DR Flashcards
(185 cards)
1
Q
What is the general claim limit for claims issued at HC?
A
£100,000
2
Q
What is the personal injury claim limit for claims issued at HC?
A
£50,000
3
Q
What is the civil standard of proof?
A
Balance of Probabilities
4
Q
What is the cap limit for DBA in personal injury cases?
A
25%
5
Q
What is the cap limit for DBA in employment tribunal cases?
A
35%
6
Q
What is the cap limit for DBA in general cases?
A
50%
7
Q
What does the standard basis of costs refer to?
A
Reasonable and Proportionate
8
Q
What percentage of costs is allowed under the standard basis?
A
Up to 60%
9
Q
What does the indemnity basis of costs refer to?
A
Reasonable
10
Q
What percentage of costs is allowed under the indemnity basis?
A
Up to 70-80%
11
Q
When must costs be paid after an order to comply?
A
Within 14 days
12
Q
What must be filed 21 days before the CMC?
A
File budgets & estimates
13
Q
What is the maximum limit to depart from costs?
A
By 20%
14
Q
What is the time frame to submit a discussion report before CMC?
A
7 Days
15
Q
Which types of ADR are binding?
A
- Arbitration
- Expert Determination
16
Q
What must the refusal to mediate be?
A
Reasonable
17
Q
What does BATNA stand for?
A
Best alternative to negotiated agreement
18
Q
What does WATNA stand for?
A
Worst alternative to negotiated agreement
19
Q
What is the arbitration claim form?
A
Form N8
20
Q
How many arbitrators are typically used in practice?
A
2 as a minimum
21
Q
What is the automatic enforcement in 150 countries known as?
A
NY Convention
22
Q
What is the time frame for personal injury claims limitation?
A
3 years
23
Q
What is the limitation period for fraud, concealment, and mistake?
A
Date of discovery or when it ought to be reasonably discovered
24
Q
What is the deadline for a defendant to acknowledge a claim?
A
Within 14 days
25
What form is used to acknowledge a claim?
Form N9
26
What is the consequence of a wrong issue?
Costs can be deducted by 20%
27
What is the time limit for additional claim forms to be served?
Within 14 days
28
What is the form to submit for all additional claims?
Form N211
29
What is required if a defendant admits to a claim?
Obtain a Notice of Admission
30
When must a defendant pay the remedy after a judgment?
Within 14 days
31
What is the significance of acknowledging service?
Extends the deadline to file a defense by 28 days
32
What must be filed after service of the claim?
Certificate of Service
33
What is the purpose of the Practice Direction on conduct and protocols?
To outline steps regarding letters of claim and response
34
What must a defendant do if they wish to challenge the jurisdiction of arbitration?
Acknowledge service and apply to the court
35
What is the time frame for a claimant to serve the defendant?
4 months from the date of issue
36
What is the consequence of non-compliance in the conduct protocols?
* Costs
* Interests
* Stay
37
What does the Tomlin Order relate to in ADR?
Records an agreement in writing if proceedings have started
38
What is the primary basis for costs in arbitration?
Cannot enforce a one party pays clause unless agreed after the dispute arises
39
What is required for a claimant to file a defense extension?
Agree with parties on 14 extra days or apply to court for 28 extra days
40
What is the limitation period for contribution claims?
2 years
41
What form is used for unspecified costs?
Form N9C
42
What should be included in a response to money claims?
Confirmation/refusal within 28 days
43
What is the trigger for default judgment?
Failure to respond or file on time
44
What is the general rule for default judgment applications?
By application, allocated to the next available court
45
What is the time frame for a judgment to be entered onto a public register?
6 years
46
What is the form used to acknowledge specified costs?
Form N9A
47
What is the trigger for default judgement?
Failure to respond or file on time
## Footnote
Default judgement occurs when a defendant does not respond to a claim or fails to file necessary documents by the deadline.
48
What are the general rules for default judgement?
By application, allocated to the next available court
## Footnote
Default judgement applications must be made formally and will be assigned to the next court available.
49
What is the difference between specified and unspecified money claims in default judgement?
Specified: decided immediately; Unspecified: quantum finalised separately later
## Footnote
Specified claims refer to exact amounts, while unspecified claims involve determining the amount in a later hearing.
50
Which procedures cannot use default judgement?
* Delivery of goods under CCA 1974
* Part 8 claims
* If practice direction states otherwise
* If they admitted a claim
## Footnote
Certain claims and admissions prevent the application of default judgement.
51
What must be proven to set aside a correctly entered default judgement?
A realistic prospect of a successful defence or compelling reason
## Footnote
The standard for setting aside a default judgement is higher when the judgement was correctly entered.
52
Who can set a judgement in default aside?
The court’s own order or the defendant
## Footnote
Either the court can initiate the setting aside or the defendant can request it.
53
Can a default judgement be issued against one party in a multi-party scenario?
Yes, if the claim can be dealt with separately
## Footnote
Default judgements can be issued against individual defendants if their claims can be segregated.
54
How long can parties extend a deadline stipulated by a court order?
28 days, provided it does not risk a hearing date
## Footnote
Extensions are limited to 28 days to ensure court schedules are not disrupted.
55
What is the timing requirement for with notice procedures in interim applications?
As soon as practicable, but no less than 3 clear days before the hearing
## Footnote
This ensures that the other party has adequate time to respond.
56
What is required for a without notice procedure?
Serve ex-post facto + Statement of right to give the defendant 7 days to object
## Footnote
This procedure requires informing the other party of the application after it has been made.
57
What must be explained in a without notice procedure?
Why the procedure is necessary and full and frank disclosure
## Footnote
The applicant must justify the need for urgency and disclose all relevant information.
58
What applications does the extended procedure apply to?
* Summary judgement
* Interim payments
## Footnote
The extended procedure allows for specific timelines for serving evidence and documents.
59
What is the test for summary judgement?
No realistic prospect of success
## Footnote
The applicant must demonstrate that the other party has little chance of winning the case.
60
What grounds can lead to summary judgement?
* Claimant has no real prospect of succeeding
* Defendant has no real prospect of defending
* No compelling reason for trial
## Footnote
These grounds are assessed to determine if the case should proceed to trial.
61
Who can make interim applications?
By either party
## Footnote
Both claimants and defendants can seek interim orders from the court.
62
What is the timing for interim payments applications?
Must be sent to court before filing an acknowledgment of service
## Footnote
This timing allows for immediate consideration of the claimant's needs.
63
What are the grounds for interim payments?
* Defendant admitted liability
* Claimant has judgment for damages to be assessed
* Likely to obtain substantial damages
## Footnote
These grounds help justify the need for immediate financial relief.
64
What is security for costs?
Claimant's ability to pay costs if the defendant wins
## Footnote
Security for costs is a measure to ensure the defendant can recover costs if the claimant's case fails.
65
What are the grounds for seeking security for costs?
* Claimant is out of jurisdiction
* Cannot pay costs
* Claimant obstructs judgment enforcement
## Footnote
These grounds indicate a risk of non-compliance with cost orders.
66
What are the key considerations for interim injunctions?
* Serious question to be tried
* Adequacy of damages
* Balance of convenience
* Just and convenient overall
## Footnote
These factors guide the court's discretion in granting injunctions.
67
What is the rule of thumb on timing for case management?
Unilateral: 21 days; Agreement: 7 days
## Footnote
This timing reflects the urgency of approaching trial dates.
68
Which tracks have fixed costs?
* Fast track
* Small claims track
## Footnote
Fixed costs simplify the financial aspects of lower-value claims.
69
What is the ordinary track for claims?
Small claims track
## Footnote
The ordinary track is designated for claims of lower values.
70
What is the value threshold for small claims track?
Up to £10,000
## Footnote
Claims below this amount are typically handled under the small claims track.
71
What is the maximum value for multi-track claims?
Up to millions
## Footnote
Multi-track cases can involve very high-value claims, often requiring extensive management.
72
What is the purpose of the Notice of Proposed Allocation?
Provisional allocation of cases until final notice is given
## Footnote
This notice helps organize cases and sets expectations for the next steps.
73
What is required in the questionnaire (DQ) after the defense has been filed?
Disclosure, witnesses, experts, trial timetable, costs budget
## Footnote
The questionnaire is crucial for outlining the case and preparing for the case management conference.
74
What must be included in a costs budget?
Costs budget + statement of truth
## Footnote
A costs budget ensures that all parties are aware of the expected legal expenses.
75
What happens if a party fails to comply with court directions?
Sanctions may be imposed
## Footnote
Non-compliance can result in penalties, including costs and striking out claims.
76
What does striking out a statement of case mean?
Deletion of certain materials or the entire case
## Footnote
Striking out can occur if the case is deemed inadmissible or improperly filed.
77
What is the test for relief from sanctions?
Seriousness of disruption, reasons for default, all circumstances
## Footnote
Courts consider these factors to determine if relief should be granted.
78
What is the test for disclosure?
Anything that adversely affects own or another party’s case
## Footnote
The disclosure obligation is broad and encompasses all relevant information.
79
When can copies of documents be requested?
If there is marking, obliteration, or feature
## Footnote
Requests for copies depend on the condition and relevance of the documents.
80
What is the standard disclosure procedure?
Exchanged simultaneously, includes a disclosure list
## Footnote
Standard procedure ensures both parties share relevant documents equally.
81
What is the test for specific disclosure?
Failure to disclose, earlier timing, more specific
## Footnote
Specific disclosure requests are more targeted and address previous inadequacies.
82
What does non-party disclosure require?
Necessary to dispose of fairly and save costs
## Footnote
This ensures that relevant information from outside parties can be included in the case.
83
What does pre-action disclosure test for?
Likelihood of being a party to a current or subsequent case
## Footnote
This test helps determine if pre-action disclosure is warranted.
84
What is the overriding objective in disclosure procedures?
To dispose fairly and save costs
85
What must be specified in non-party disclosure procedures?
What document is not in control or can be withheld
86
What is the test for pre-action disclosure?
Likely to be a party to current and subsequent court case
87
What are the key reasons to challenge inspection?
* No longer in their control
* Disproportionate
* Privilege
* Court discretion
88
What does 'without prejudice' mean?
The other side can see the document, but it is not available to be viewed by the court
89
What is the dominant purpose of legal advice privilege?
Receiving legal advice or information
90
What is the difference between legal advice privilege and litigation privilege?
* Legal advice privilege: lawyer-client
* Litigation privilege: lawyer to anybody and vice versa
91
What does redaction allow in the context of privileged documents?
Acts as a middle ground between refusal of inspection and full disclosure
92
What is waiver in the context of privileged documents?
The formal right to take away legal privilege and share the document
93
What must a witness statement include?
* Heading
* Endorsement
* Information & belief paragraph
94
What is an affidavit?
A sworn statement by an authorized deponent, eventually given orally
95
Which types of evidence are generally inadmissible?
* Opinion evidence
* Privileged information
* Hearsay
* Original evidence
96
What is required for hearsay to be relied upon?
Notice of Intention must be given
97
What is the starting point for expert evidence at trial?
The court restricts expert evidence to that which is reasonably required
98
How must expert reports be addressed?
To the court
99
What is the purpose of the joint expert statement?
To narrow issues down and reach an agreement on opinions
100
What must parties do within 28 days of service of the original expert report?
Send questions to experts
101
What is the role of experts in court?
Experts have a duty to the court, not to the instructing parties
102
What must be shown for a document to be redacted?
* Privileged parts
* Information that is totally irrelevant
103
What happens if a witness is unavailable to give oral evidence?
Their legal representatives must inform the other side of the reasons
104
What is the significance of a statement of truth in witness statements?
It confirms belief in the accuracy of the statement
105
What is the caveat regarding naming an expert?
Leave of court must be obtained to change the expert's name once fixed
106
What happens to the final expert report once served?
Privilege is waived, making it available for lawful inspection
107
What is the first step in the process before evidence stage?
Disclosure and inspection
108
What must be done if the parties cannot meet the deadline for exchanging witness statements?
They may agree on another 28 days unless it risks the hearing
109
What is the key tenet of expert evidence regarding independence?
Experts must be objective and unbiased
110
What is the high burden of proof for challenging an expert's testimony?
The expert stepped outside of their expertise or acted incompetently
## Footnote
This burden aims to prevent 'expert shopping' where parties seek favorable expert opinions.
111
What must happen if a lawyer successfully challenges an expert's report?
They must disclose the first report to the new expert
## Footnote
This is to maintain transparency and prevent manipulation of expert evidence.
112
Under what condition can experts give oral evidence at trial?
Only if permission is granted by the court
## Footnote
The court's decision is based on the interests of justice.
113
What is 'hot tubbing' in the context of expert evidence?
It is a method where expert evidence is given concurrently with opportunities for questions and comments from others
## Footnote
This method differs from traditional cross-examination.
114
What are some ways lawyers can deal with unfavorable expert reports?
* Attempt to settle out of court
* Put questions to the expert
* Seek help from an Expert Adviser
* Request a new expert
* Request court direction
## Footnote
These strategies aim to mitigate the impact of a negative report.
115
What is the biggest downside of a bad expert report?
The other side may still rely on the first report as it becomes fair game once served
## Footnote
This can lead to complications during trial.
116
What is the purpose of Part 36 offers?
To encourage reasonable settling
## Footnote
This mechanism aims to limit the court's discretion and provide financial incentives.
117
What must a Part 36 offer include?
* Description of the offer
* Consequences of acceptance
* Consequences of rejection
## Footnote
These elements ensure clarity and understanding for all parties involved.
118
What are four points that make an offer fall outside the scope of Part 36?
* Lacking an express provision subject to Part 36
* Made too close to trial (less than 21 days)
* The offer has been withdrawn
* The terms have been changed to be less advantageous
## Footnote
These conditions can invalidate the benefits associated with Part 36 offers.
119
Who can make a Part 36 offer?
Any party
## Footnote
This inclusivity allows for flexibility in negotiations.
120
Is Part 36 mandatory for settling disputes?
No, parties can settle using a simple contract that does not comply with Part 36
## Footnote
However, this means they forfeit the specific advantages of Part 36.
121
What happens if a Part 36 offer is accepted?
The extant proceedings will be stayed
## Footnote
This indicates the cessation of active litigation on the accepted matter.
122
How long does a defendant have to pay after accepting a Part 36 offer?
14 days
## Footnote
This period is standard unless otherwise negotiated between the parties.
123
What is the consequence for a claimant who rejects a Part 36 offer and fails to obtain a better judgment?
They must pay costs after the expiry of the Relevant Period
## Footnote
This rule is intended to penalize unreasonable rejection of reasonable offers.
124
What is the cap limit for the additional amount a defendant may have to pay if they reject a claimant's offer?
£75,000
## Footnote
This cap applies to judgments over £500,000.
125
What is required for a claimant to discontinue a claim?
Notice of Discontinuance must be served
## Footnote
This formal notice clarifies the extent of the discontinuance.
126
What are the consequences of discontinuance for the claimant?
The claimant becomes liable for all of the defendant's costs up to the point of discontinuance
## Footnote
This reflects the principle of compensating for wasted court time.
127
What formalities are needed to withdraw a Part 36 offer?
Notice of Withdrawal within 7 days of notice of acceptance
## Footnote
Specific conditions apply to prevent unfair withdrawal of offers.
128
What is a Tomlin order?
A type of consent order that includes public and confidential schedules
## Footnote
This structure allows for detailed terms while protecting sensitive information.
129
What must be included in a consent order?
It must be signed and sealed by the court
## Footnote
This formalizes the agreement and ensures enforceability.
130
What is the deadline for submitting Form N170?
14 days before the trial starts
131
What is required to be submitted 3-7 days before the trial starts?
Trial bundle
132
What is the purpose of a Reading list?
Needed for the judges' benefit!
133
Who prepares Skeleton arguments?
Counsel
134
What is the deadline for Authorities to be submitted?
By 5pm the day before the hearing
135
What is a Case summary?
A short, non-contentious summary of the issues in the case
136
What is the purpose of a Notice to Admit Facts / Documents?
To formally ask the other side to admit particular facts
137
What happens if the other side refuses to admit facts?
The judge may allow you to call evidence in trial and costs orders may be issued against the refusing party
138
What is a Brief to counsel?
Less complex briefs for more complex cases
139
What is a Witness summons?
To secure the attendance of reluctant witnesses and experts
140
What must always be provided 24 hours before the trial?
Schedule of Costs
141
Who goes first in opening speeches during a trial?
The Claimant
142
Who gives the closing speech first?
The Defendant
143
What are the two parts of a Split Trial?
* Liability
* Quantum
144
What is the Debt Respite Scheme introduced by CIGA 2020?
Temporary protection from a judgment order for 60 days for individuals
145
What is Form N316 used for?
Order to obtain information about D’s assets and means/ability to pay
146
What are the risks associated with using an enquiry agent?
Any misconduct is imputed to the Solicitor
147
What must be checked before treating an English judgment?
Ensure the judgment is final and NOT subject to appeal
148
What is the purpose of Taking Control of Goods?
To seize and sell assets
149
What is required for a Third Party Debt Order?
To require a TP to pay some or all of a debt directly to the judgment creditor
150
What is the purpose of an Attachment of Earnings Order?
To obtain deductions from a debtor’s salary to pay a debt
151
What are the grounds for a Bankruptcy petition?
Unable to pay a debt more than £5,000
152
What must always be done within 21 days in appeals?
File an appeal
153
What is the crucial rule regarding an offending judgment?
The appeal does NOT act as a stay on the offending judgment
154
What is the aim of the Hague Convention?
Certainty and control over which courts hear an issue
155
What is an Exclusive Jurisdiction Agreement (EJAG)?
Specifies that only the courts of a particular jurisdiction should deal with disputes
156
What must be established for jurisdiction to English courts under common law?
* D must be present in the jurisdiction
* Court must give permission to 'serve out'
157
How long is a Claim Form for normal service valid for?
4 months
158
What is the test for granting an appeal?
There must be a realistic prospect of success or compelling reason
159
What is the definition of an Alternative service order?
Serving by a method not generally permitted by the CPR
160
What is needed for jurisdiction to be challenged by the Defendant?
File an acknowledgment of service indicating intention to contest jurisdiction
161
What is the General Rule under Rome II regarding tort/civil matters?
Apply the law of the country in which the damage occurs
162
What is the place of business for a natural person acting in the course of business?
Place of business
163
What does a company consider as its place of central administration?
Place of central administration
164
What is the General Rule regarding damage in legal terms?
Place of Damage Rule
165
What law applies according to the General Rule?
Law of the country in which the damage occurs
166
True or False: The General Rule considers indirect consequences.
False
167
What is the Manifestly More Closely Connected Test also known as?
Escape clause
168
What is the test for the Manifestly More Closely Connected Test?
Is there a place where the contract is manifestly more closely connected to other than the place of damage?
169
When does Rome II apply to events giving rise to damage?
After 11 January 2009
170
What is a common condition among commercial parties regarding agreements?
Entering into an agreement beforehand
171
What types of damage can be considered under Rome II?
Damage to persons, property, or environmental damage
172
Under Rome I, what is the choice of the parties as per Article 3?
Express or implied ('from the circumstances')
173
What is the presumptive list of types of contracts outlined in Article 4(1)(a)-(h)?
* Sale of goods
* Provisions of services
* Contract relating to land
* Distribution contract
174
What is the fallback provision in Article 4(2) regarding characteristic performance?
Place where the person rendering characteristic performance has their habitual residence
175
What is the escape clause in Article 4(3) regarding manifestly more closely connected?
Consider all relevant factors to determine if the contract is manifestly more closely connected
176
When does Rome I apply to contracts concluded?
From 17 December 2009
177
What does Article 19(1) specify about a company’s habitual residence?
Place of central administration
178
What does Article 19(2) state regarding a branch or agency?
Governing law is the place of the local office
179
Which Act governs the application of UK law?
Civil Jurisdiction and Judgments Act 1982
180
What is the core rule of the CJJA 1982 regarding where a person domiciled in the UK should sue?
In the courts of that part where they are domiciled
181
Where is a company deemed to be domiciled under CJJA 1982?
Where its central 'seat' is
182
What is the most common location for a company's domicile?
Registered office
183
What factors allow a company to sue where it is not domiciled?
* Place where the land is situated (lex situs)
* Place of performance
* Place where the harmful event occurred
* Place of branch or agency
* Place of any multiple defendants
* Place where the original claim is pending
184
What is the lex situs rule?
The location of land or property governs the jurisdiction of a dispute
185
Can only one part of the UK be granted an EJAG?
Yes
