SA1 Flashcards
(15 cards)
What is the overriding objective of the CPR?
To deal with cases justly and at proportionate cost
This includes ensuring equal footing for parties, saving expense, and dealing with cases in proportion to various factors.
List the considerations included in the CPR 1.1 overriding objective.
- Ensuring that parties are on equal footing
- Saving expense
- Dealing with the case in ways proportionate to:
- The amount of money involved
- The importance of the case
- The complexity of the issues
- The financial position of each party
- Ensuring expeditious and fair resolution
- Allotting an appropriate share of court resources
- Enforcing compliance with rules, practice directions, and orders
These considerations guide how cases should be managed.
What is the court’s duty according to CPR 1.4?
The court has an active duty to further the overriding objective through active case management
This includes encouraging cooperation, identifying issues early, and deciding the order of issues to resolve.
What is the financial threshold for starting non-PI claims in the County Court?
Claims with a value up to £100,000 can only be started in the County Court
This is specified in CPR 16.3(6).
What is the financial threshold for starting PI claims in the County Court?
All claims below £50,000 must be started in the County Court
This is a specific requirement for personal injury claims.
Under what conditions can a claim be started in the High Court?
A claim should be started in the High Court if:
* the value is above £100k or £50k in PI cases
* It is of high financial value
* There is significant complexity of facts, legal issues, remedies, or procedures
* The outcome has importance to the public
These criteria help determine the appropriate court for a claim.
What is the general principle regarding court action in disputes?
Court action should be a last resort
This emphasizes the importance of alternative dispute resolution (ADR).
What did the case Halsey v Milton Keynes NHS Trust [2004] establish regarding ADR?
The court cannot compel parties to engage in ADR but may impose costs sanctions for unreasonably refusing ADR
This set a precedent for how courts view ADR participation.
NOTE: This has now been overturned by Churchill.
What was the significance of the case Churchill v Merthyr Tydfil Borough Council [2023]?
The court can order a stay of proceedings pending compliance with ADR without obstructing parties’ Article 6 ECHR rights
This case reinforced the mandatory nature of ADR in dispute resolution.
What are the two types of ADR?
- Adjudicative ADR
- Non-adjudicative ADR
Adjudicative ADR involves decisions made for you, while non-adjudicative ADR is more advisory.
Define adjudicative ADR.
Types of ADR where a decision is made for you
Examples include early expert determination and arbitration.
Define non-adjudicative ADR.
Types of ADR that are advisory and help gauge positions and encourage settlement
Examples include mediation, early neutral evaluation, and negotiation.
What is the general costs rule according to CPR 44.2?
The loser pays the successful party’s costs, but the court has discretion to depart from this
This rule is foundational in determining costs in litigation.
What factor can the court consider when deciding costs?
Efforts made by parties to resolve the dispute
This consideration can influence cost decisions significantly.
In what situation can the court depart from the general rule on costs established in Halsey?
Where it is shown a party has acted unreasonably in refusing ADR
This emphasizes the importance of engaging in ADR.
