DR

Question 1

DDS of CF

Answer 1

2nd business day after completing the relevant step.

Question 2

Validity period of CF

Answer 2

12 pm 4 months later of calendar date on which it was issued

Question 3

PoC

Answer 3

Must be served within 14 days of the DDS of the CF + within the CF period of validity.

Question 4

PoC served separately via NON-instantaneous means

Answer 4

DDS: Second day after posting IF a business day; if not on the next available business day.

Question 5

Time limit for filing at court

Answer 5

7 days after service of PoC.

Question 6

Statement of case

Answer 6

Signature of person confirms they believe the document is true –> Statement of truth.
A document cannot be used as evidence unless a SoT is present –> Person signing has HONEST BELIEF the contents of the Statement are true.

Question 7

Parties agree extension for the time for filing a defence

Answer 7

The court must be notified in writing of this extension.

Question 8

C can make a request for judgment VS C can enter judgment

Answer 8

• If D admits the whole of a specified claim then the c can enter judgment against the D
• But if the D admits the whole of an unspecified claim then the C can MAKE A REQUEST for judgement.

Question 9

D can offer an sum in satisfaction

Answer 9

If the C accepts = the C has the right to enter judgement against the D for the amount offered in satisfaction.

Question 10

Simplified procedure for “money paid”

Answer 10

If the D is served w a claim for a specified amount of money + D has already paid C before receiving the claim;
- D files a defence: Debt has already been paid.
Court sends notice of that to the C asking for VERIFICATION - has 28 days to respond;
- May proceed as a defended claim ≠but if D not respond the claim is stayed.

Question 11

Defnece - Content

Answer 11

D must:
- Admit: Undisputed, Uncontroversial
- Deny: Anything D denies - must ALSO give reasons why ie. by putting forward D’s version
- Require proof: For anything the D has no direct knowledge.

Question 12

What are the circumstances for the C to enter default J?

Answer 12

1) The Claim was NOT admitted or satisfied
2) The D has made NO application for summary judgment or strike out.

Question 13

How long to pay debt after default judgment?

Answer 13

14 days - after rotate enforcement proceedings may be taken against D to secure payment of outstanding sums.

Question 14

Request for further information

Answer 14

Request should be confined to matters reasonably necessary and proportionate. to enable the requesting party to prepare own case and understand their opponent’s case.

Otherwise the resounding party foes not need to provide the further information.

Question 15

General rule as to costs

Answer 15

The unsuccessful party will pay successful party’s costs but the court has complete discretion.

Question 16

Intermediate track

Answer 16

New Track –> Extended fixed costs regime.
- max of 3 parties

Question 17

When can the C apply for summary judgement?

Answer 17

If the C is the applicant can only file after the D has filed its AoS or Defence; may only apply earlier if permission by the court has been obtained (cf. the D can apply any time after proceedings have commenced.

Question 18

Interim Payment

Answer 18

Payment on account of damages, debt or other sum that the D may be held liable to pay to he C.

Question 19

Security for Costs

Answer 19

Where A is concerned that R would not be willing/ able to pay the D’s costs if successfully defended

Question 20

Interim Injunction

Answer 20

Legal Test - Where injunction is Just and Convenient

Question 22

Disclosure report

Answer 22

Note needed for PI claims.

Question 23

When will the court make a CMO?

Answer 23

The court will make a CMO unless it is satisfied that the litigation cam be conducted justly and at a proportionate cost w/o CMO

Question 24

Disclosure - PI claim

Answer 24

NO Obligation to file + serve Disclosure Report on a PI Claim

Question 25

When does a party need to disclose a copy of a document?

Answer 25

- When it contains a modification/ feature/ marking that itself satisfies the test for standard disclosure or - The party never had or does not have the original copy.

Question 26

How is standard disclosure usually performed?

Answer 26

By making a list of the required documents and serving it on the other party. (Disclosure list; 3 categories).

Question 27

What if a document is not disclosed?

Answer 27

Then that document cannot be relied upon.

Question 28

Privilege

Answer 28

A Right/ Duty to withhold inspection.

Question 29

Procedure to inspect

Answer 29

The party wishing to inspect the disclosed documents must send WRITTEN NOTICE of its wish to do so and the other party has 7 days from receiving the notice to comply with the request.

Question 30

Specific inspection

Answer 30

Can be used to dispute refusal of inspection on the grounds of disproportionality BUT to in the grounds of alleged privilege.

Question 31

Privilege

Answer 31

Once privileged, Always privileged UNLESS something takes place causing privilege to be lost.

Question 32

Principle about Privilege

Answer 32

Privilege cannot be cherry picked.

Question 33

Litigation privilege vs Legal Advice privilege

Answer 33

Litigation privilege extends to communications with non-lawyers (vs legal advice privilege).

Question 34

Non Party D

Answer 34

Procedure; Apart from standard - Application Notice, Supporting evidence, Draft Order - required the R to specify the documents no longer under his control or those which has a right to withhold.

Question 35

Witness Statement

Answer 35

Serves as a W's Evidence in Chief

Question 36

Proving FACTS at trial vs interim application

Answer 36

Proving Facts at trial: Will always be given by way of ORAL EVIDENCE. VS Interim application proving facts: Any fact that needs to be proved will be proved by EVIDENCE IN WRITING.

Question 37

Consequences of: 1) Not Serving WS w/in time specified 2) Not Disclosing Document 3) not exchanging expert evidence

Answer 37

1) W may NOT be called to give oral evidence at trial (unless court permission). 2) These documents cannot be relied on. 3) Expert evidence cannot be used unless the court gives permission.

Question 38

Information and Belief paragraph;

Answer 38

I make this witness statement from MATTERS within my knowledge or belief save where the contrary appears. WHERE I refer to matters of which I have been told by others those matters are true to the best of my knowledge and the source of the information appears.

Question 39

Expert Evidence

Answer 39

COURT ORDER IS REQUIRED to adduced expert evidence ( i.e Rely on expert evidence in the proceedings ≠ different to merely instructing experts - no cap in that).

Question 40

Joint Statement between experts

Answer 40

May happen but NOT necessarily; Refusal to be bound may become relevant to costs; contents of the discussions are without prejudice.

Question 41

Questions to the experts

Answer 41

AIM; Clarify the report. Questions can only be put once. - Time Limit: 28 days of service of the report. Answers become part of the report. What if expert NOT answer? - Court can direct; that evidence cannot be relied on/ or that instructing party cannot recover that expert's fees.

Question 42

WITHDRAWAL/ CHANGING PART 36 OFFER

Answer 42

An offer remains open for ACCEPTANCE unless it has been withdrawn - EVEN after the relevant period has expired.

Question 43

Part 36 Offer consequences

Answer 43

Only apply if Part 36 Offer was Accepted AFTER CF was issued; ie after proceedings had commenced