Pre-action

Question 1

Adverse costs for refusing to engage in ADR

Answer 1

Court may impose sanctions if unreasonably refuse to engage in ADR.

Sanctions: adverse costs order, stay proceedings, interest (deprive or higher rate)

Considerations:
- OO
- Liklihood of succcess
- Costs of ADR
- Nature of dispute

Question 2

Extending limitation period for PI or dependants

Answer 2

May extend if it would be equitable to do so

Question 3

Limitation period rule

Answer 3

C must issue claim form within limitation period (otherwise D has a full defence and claim will fail)

Question 4

Limitation period for contract, tort and enforcing court judgment

Answer 4

6 years

Question 5

Limitaiton period for negligence and latent damages

Answer 5

Later of:
- 6 years of act; or
- 3 years from date of knowledge (1. serious 2. D caused 3. D’s identity)

NO later than 15 years of act

Question 6

LP for contribution

Answer 6

2 years from date D found liable / settled

Question 7

LP for PI or FAA

Answer 7

3 years from date of incident / death or date of knowledge
1. serious
2. D’s identity
3. D caused loss

Question 8

LP for minor

Answer 8

18th birthday

Question 9

Overriding objective

Answer 9

Cases should be dealt with justly and at proportionate cost
- proportionate to: sums involvved, complexity, public importance, fnancial positions
- expediitiously and fairly
- complaince with PDs, orders and rules

Question 10

Pre-action steps

Answer 10

Before issuing claim C should follow protocols
1. Letter of claim
2. letter of response
3. Attempt ADR
4. Narrow issues in dipute

Aim is to give sufficient information os each side understands the other’s position.

MUST follow unless exceptional circs. If not, then sanctions: cost, interest, stay

Question 11

How to refer to minor, deceased, partnership and sole tradeer

Answer 11

Miss NAME (a child, suing by FULL NAME (relationship, litigation friend)

Estate of X / PRs names

Partnership name at time of breach

FULL NAME (trading as XX)

Question 12

Litigation friend
- What
- Who can act
- How to appoint

Answer 12

Minor must have a LF. Until has an LF D cannot do anythig apart from serve CF.

Anyone who does nto have an adverse interest and woudl act in child’s best interests

File a certificate of suitability

Question 14

Which country’s laws apply
- contract
- tort

Answer 14

If clause= clause
otherwise
Contract= supplier’s habitual residence
Tort = country fo damage unless both reside in saem country then that country

UNLESS claim is manifestly more connected with another country