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Sqe Litigation > First Try > Flashcards

First Try Flashcards

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1
Q

What is the overall objective of the Civil Procedure Rule?

A

To enable the court to deal with cases justly and at proportionate costs.

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2
Q

What must a claimant do in relation to the limitation period?

A

Commence any litigation relating to the dispute in accordance with the applicable time limit.

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3
Q

What is the purpose of the limitation period?

A

To bring finality to litigation.

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4
Q

What is the limitation period for personal injury claims?

A

3 years (Section 11(4)).

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5
Q

What is the limitation period for other tort claims?

A

6 years (Section 2).

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6
Q

What is the limitation period for contract claims?

A

6 years (Section 5).

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7
Q

What is the limitation period for recovery of land?

A

12 years (Section 15).

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8
Q

What is the limitation period for breach of trust claims?

A

6 years (Section 21(3)).

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9
Q

Why is it important to establish the relevant limitation period?

A

During the first interview, it is important to note the limitation period to ensure a claim can still be brought, and to inform client

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10
Q

When does the limitation period start?

A

From the point where all necessary elements of the cause of action are present.

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11
Q

Under what circumstances can the limitation period be extended?

A

For damages for negligence, nuisance, or breach of duty.

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12
Q

What does s.33 of the Limitation Act 1980 allow the court to do?

A

Extend the limitation period at its discretion.

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13
Q

What is the purpose of the Pre Action Protocol?

A

For parties to exchange information and attempt to resolve disputes without issuing proceedings.

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14
Q

List some types of claims to which the Pre Action Protocol applies.

A
  • Package Travel Claims
  • Construction and Engineering Claims
  • Debt Claims
  • Media and Communication Claims
  • Personal Injury Claims
  • Clinical Disputes
  • Professional Negligence
  • Judicial Review
  • Disease and Illness Claims
  • Housing Condition Claims
  • Possession Claims based on mortgage or home purchase plan arrears
  • Low Value Personal Injury Claims in Road Traffic Accident.
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15
Q

Can individuals litigate on their own behalf?

A

Yes, but they should not expect special dispensation.

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16
Q

What special rules apply to children in litigation?

A

A litigation friend must act on behalf of the child, and any settlement must be approved by the courts.

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17
Q

Define ‘Protected Parties’ in litigation.

A

Individuals who lack the mental capacity to conduct proceedings.

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18
Q

What is the role of the Court of Protection?

A

To make decisions on financial and welfare matters for those who lack mental capacity.

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19
Q

What is a separate legal personality?

A

The ability of a corporate body to sue and be sued independently.

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20
Q

What is the general rule regarding adding or substituting parties in a claim?

A

Permission of the court is not required if the proceedings have not yet been served.

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21
Q

What methods of service are permissible according to CPR r.6.3(1)?

A
  • Personal Service
  • First class post
  • Leaving it at a specified place
  • Document exchange
  • Electronic methods of service.
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22
Q

What is the significance of the Practice Direction on Pre-Action Conduct?

A

It guides parties in exchanging information and attempting to resolve disputes before litigation.

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23
Q

What is Form N9?

A

The response pack provided to the defendant for acknowledging service of the claim.

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24
Q

How long does a defendant have to respond to a claim?

A

14 days from the deemed date of service.

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25
What is an admission in the context of responding to a claim?
The defendant may choose to admit the claim in full or in part.
26
What happens if a defendant admits the whole claim?
The defendant must pay the amount of the claim within the 14-day period from service.
27
What is the first step in starting proceedings?
Completing a claim form and particulars of claim and sending it to the Court.
28
What is the consequence of not serving the Claim Form within four months?
The Claim Form expires and can no longer be served.
29
When is a Claim Form deemed served?
On the second business day after it is sent.
30
What are the guidelines for parties to provide pre-action information?
Guidelines for letter of claim, response, pre-action disclosure, and instructions for a single expert.
31
What are the potential sanctions for non-compliance with the pre-action protocol?
* Party at fault pays legal costs of the other party * Party at fault pays costs on an indemnity basis * Claimant may receive no interest on the sum for a period * Defendant may pay increased interest for a specific period.
32
What does CPR r.19.6 state regarding adding or substituting parties?
The court may add or substitute parties only if the relevant limitation period was current when the proceedings were started.
33
What is the significance of the 'address for service'?
It is where court documents should be served.
34
What should be done if a defendant has not provided an address for service?
Service should be at the individual's usual or last known residence.
35
What are the permissible methods for serving a foreign defendant?
* By contractual agreement * By serving an overseas company * By serving on a company registered in Scotland or Northern Ireland * By an alternative method.
36
What can the defendant do under CPR 14?
The defendant may choose to admit the claim in full or in part by completing the admissions form.
37
What happens if the defendant admits the whole claim?
The defendant must pay the amount of the claim within 14 days from service of the proceedings.
38
What can the defendant request in the admission form?
The defendant can request time to pay the claim and propose payment proposals, such as instalments.
39
What must the defendant provide when admitting a claim?
Detailed financial information on the admission form.
40
What occurs if the claimant agrees to the payment proposals?
The court will enter judgment for the claimant and record details of the agreed payment instalments.
41
What is required if the claimant does not agree to the defendant's proposals?
The court will decide the rate of payment.
42
What can the defendant do if they wish to admit part of the claim?
The defendant can admit part of the claim and deny the remaining part, supported by a defence.
43
What is the purpose of filing an acknowledgment of service?
To dispute the claim and gain an additional 14 days to file a defence.
44
What is the total time frame for filing a defence if an acknowledgment of service is filed?
28 days from the deemed date of service of the claim form.
45
What is a counterclaim according to CPR 20?
A counterclaim is any claim made by the defendant against the claimant.
46
When should a counterclaim be included?
It is best practice to include the counterclaim within the defence document.
47
What must the defendant do if disputing the court's jurisdiction?
File an acknowledgment of service indicating the jurisdiction is disputed and file an application to dispute jurisdiction within 14 days.
48
What happens if the defendant fails to file an acknowledgment of service or a defence?
The claimant can request the court to enter a default judgment against the defendant.
49
Under what circumstances can a judgment in default be entered?
When no acknowledgment of service or defence has been filed within the specified time frame.
50
What must the claimant provide if proceedings were served by them instead of the court?
A certificate of service (Form N215) confirming where and when the claimant served the proceedings.
51
What is required for entering default judgment?
Complete and file a standard court form (form N225).
52
What must a defendant do to set aside a default judgment?
Act promptly and satisfy conditions such as having a real prospect of successfully defending the claim.
53
What is the general rule regarding costs when a claimant discontinues a claim?
The claimant is liable for the defendant's costs unless the claim has been allocated to the small claims track.
54
What must a claim form include under CPR r.16.2?
A concise statement of the nature of the claim, the remedy sought, and a statement of value if applicable.
55
What must the particulars of claim include?
A concise statement of the facts of the case and details of any interest or damages sought.
56
What is the statement of truth as per Part 22?
A verification that the details provided in the particulars of claim are true.
57
What happens if the claimant fails to verify a statement of case?
The statement of case can be struck out by the court.
58
What is required if the claimant is seeking interest?
They must specify the basis under which interest is claimed.
59
What must the defence address according to CPR r.16.5?
Every allegation in the particulars of claim, stating which are denied, admitted, or require proof.
60
What happens if a defendant fails to deal with an allegation?
They shall be taken to admit that allegation.
61
What is the time frame for filing a defence?
14 days after service of the Particulars of Claim or 28 days if an acknowledgment of service was filed.
62
What is a Part 20 claim?
A claim that allows the defendant to submit a counterclaim.
63
What is a counterclaim in the context of CPR Part 20?
A counterclaim is a claim made by the defendant against the claimant in response to the original claim. ## Footnote It is treated in the same way as any other claim, and the claimant must respond to it by way of a defence.
64
What are the two situations where a defendant may make a counterclaim against other parties?
* Making a counterclaim against others not yet parties to the proceedings. * Claiming for contribution towards damages or indemnity against any person, whether or not that person is already a party. ## Footnote This includes seeking indemnity under a contractual arrangement or contribution from a third party for negligence or breach of contract.
65
What is required for a defendant to seek an indemnity or contribution from a co-defendant?
The defendant must file a notice stating the details of the claim and serve it on the co-defendant. ## Footnote This applies if the co-defendant is already a party in the claim.
66
What permission is needed to bring another party into the proceedings by way of a counterclaim?
Permission of the court is needed. ## Footnote This is outlined in CPR 20.5.
67
What is an Additional Claim in legal proceedings?
An Additional Claim is brought by someone already a party to the proceedings to include another party they believe may be responsible. ## Footnote This process is distinct from filing a counterclaim.
68
What must a claimant do if they dispute a counterclaim?
File a defence within 14 days of service of the counterclaim. ## Footnote Failure to respond within this period entitles the defendant to enter judgment against the claimant regarding the counterclaim.
69
What is the purpose of a request for further information under CPR Part 18?
To identify potential weaknesses in the opposing party's case. ## Footnote It can also request information about any matter connected to the dispute, even if not contained in a statement of case.
70
What must the written request for further information include?
It must state the date by which the information should be returned. ## Footnote The request should be confined to issues that are reasonably necessary and proportionate.
71
What happens if a party does not respond to a Part 18 request?
The requesting party may apply for an order via a Part 23 application. ## Footnote This may include an unless order that strikes out the statement of case if the request is not complied with.
72
What is required for amendments after service of the Particulars of Claim?
The defendant's consent is required, or permission of the court if consent is refused. ## Footnote This is governed by CPR Parts 17.1(2)(b) and 23.
73
What must always be obtained when amendments involve adding, removing, or substituting a party?
The court's permission is always required. ## Footnote This is outlined in CPR 19.4.
74
What must be done with a statement of case amended without permission?
It must be endorsed and filed at court as well as served on all parties. ## Footnote If amended, the document will need to be re-verified by a statement of truth.

Sqe Litigation (1 decks)

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