Brainscape's Knowledge GenomeTM


Top Flashcards (Certified)
All Flashcards

Dispute Resolution > Interim and Statement of Case, Evidence and Disclosure > Flashcards

Interim and Statement of Case, Evidence and Disclosure Flashcards

(73 cards)

Start Studying
1
Q

The defence must respond to every allegation in a particulars of claim by either:

A
  • accepting
  • denying and stating the reasons why
  • no knowledge of the claim
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
2
Q

If the defendant alleges the limitation period is expired, then the burden of proof is transferred to who?

A

The claimant

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
3
Q

Who is the burden of proof on for contributory negligence [dispute]

A

The defendant

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
4
Q

A ‘defence’ and a ‘counterclaim’must be served in the same …

A

served in the same document

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
5
Q

what is an additional claim

A

one against a third party
pass the blame to a 3rd party

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
6
Q

what is a counterclaim

A

additional claim by defendant to claimant alleging something
must be a loss

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
7
Q

How long should a claimant wait to defend a counterclaim?

A

14 days

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
8
Q

What is the process for a Request of Further Information Part 18:

A
  • Written request served
  • Allow reasonable time for response

Other Party:
- Respond in Writing
- Serve on all parties
- File in Court
- Statement of Truths

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
9
Q

When can I amend the statement of case before expiry of limitation period:

A

Before Service: Anytime

After Service: written consent, courts permission

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
10
Q

When can I amend the statement of case after expiry of limitation period:

A

Defendant has complete defence unless

  • genuine mistake as to name
  • add/sub claim if arises out of same
  • alter capacity
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
11
Q

Service of an interim application with notice

A

3 clear days
[ dont include day of service or hearing]

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
12
Q

Orders without notice [freezing injunctions and search orders] When can respondent apply to set aside

A

7 days

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
13
Q

Interim costs when there is a clear winner

A

Named party costs
Pay within 14 days

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
14
Q

Interim costs when there is a condition

A

Costs decided a the end of proceedings

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
15
Q

When there is neither party at fault

A

Party bears own costs

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
16
Q

When do you need the defendants permission to amend the particulars of claim?

A

When the particulars have already been served

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
17
Q

Is the permission of the court required to serve a request for further information?

A

No

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
18
Q

Example of a solicitor signing the claimants statement of truth

A

The solicitor acting for the partnership may sign the statement of truth which should read, ‘The claimant believes that the facts stated in these particulars of claim are true. The claimant understands that proceedings for contempt may be brought against anyone who makes, or causes to be made, a false statement in a document verified by a statement of truth without an honest belief in its truth.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
19
Q

Example of a claimant signing he statement of truth

A

I believe that the facts stated in this [name document being verified] are true. I understand that proceedings for contempt of court may be brought against anyone who makes, or causes to be made, a false statement in a document verified by a statement of truth without an honest belief in its truth

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
20
Q

What file is the Directions Questionnaire

A

N181

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
21
Q

Who completes the Directions Questionnaire, and what is it?

A

Both parties complete it
10 part questionnaire A-J

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
22
Q

Failure to file the directions questionnaire can result in a

A

Default notice to serve within 7 days or struck out claim

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
23
Q

When calculating the value of a claim, what should be disregarded?

A

Interest
Contributory Neg
Undisputed amount

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
24
Q

Non-compliance with the directions

A

Apply for an order of compliance
or
Sanctions [unless defaulting party retains relief, then 28 day extension]

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
25
Small claims track range
0-10,000
26
Fast claims track range
10,000-25,000
27
Intermediate track range
25,000-100,000
28
Multi-Track Range
100,000 +
29
Small Claims Track - What do they hear - Procedure
- Small consumer disputes, landlord and tenant [not property], under 5k road traffic incidents - Simple directions and no experts
30
Fast Claims Track - Trial lasts how long - Typical Timetable?
- Lasts 1 day max -30 week typical timetable, Disclosure at 4 weeks, Witnesses at 10 weeks, Experts at 14 weeks - SJE
31
Intermediate Claims Track - Lasts how long - How many experts - How many parties - Witness doc pages - Expert report pages
- 3 days max - 2 experts [1 each] -3 parties max - 30 pages - 20 pages
32
Multi Track CMC:
- CMC held as it feels the need to identify issues in dispute to narrow down before trial - Submit 7 days before CMC - Legal representatives attend
33
Band 1 Intermediate
Simple claims 1 day trial
34
Band 2/3 Intermediate
1+ issue in dispute
35
Band 4 intermediate
Most complex claims Serious issue of fact or law
36
When to file the costs budget?
21 days before CMC Max
37
Failure to file the costs budget:
Consists of court fees only
38
If a party has failed to file their cost budget, what is the court likely to do , before the draconian measure of court fees?
Defendant agree to decision to amend then + application, supported by evidence, to be heard at the CMC for relief from the sanction automatically imposed by the delay in filing its costs budget.
39
What is a reason when the court will amend their costs budget
- if there has been a significant and substantial development in the litigation warrant that
40
If a party [claimant] needs to amend its cost budget, what should it do? Multi Track
Where a party wishes to revise a costs budget, the budget variation summary sheet must first be submitted to the other party for agreement. The court will then decide whether to approve, vary or disapprove the revision.
41
For standard disclosure, what do parties have to disclose?
- Documents in which they rely - Documents that adversely affect their own case - Documents that support another parties case
42
For standard disclosure, what is the duty to search?
Duty to make a reasonable and proportionate effort to search for documents.
43
Standard Disclosure on the Small Claims Track
NONE 14 days before trial file documents intend to rely on
44
Standard Disclosure on the Fast Track
Choose whether to do standard disclosure or not
45
Disclosure on the Intermediate track
Choose which disclosure to pursue - standard, specific, itemised
46
Disclosure on the Multi Track
File disclosure report and statement of truth 14days before the CMC Parties discuss disclosure proposal 7 days before CMC
47
What should be sent off if someone wishes to postpone the CMC
Apply to the court + supporting witness statement why the postponement is necessary.
48
Disclosure Form
N265
49
Process for disclosing documents
- Form N265 - Serve on other party + disclosure statement - Other party prepares list of what documents they want to see/specific disclosure if they want to see something else - Inspection within 7 days of recieving
50
When can parties withold disclosing documents
Legal Advice Privilegde [conveyancing] Litigation Priv [expert report, witness statements
51
When can the parties waive priviledge?
The client can decide this in order to advance proceedings
52
What if a party is concerned that, key documents are missing from the disclosure list?
- Order for specific disclosure form N244 - Witness statement - Request party disclose the documents and the court will take into account all circumstances.
53
What if someone wants pre-action disclosure ?
This is when a party wants disclosure before proceedings start. In order to grant this: - Court needs to be satisfied that the appellant and respondent are likely to be the parties - Documents are within standard disclosure and desirable.
54
What if there is a non party who have documents but refuse to disclose them?
The party can apply to the court if these documents are relatable to an issue in the case, support own party or adversely affect the defendants party.
55
List 1 Disclosure
Documents that the party has in their control and do not object to being seen
56
List 2 Disclosure
Documents that the party have in their control but object to being seen as they are subject to legal advice priv or litigation priv. Generically describe.
57
List 3 Disclosure
Documents that are no longer in the parties control and the parties do not object to being seen. Must state where the document has gone [lost, fire].
58
When can opinion evidence be admissable?
1. Relevant 2. Opinion based on facts personally percieved [the D was swaying, smelt like alc, unstable - through these facts personally percieved this is admissable]
59
What is hearsay evidence ?
It is a statement made outside the court to PROVE THE TRUTH OF the matter stated
60
If a statement is used to prove something was said, is this hearsay?
No
61
Burden and Standard of Proof for hearsay
On the claimant to prove the legal burden on a balance of probabilities
62
Burden and Standard of Proof for hearsay when alleging conviction/contributory negligence:
On the defendant
63
When do you need the court's permission to serve a summary judgement
If the acknowledgement of service has not been served.
64
When can an interim payment be served
When the acknlowledgement of service has been served
65
When must an application notice be served
APP = 3 3 clear days before the hearing
66
when is a conditional order rewarded
if the court thinks a defence is possible but improbable, it may impose a conditional order (e.g., requiring payment into court as security).
67
What should a without prejudice letter as to costs 'P36' be put into what list
"It should be included in Part 1 of the list of documents as it likely satisfies the test for standard disclosure and is not privileged."
68
when should a document be served without notice?
when there is a need for 'secrecy' or 'urgency'
69
How should an attendance note be set out in the disclosure list?
It should be listed in Part 2 and described as ‘correspondence, attendance notes, memoranda, instructions to counsel and counsel’s advice and similar documentation between the Claimant’s solicitor and the Claimant’. The attendance note is disclosable, but subject to legal professional, advice privilege. The document should be described generally with other similar documents, rather than identified individually.
70
If the client was successful in achieving an interim payment, can it discontinue the claim? [what does it need to be able to discontinue]
the defendants written permission and the courts permission
71
litigation priv
document created for the PURPOSE of litigation. An expert’s report commissioned after litigation was reasonably anticipated. A statement taken from a witness in preparation for trial. Internal investigation notes created once litigation was expected, even if not shared with a lawyer.
72
legal advice priv
comms between a lawyer and client
73
The allegation of loss and damage should appear before the particulars of loss and damage.
yes

Dispute Resolution (4 decks)

Brainscape helps you reach your goals faster, through stronger study habits.
© 2025 Bold Learning Solutions. Terms and Conditions