a domestic property) if certain conditions are met ## Footnote These conditions are specified in Tribunals, Courts and Enforcement Act 2007 Sch 12 paras 18, 19 or 20.

Answer 2864

A court order directing a third party to pay money owed to the judgment debtor directly to the judgment creditor. ## Footnote This is governed by CPR Pt 72.

Answer 2865

The payment discharges the liability of the third party to the judgment debtor. ## Footnote The money goes directly to the judgment creditor.

Answer 2866

1. Interim order 2. Final order

Answer 2867

The judgment creditor applies to the court without notice using Form N349. ## Footnote The judge deals with the application without a hearing.

Answer 2868

The debt is attached to the judgment creditor’s demand, and the third party cannot pay the debt away without risk. ## Footnote This prevents the third party from paying the judgment debtor.

Answer 2869

The order effectively freezes the account, preventing withdrawals. ## Footnote The bank cannot allow the debtor to withdraw funds.

Answer 2870

At least 28 days later.

Answer 2871

Copies of the interim order and application notice must be served on the third party and judgment debtor. ## Footnote Third party at least 21 days before the hearing; judgment debtor at least 7 days after the third party.

Answer 2872

No less than 3 days before the hearing.

Answer 2873

The objecting party.

Answer 2874

A charging order places a charge over a judgment debtor’s interest in property

Answer 2875

It seeks to prevent a sale of the property without a payment of the judgment debt from the proceeds

Answer 2876

No, it does not produce any money until the asset is sold

Answer 2877

An order of sale is a separate application from a charging order

Answer 2878

The court might be reluctant to place a charging order for a modest sum if other enforcement options are available

Answer 2879

A two-stage process of interim and final orders

Answer 2880

It means the individual judgment debtor’s salary may have deductions made by their employer

Answer 2881

Only in the county court

Answer 2882

Over £750

Answer 2883

£5,000 or more

Answer 2884

They are unsecured creditors and rank very low in the statutory order of priority

Answer 2885

They have the right to bring proceedings to seek to recover sums that the judgment debtor may have paid away

Answer 2886

What assets the debtor has

Answer 2887

[property]

Answer 2888

Writ/warrant of control ## Footnote A legal order allowing enforcement agents to take control of goods.

Answer 2889

Third-party debt order ## Footnote A court order that allows the creditor to claim money owed to the debtor by another party.

Answer 2890

Charging order ## Footnote A legal charge placed on a property to secure payment of a debt.

Answer 2891

Attachment of earnings order ## Footnote A court order that directs an employer to deduct money from an employee's salary to pay a debt.

Answer 2892

Land/property/shares ## Footnote These assets can be charged to secure a debt but cannot be liquidated until sold.

Answer 2893

Moveable assets ## Footnote Assets that can be physically moved, such as vehicles or goods.

Answer 2894

Third-party debts ## Footnote Includes credit balances of any bank accounts.

Answer 2895

A certificate containing details of the judgment ## Footnote A certificate will not be issued until the time to appeal the judgment has expired.

Answer 2896

Apply to the foreign court to register the judgment and fulfill other requirements for enforceability ## Footnote Requirements will vary depending on the jurisdiction.

Answer 2897

It has the same force and effect as if it were a local judgment.

Answer 2898

Local law advice.

Answer 2899

False ## Footnote Recognition means being acknowledged as valid in another jurisdiction, while enforcement involves taking steps to ensure compliance.

Answer 2900

Apply for a certificate of judgment from the court where the judgment was given.

Answer 2901

6 months ## Footnote This is from the date of issue of the certificate.

Answer 2902

Civil Jurisdiction and Judgments Act 1982.

Answer 2903

The jurisdiction in which the judgment creditor wishes to enforce.

Answer 2904

They are no longer enforceable under the European regime for judgments. ## Footnote This change applies to proceedings commenced after 11pm on 31 December 2020.

Answer 2905

A convention that recognizes and enforces judgments on civil and commercial matters when there is an exclusive jurisdiction agreement. ## Footnote Opened for signature on 30 June 2005 and entered into force on 1 October 2015.

Answer 2906

* Consumer matters * Employment matters ## Footnote These exclusions mean that judgments in these areas may not be enforced under the Convention.

Answer 2907

* The agreement was null and void under the law of the chosen court * A party lacked the capacity to conclude the agreement under the law of the requested country * The original proceedings were not notified to the defendant in sufficient time * The judgment was obtained by fraud * It would be incompatible with the public policy of the requested country * It is inconsistent with another judgment between the same parties or an earlier judgment in another country. ## Footnote These conditions ensure that the enforcement aligns with legal standards and fairness.

Answer 2908

The country from which the judgment originated

Answer 2909

Application without notice in the High Court under CPR Pt 23 for registration of the foreign judgment

Answer 2910

An authenticated copy, a translation, and a witness statement in support of the application ## Footnote Refer to CPR r 74.4 for specific requirements.

Answer 2911

Either 12 months or 6 years, depending on the originating country

Answer 2912

Common law will apply

Answer 2913

Only final and conclusive judgments for a sum of money

Answer 2914

It is recognized as a debt obligation that can be enforced in new proceedings

Answer 2915

Summary judgment

Answer 2916

An appeal is limited to a review of the lower court’s decision

Answer 2917

No, they are rarely permitted

Answer 2918

Yes, but those appeals are rarely successful

Answer 2919

An appeal will be allowed if the lower court’s decision was either: * wrong (usually on a matter of law) * unjust due to a serious procedural irregularity

Answer 2920

lower court’s decision

Answer 2921

Case management decisions

Answer 2922

Serious procedural irregularity

Answer 2923

Rarely successful

Answer 2924

Within 21 days of the decision being appealed ## Footnote The notice must also be served on the respondent within 7 days of being filed.

Answer 2925

No, parties require permission to appeal ## Footnote Permission can be sought orally at the lower court or through a paper application.

Answer 2926

* The appeal would have a real prospect of success * There is some other compelling reason for the appeal to be heard

Answer 2927

The judgment creditor ## Footnote Courts will not automatically enforce a judgment debt.

Answer 2928

An order requiring the judgment debtor to attend court and provide information on oath ## Footnote This includes information about their means or any other matter needed to enforce the order.

Answer 2929

What assets the debtor has

Answer 2930

A Circuit judge or a High Court judge

Answer 2931

They can also hear appeals to a High Court judge

Answer 2932

Court of Appeal

Answer 2933

Writ/warrant of control ## Footnote This method allows for the control and sale of moveable assets to satisfy a judgment.

Answer 2934

Third-party debt order ## Footnote This applies to money owed by others to the debtor, such as bank account balances.

Answer 2935

Charging order ## Footnote This method allows a judgment creditor to secure a claim against the property but does not provide immediate funds until the property is sold.

Answer 2936

Attachment of earnings order ## Footnote This allows for a portion of the debtor's salary to be deducted to satisfy the judgment.

Answer 2937

Apply for a certificate from the English and Welsh court ## Footnote The certificate contains details of the judgment and is issued only after the appeal period has expired.

Answer 2938

The jurisdiction in which it is sought ## Footnote Different jurisdictions may have varying requirements for enforcement.

Answer 2939

Recognition and enforcement of judgments from contracting states ## Footnote This applies to civil and commercial matters based on exclusive jurisdiction agreements.

Answer 2940

Mainly Commonwealth countries ## Footnote These agreements allow for mutual enforcement of judgments between the UK and other Commonwealth nations.

Disputes Flashcards

(3085 cards)