SQE 1 FLK 1 > Dispute Resolution > Flashcards

Dispute Resolution Flashcards

(62 cards)

Study These Flashcards
1
Q

What claims can start in the High Court?

A

Exceed £100,000
or personal injury claim that exceeds £50,000
Complexity and importance of outcome to the public is also considered

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

What are the high court divisions?

A

King’s Bench
Chancery
Family

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

Claims heard by the King’s Bench Division (6)

A

Defamation
Breach of contract
Negligence
Personal injury
Land possession
Non-payment of debts

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

Claims heard by the Chancery Division (10)

A

Equity and trusts
Professional negligence
Business disputes
Contentious probate
Bankruptcy
Land
Commercial fraud
Tax
Intellectual property
Regulatory work

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

Claims heard in the Technology and Construction Court (Kings Bench)

A

Cases exceeding £250,000
Surveyors, engineers, architects
Environmental claims
Local authority duties related to land & duties

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

Claims heard in the commercial court

A

Contracts, insurance & re-insurance
Import, export, and carriage of goods
Banking and financial services

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

Charging order (on land)

A

If judgment debtor has an interest in land -> creditor may obtain a charge on the property
Equitable mortgage -> right to apply for an order for sale
Applies even in joint ownership

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

Attachment of earnings order

A

If judgment debtor is in regular employment -> this order compels employer to make regular deductions from the debtor’s earnings and pay them into court
Available only in County Court, to individuals
Either party may apply for terms of order to be reconsidered

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

Third-party debt order

A

If judgment debtor has money in the bank -> creditor obtains this order to the bank pays the money to them instead of the debtor
May also apply in commercial cases

Cannot be obtained where bank account is in joint names

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

The only exception to using enforcement methods together

A

Party needs court permission to enforce a judgment by taking control of goods while an attachment of earnings order is in force

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
11
Q

Interest on High Court judgements

A

8% per annum running from date of judgment
- Added to the interest the court awards on the value of the claim as part of the judgment

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

Interest on County Court judgment

A

Judgment under £5,000 -> generally not payable. BUT if judgment arises from a contractual obligation and contract provides for interest that interest will be payable

Judgments over £5,000 -> 8% per annum (unless postponed)

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

When can a County Court judgment be transferred to the High Court for enforcement?

A

If it is over £600

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

Oral examination and requirements from judgment creditor

A

A judgment creditor may apply for this order to require a judgment debtor to attend a court hearing to provide information about means and assets.
Must serve court order personally
No less than 14 days before oral examination hearing
Must file an affidavit not less than 2 days before hearing

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

How long does the judgment creditor have to file an affidavit for an oral examination and what details should it provide?

A

No less than 2 days before the hearing
Details of service and how much remains unpaid

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

What order may a judge make if a judgment debtor fails to attend an oral examination?

A

A committal order

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

Taking control of goods - High Court

A

Judgment creditor files a request to execute the judgment
Court will issue a writ of control, forwarded to the High Court enforcement officer

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

Taking control of goods - County Court

A

Warrant of control
Judgment creditor certifies remaining amount, sealed, forwarded to a certified enforcement

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

What are the time limits for the procedure for taking control of goods?

A

Creditor must give debtor notice of no less than 7 days
Enforcement
Must take place within 12 months of giving notice
Agent must sell goods within 7 days

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

What is a Tomlin order and what are its two parts?

A

A consent order which confirms the parties have agreed a stay because they have reached a settlement and
A schedule confirming the amount to be paid, by whom, and what date this needs to be paid by

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

Notice to Admit Facts, when must it be served?

A

Applies where a party believes certain facts are capable of agreement and admission
Served on opponent no later than 21 days before trial
Facts admitted are deemed established (no need to be proved)

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

Notice to Admit or Produce documents (Notice to Prove), when must it be served?

A

Where a party believes a document produced by an opponent in not authentic
Must be served:
- By the last day available for witness statement exchange or
- Within 7 days of disclosure of the document (whichever is later)
Cost order may be made against party who served notice, if authenticity is proved

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

Letter of request

A

When a court in one jurisdiction asks the court in another jurisdiction to take evidence on its behalf

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

What responses are available for a party served with a hearsay notice?

A

1) Call the witness at trial, if whereabouts are known:
2) Seek to attack the witness’ credibility at trial -> biased, untrustworthy, or unreliable

Both must be acted on within 14 days of receiving hearsay notice

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
25
Under the Personal Injury Protocol, what are the foir things C's letter of claim should include?
1) Clear summary of facts 2) Details of the impact of C's injuries on daily life 3) The hospital attended, with relevant reference number and 4) An indication of financial losses, such as they are known at this stage
26
Fees and cost of claims
- Between £10,000 - £200,000 = 5% of value of claim - Exceeding £200,000 = £10,000
27
What is disregarded when valuing a claim? (4)
Interest Costs Contributory negligence Any counterclaim
28
What are Part 8 claims?
Claims that do not involve a substantial dispute of fact Should be served with Particulars of Claim and witness evidence
29
Methods of service that require consent from party or their solicitor and/or provision of details of where to send (3)
By email By fax By DX
30
Notice of discontinuance
May be filed by C at any stage in the proceedings Brings claim to a conclusion, save for the question of costs
31
What are Part 20 claims?
Counterclaims against C D's claims against third parties who might be liabel to C or D Must be served within 14 days of issue
32
What claims of personal injury arising from a road traffic accident must be issued on the fast track even if less than the £5,000 threshold? (3)
1) Road traffic accident occurred on or after 31 May 2021 2) Claim is made by a child, a protected party, or a person who was a child when the claim was first presented 3) Includes a claim for a whiplash injury Unless they will exceed one day, in which case they should be placed in intermediate track, or multitrack if more than three days
33
What claims will not be allocated to the small claims track even if within threshold?
Harassment and unlawful eviction claims
34
What is an application for an interim payment ?
An application for the court to order some payment before the court has given a final determination of the claim
35
Grounds for order of an interim payment
- D has admitted liability - C has obtained judgment but sum to be paid is not yet assessed - Court is satisfied that if action proceeded to trial, C would obtain a substantial sum or - If against 2 or more Ds, court is satisfied that if action went to trial C would obtain judgment for a substantial sum against at least one, and each D carries insurance
36
Where are all County Court claims issued?
The Civil National Business Centre (CNBC) which replaced the CCMCC
37
How long should records of customer due diligence and business relationships be kept?
For 5 years after the representation is complete
38
In a non-personal injury multi-track claim, when must each party file their disclosure report?
Not less than 14 days before the first Case Management Conference
39
What is the appropriate course of action to take when a defendant client proposes to argue that service was not valid?
File the acknowledgement of service stating that the validity of service is not accepted Lodge an application within 14 days seeking an order for re-service in a proper manner
40
In which court should the claimant’s solicitor issue a claim?
The court district closest to there the claimant lives, if that’s what the claimant wants
41
In which hearing centre should the Civil National Business Centre transfer the claim?
The hearing centre closest to the defendant if D is an individual Closest to the claimant and if D is a company
42
What is the best course of action to take when a defendant has concerns regarding the claim’s statement of value?
D should indicate in the dispute the value stated on the claim, explaing why
43
What could be the effect of a defendant not acknowledging service?
A default judgment may be entered against the defendant
44
In short, what is the role of the supervising solicitor in a search order?
To ensure that the defendant is fully aware of what is happening and of their rights
45
What is one-way cost shifting?
Legal rule that protects claimants in personal injury cases from paying D’s legal costs if they lose Except if there was dishonesty or fundamentally weak claims
46
Unless order
Gives a party a final chance to fix a procedural failure by a specific date. Failure to comply means a predetermined sanction automatically applies without needing further court action
47
How long does a party have to comply with a judgment or order for payment of money, what are the exceptions?
Within 14 days of the date of judgment unless: - The judgment specified a different compliance period - CPR provides otherwise or - Court orders a stay of execution
48
Who can make application for security of costs order?
Only a defendant
49
When may a party serve a witness summary?
If it is not possible to obtain a statement before the date for exchange Helpful where a witness is out the country or will not sign a statement
50
When is business relief available?
100% relief - A sole trader or a partnership interest - Shares in an unlisted trading company of any amount 50% relief - Shares in a quoted trading company of more than 50% of ordinary shares - Land or buildings, plant or machinery, owned by an individual and used either by a partnership of which they are a member or a company they control Note: related property is considered in determining control
51
When may a court grant summary judgment (conditions)
- D has no real prospect of successfully defending the claim And - There is no other compelling reason why the case should proceed to trial
52
What is the CPR tests for an appeal to be granted?
- the appeal has a real prospect of success Or - there is some other compelling reason why the appeal should be heard
53
What may a party who disagreed with a Single Joint Expert do?
- Apply to cross examine the expert at trial - Send a second report to the SJE for review (although it will not be adduced in evidence) And - Apply for permission to reply on another expert (rarely granted without strong justifications)
54
Where a party fails to serve hearsay notice when required, what happens to this evidence?
It is not excluded but the weight the court gives it may be reduced, especially if the opponent had no chance to challenge it
55
What is a Part 18 request?
Request for: - clarification of any matter in dispute And/or - additional information in relation to any such matter From one party to another
56
Amendment of statement of case before and after service
Before: can be amended at my time without permission After: can be amended with written consent of all parties + court permission
57
Will a court add or substitute a party when the limitation period for the claim against the new party has expired?
Yes if: - relevant limitation period was current when proceedings were started And - the addition or substitution is necessary
58
What is the overriding objective
For courts to deal with cases justly and at a proportionate cost
59
When must shareholder approval be sought to offer an employment contract to a director
When the employment contract will be for more than 2 years
60
Part 1 and part 2 of list of disclosure documents
Part 1: documents you have, will rely on, or that support/adversely affect either case Part 2: documents possessed that you object to being inspected (privileged), or no longer have but previously had control over, requiring justification for withholding them
61
When will a claimant’s damages likely be reduced by 25% for contributory negligence?
When C suffers injuries that would have been avoided completely had their own negligence not happen
62
When will a claimant’s damages likely be reduced by 15% for contributory negligence?
When C’s injuries would have been less severe (but not completely avoided) had their own negligence not happened
SQE 1 FLK 1
flashcards
Decks in class (6)
# Cards
Brainscape helps you reach your goals faster, through stronger study habits.
© 2026 Bold Learning Solutions. Terms and Conditions