Dispute Resolution

Question 1

Types of Dispute Resolution (3)

Answer 1

1. Mediation
2. Negotiation
3. Arbitration

Question 2

Arbitration Key Features (2)

Answer 2

1. Parties choose a neutral third party to decide the matter
2. Party can request the court to not progress the claim

Question 3

Limitation period for breach of contract

Answer 3

6 years

Question 4

Limitation period for tort claims

Answer 4

3 years

Question 5

Limitation period for other tort claims

Answer 5

6 years

Question 6

Limitation period for defamation claims

Answer 6

1 year

Question 7

Limitation period for claims for unfair dismissal

Answer 7

3 months

Question 8

When does the time start for tort claims

Answer 8

Date when tortious act occurs

Question 9

When does the time start for contract claims

Answer 9

Date when breach occurs

Question 10

Limitation and construction claims

Answer 10

1. 3 years from the date the claimant knew or ought to have known
2. No claim brought more than 15 years from the date

Question 11

Special Cases for Limitation Period (4)

Answer 11

1. Minor (Begins on the minor’s 18th birthday)
2. Mental Capacity (Begins from certification of sound mind)
3. Fraud or Concealment (When discovered or should have discovered)
4. Mistake (When discovered or should have discovered)

Question 12

Claim in High Court if (4)

Answer 12

1. 100k or more / 50k or more in personal injury
2. Value of claim/amount in dispute
3. Complexity of facts, issues, remedies or procedures
4. Importance of outcome

Question 13

High Court Divisions (3)

Answer 13

1. Family Division
2. Queen’s Bench Division
3. Chancery Division

Question 14

Part 8 Claim

Answer 14

Reserved for situations where parties not dispute the facts but must bring it before the court

Question 15

Time limits to serve claim form (2)

Answer 15

1. England and Wales - 4 Months
2. Outside of England and Wales - 6 Months

Question 16

Time limits for service of Particulars (2)

Answer 16

1. 14 days off the claim form
2. Within 4 months

Question 17

Time limits for filing a defence (3)

Answer 17

1. Within 14 days
2. File an acknowledgement instead extending to 28 days
3. If complex, can ask for 28 more days

Question 18

Claim for interest amounts (3)

Answer 18

1. 8% per annum in non-commercial
2. 1% above BoE base rate in commerical
3. Court rate in Tort claims

Question 19

Small Claims Track

Answer 19

Cases not exceeding £10000 or £1000 for personal injury

Question 20

Fast Track

Answer 20

Claims exceeding £10000 but not exceeding £25000

Question 21

Time limits for Fast Track

Answer 21

1. Trial takes place within 30 weeks
2. Disclosure of required info in 4 weeks
3. Witness statements in 10 weeks
4. Reports exchange in 14 weeks
5. Pre-trial checklist in 20 weeks, submitted in 22 weeks

Question 22

Multi-track Claims

Answer 22

Claims exceeding £25,000, County or High Court if more than £100,000

Question 23

Time limit for Directions Questionnaire

Answer 23

28 days

Question 24

Time limits for Small Claims Track

Answer 24

14 days before hearing for documents

Question 25

Time limit for notice for interim application

Answer 25

As soon as practicable and 3 clear days before hearing at least

Question 26

Time limits for written evidence in summary judgment (3)

Answer 26

1. Served 14 days before limit 2. Respondent at least 7 days before hearing 3. Reply no later than 3 days before hearing

Question 27

Time limits for application for interim payment (3)

Answer 27

1. Submission not later than 14 days 2. Response 7 days 3. Reply 3 days

Question 28

Injunction Procedure Time limits

Answer 28

48-72 hours before proceeding start

Question 29

Permitting Inspection

Answer 29

Within 7 days of notice

Question 30

Serving witness summons

Answer 30

7 days before trial

Question 31

Amount of money for wtiness

Answer 31

£67 if period exceeds 4 hours

Question 32

Number of bundles to prepare

Answer 32

6 bundles by the claimant

Question 33

Appeal notice time

Answer 33

21 days after judgment is handed

Question 34

If appeal not granted

Answer 34

1. Request oral hearing within 7 days 2. Party has 21 days to make a written application

Question 35

Summary Assessment Hearing (2)

Answer 35

1. 24-48 hours before the hearing 2. Payable in 14 days + interest

Question 36

Detailed Assessment Hearing (2)

Answer 36

1. Detailed bill of costs - 3 months after the order 2. Challenge the amount within 21 days

Question 37

Part 36 offer acceptance period

Answer 37

At least 21 days

Question 38

Additional damages for rejecting part 36 offer

Answer 38

1. 10% on first 500k 2. 5% on above 500k