Civil Disp

Question 1

consequence for not complying with CPR

Answer 1

cost sanctions / strike out of the claim

Question 2

what is a letter before claim

Answer 2

genuine attempt to settle

Question 3

can you make a P36 offer during pre-action?

Answer 3

yes

Question 4

when does an action have to commence in the county court?

Answer 4

if it is less than £100 000 / or £50 000 for medical negligence cases

Question 5

when can an action begin in the high court?

Answer 5

the value of the claim is > £100 000 / £50 000 MN / complex facts or points of law / outcome important to the public / the claimant believes that the HC is more suitable

Question 6

limitation period for contract claims?

Answer 6

6 years from the date of breach

Question 7

limitation period for contract claims under a deed?

Answer 7

12 years from accrual of the cause of action

Question 8

time limit for tort claims?

Answer 8

6 years from loss/damage; three years from knowledge of latent damage with 15 year long stop

Question 9

what should always be done before accepting to represent a client?

Answer 9

ensure that the firm is not conflicted

Question 10

what is the time limit for the dispatch of N1 after it is issued by the court?

Answer 10

four months from issue, only the relevant step, not deemed service

Question 11

what are the acceptable methods of service

Answer 11

personally. first class post. delivery at relevant address. fax (if they indicate). electronically (if they indicate)

Question 12

who to serve the claim form to?

Answer 12

the solicitor - if authorised by the client / the defendant

Question 13

who typically serves the claim form?

Answer 13

The court, unless the claimant serves - a certificate of service must then be filed within 21 days of service of the PoC

Question 14

what to serve to the defendant

Answer 14

claim form, PoC, response pack N9

Question 15

is permission required to add, remove, or substitute a party to a claim?

Answer 15

yes permission from the court is required when the CF is deemed served + permission is required from original claimants + the court when adding a new claimant

Question 16

if within the limitation period, when will the court grant permission to remove, sub add?

Answer 16

(2) The court may order a person to be added as a new party if –

(a) it is desirable to add the new party so that the court can resolve all the matters in dispute in the proceedings; or

(b) there is an issue involving the new party and an existing party which is connected to the matters in dispute in the proceedings, and it is desirable to add the new party so that the court can resolve that issue.

Question 17

if outside of the limitation period, when will the court grant consent to add sub rem a party?

Answer 17

• the relevant limitation period was current when the proceedings were started
• the addition or substitution is necessary.
• The addition or substitution will be necessary if the court is satisfied that
  • mistake as to the name of the previous party
  -The claim cannot properly be carried on without the change
  • Death or bankruptcy and the liability has passed on to a new party

Question 18

what are the grounds to set aside a default judgement?

Answer 18

mandatory grounds - the court must set aside the JID if

• acknowledgment of service filed ini time
• defendant filed a defence in time
• the defendant was not entitled to have default judgment entered against them

discretionary grounds - the court may set aside - if one or both + the application is filed promptly

• real prospect of successfully defending the claim - it needs to be more than simply an arguable case (yet not a full trial / examination)
• some other good reason to set aside the judgment or allow the defendant to defend the claim

(CF never reached the D // D incapacitated // unable to respond // administrative error)

Question 19

what should be considered before commencing a claim?

Answer 19

is it within limitations? statutory or contractual

who is the defendant(s)

where is the defendant

in what capacity should the defendant be sued

is the defendant worth suing

what type of claim is it

case analysis - is there a real prospect of winning the claim? (pursing a hopeless claim and not exchanging information transparently - can be a breach of conduct towards the client)