what is the additional amount on the indemnity basis
10% of the sum awarded
what are the methods for serving a claim form
Personal service
Physically handing the claim form to the defendant.
2. First‑class post
Or another service that provides delivery on the next business day.
3. Document exchange (DX)
4. Delivering the document to the defendant’s usual or last known residence
Or to the principal/last known place of business.
5. Leaving it at a specified address for service
E.g., solicitor’s address where they have confirmed they are instructed to accept service.
6. Fax
Only if the receiving party has stated in writing that they accept service by fax.
7. Other electronic methods (email or other electronic communication)
Only if the receiving party has explicitly indicated in writing that they accept service by that method and provided the relevant details.
what is the effect of filing after the LP has passed
The claim would be statute barred, and the effect of this would be that the prospective defendant would have a technical defence to the claim.
who’s responsibility and when must they file the trial bundle
It is the Claimant’s responsibility to prepare the trial bundle and file it with the Court no more than seven but no less than three days before the trial is due to start. They must also supply identical copies to all other parties to the claim and for use by witnesses.
how should
a partnership
a sole trader
a company
LLP
deceased persons estate (w/ grant vs without grant)
partnership- if suing the partnership (i.e. if breach was done in the course of the partnership) should name it using its business name under which it traded at the relevant time, if want to do one personally
sole trader- individual, trading as X
- Company: “Rock Limited”
- Limited Liability Partnership: “Rock LLP”
- Deceased person’s estate:
- With grant: “Jane Wilson (as administratrix/executrix of John Wilson)”
- Without grant: “The personal representatives of John Wilson deceased”
describe how a party can add/ substitue/ remove a party after the claim form has been served (when can one be added once outside limitation period)
application to court required
if within the limitation period, can do if its desirable e.g. if interest has passed
if outside limitation period but LP was active when proceedings began- can only add or substitute and the OG party has died, subject tp bankruptcy proceedings, or the claim cannot eb continued without adding the new party
rules once judgement has been passed
party must comply with the judgement (including payment of costs) within 14 days of the orde,r unless a stay is granted
or specified otherwise
what does ‘without prejudice’ mean and what are the exceptions
generally means communication marked with WP cant be seen by the court
exceptions: containing evidence of perjury or other forms of impropriety
Misrepresentation, fraud, undue influence
Unambiguous impropriety
To explain delay
To prove a settlement was reached
WP save as to costs
Rectification
Estoppel
Evidence of reasonableness
deadlines for filing costs budget before CMC
must disclose any issues 24 hours before CMC
budget discussion report 7 days
if the value of the claim is over £50,000 then 21 days
- if fail to do so, file it immediately, prepare an application for relief from sanctions and be ready to argue that the breach was not serious or significant
does the court take into account contributory negligence or counterclaims when granting an interim payment
yes and ensure the amount does not exceed a reasonable proportion of the likely final judgement
what is the purpose of the pre-trial checklist
asses the parties compliance with previous court orders and readiness for trial
what happens if one of the parties fails to pay a cost like the experts fee
other party becomes liable for the whole amount and must pay the outstanding but can seek to recover the rest from the other party
what is requred for the appeal process if the parties have resolved their issues
only if there are other compelling grounds like public importance
