Dispute Resolution

This class was created by Brainscape user Sim S. Visit their profile to learn more about the creator.

Decks in this class (75)

Overview of a Civil Claim
Q what is the main difference bet...,
Q what is typically the claimant ...,
Q which of the following is not a...
20  cards
Civil Court System
Q what is the main difference bet...,
Q which of the following is not a...,
Q when must a claim be started in...
27  cards
Introduction to CPR and Overriding Objective
What do the civil procedure rules...,
Which rule contains the overridin...,
What is not a factor in achieving...
15  cards
Costs
Q why are costs a significant fac...,
Q which cpr rules govern costs in...,
Q what is the general rule on cos...
25  cards
Case Analysis and the Burden and Standard of Proof
What are the four key elements of...,
What is the burden of proof in ci...,
If a defendant argues that the cl...
10  cards
Limitation
What is the limitation period for...,
What is the limitation period for...,
What is the limitation period for...
15  cards
Parties to Proceedings
How must an individual be named o...,
How should a sole trader be named...,
How is a partnership normally sue...
15  cards
Pre-Action Conduct
A claimant follows the personal i...,
A claimant wishes to apply for a ...,
The defendant in a personal injur...
10  cards
Where and How to Issue the Claim
Sophie wants to bring a personal ...,
David is suing his former busines...,
Emma files a breach of contract c...
10  cards
Service of the Claim Form and other Documents
A claimant is suing a limited com...,
A solicitor wishes to serve a cla...,
A claim form was issued on 1st ja...
10  cards
Deemed Dates of Service
Olivia a solicitor for the claima...,
David acting for the claimant pos...,
A claimant s solicitor serves the...
10  cards
General rules in relation to Statements of Case
Sarah a claimant is filing a stat...,
James a solicitor drafts a defenc...,
A defendant is served with a stat...
10  cards
Claim Form
A claimant wants to sue a defenda...,
A claimant is unsure of the exact...,
A personal injury claimant is cla...
10  cards
Particulars of Claim
Lena is bringing a breach of cont...,
David is suing his employer for p...,
Daniel is suing his neighbour for...
13  cards
Acknowledging Service and Defending the Claim
When must a defendant file an ack...,
What happens if a defendant fails...,
If a defendant acknowledges servi...
10  cards
Admitting a Claim
When should a defendant file an a...,
What is the effect of an admissio...,
What happens if a defendant admit...
10  cards
Counting Time
When counting time under the cpr ...,
A document must be served 3 days ...,
A claim form is deemed served on ...
10  cards
Defence and Reply
What must a defence include under...,
What happens if a defendant fails...,
When must a defence be filed if t...
10  cards
Default Judgement
What is the purpose of default ju...,
When can a claimant not obtain de...,
What must the claimant show to ob...
10  cards
Counterclaims and Other Possible Statements of Case
What is the purpose of a counterc...,
What is the key difference betwee...,
When must a counterclaim be filed 2
10  cards
Introduction to multiple Causes of Action, Counterclaims and Additional Claims
What is the primary rule governin...,
When can a defendant bring a coun...,
A claimant wishes to amend their ...
10  cards
Multiple Causes of Action, Counterclaims and Additional Claims
What is an additional claim under...,
A counterclaim is typically inclu...,
When does a defendant need permis...
10  cards
Amending Statements of Case and Changing Parties
When can a party amend its statem...,
What must an amended statement of...,
What is the general rule regardin...
10  cards
Requests for Further Information
What is the primary purpose of a ...,
When can a party request further ...,
What should a party do before app...
10  cards
Interim Applications
Which of the following is the def...,
What type of interim application ...,
An application for an interim pay...
24  cards
Summary Judgement
What is the purpose of summary ju...,
What is required for the court to...,
Who may apply for summary judgmen...
16  cards
Interim Payments
What is an interim payment 1,
Which of the following is not a v...,
Who can apply for an interim paym...
12  cards
Security for Costs
What is the purpose of a security...,
Which of the following is not a p...,
Which of the following factors wo...
10  cards
Interim Injunctions
What is the key purpose of an int...,
Which of the following is not a r...,
What is the most common safeguard...
13  cards
Costs
Which of the following is the gen...,
Under which basis of assessment a...,
What percentage of costs are typi...
10  cards
Costs Procedure
What is the main difference betwe...,
What form is used for statements ...,
How long does the paying party ha...
10  cards
Interim Costs Orders
What does the costs order costs i...,
What does costs reserved mean in ...,
Which of the following is true ab...
10  cards
Case Management and Striking Out
What is the main purpose of case ...,
Which of the following best descr...,
Why is evidence usually exchanged...
15  cards
Sanctions and Relief from Sanctions
What is a sanction in civil litig...,
Which of the following is true ab...,
What happens if a party breaches ...
9  cards
Allocation to Track
Which of the following tracks is ...,
What is the maximum number of exp...,
Which of the following would gene...
11  cards
Overview of Small Claims Track and Fast Track
What is the usual track for a def...,
Which of the following is not tru...,
Mina brings a claim for 24 000 ag...
10  cards
Early Case Management on the Multi-Track
What is the purpose of a case man...,
A law firm sends a junior represe...,
What must a disclosure report inc...
9  cards
Costs Management
What is the main purpose of the c...,
What must parties provide to supp...,
Which of the following is not a f...
21  cards
Introduction to Disclosure and Inspection
What is meant by disclosure in ci...,
Under standard disclosure parties...,
What is inspection in civil proce...
12  cards
Sources and Types of Disclosure Obligation
In which track is disclosure typi...,
When must a disclosure report for...,
Which of the following is not a p...
10  cards
Standard Disclosure
Under cpr 316 standard disclosure...,
What is the meaning of control in...,
What is a document for disclosure...
10  cards
Inspection
What does inspection mean in civi...,
When can inspection of a disclose...,
What is the maximum time allowed ...
10  cards
Types of Privilege
What type of communication is pro...,
Which of the following is require...,
What principle prevents a party f...
10  cards
Specific Disclosure, Specific Inspection and Pre-Action Disclosure
What is specific disclosure 1,
When can a party apply for pre ac...,
Party a discloses documents but r...
10  cards
Non-Party Disclosure and Norwich Pharmacal Orders
When can an application for non p...,
For a norwich pharmacal order to ...,
A wants documents from a third pa...
10  cards
Introduction to Witness and Expert Evidence
What is the key feature of witnes...,
In civil proceedings when is expe...,
What type of evidence is hearsay ...
8  cards
Evidence of Fact: Witnesses and Witness Statements
What is the general rule for prov...,
Under cpr 325 what is the purpose...,
What is a witness statement 2
10  cards
Evidence of Fact: Form of Witness Statements
Which part of a witness statement...,
In civil proceedings who must sig...,
What goes in the top right corner...
12  cards
Evidence of Fact: Affidavits
What is the main difference betwe...,
What is the jurat in an affidavit 2,
In which situation must evidence ...
8  cards
Civil Evidence: Hearsay and Admissibility
What is hearsay evidence in civil...,
If a party wishes to use hearsay ...,
Which act states that hearsay is ...
10  cards
Expert Evidence
Who must receive a copy of instru...,
If two experts agree on issues af...,
If a party wants to swap experts ...
15  cards
Introduction to Part 36
What is the primary purpose of cp...,
Which of the following is not a r...,
Which rule allows courts to consi...
14  cards
Making, Varying, Withdrawing and/or Accepting Part 36 Offers
What is the minimum length of the...,
When is a part 36 offer deemed to...,
A claimant accepts a part 36 offe...
14  cards
Consequences of Unaccepted Part 36 Offers at Trial
What triggers the cost consequenc...,
Under cpr 3617 5 what is not a fa...,
What is a key penalty if a defend...
10  cards
ADR Reasons, Types and Choice
What is the main advantage of med...,
What distinguishes expert apprais...,
Which form of adr results in a bi...
12  cards
Timing and Judicial Encouragement
Which of the following is a reaso...,
Which factor is least likely to j...,
At which procedural stage must pa...
15  cards
Discontinuance
Who can discontinue a claim under...,
When does discontinuance take eff...,
What is the usual costs consequen...
12  cards
Mediation
What is the role of a mediator in...,
Which of the following is true ab...,
Two companies engage in mediation...
9  cards
Arbitration
Under the arbitration act 1996 wh...,
Parties to a commercial contract ...,
Which of the following best descr...
9  cards
Orders Following Settlement
What is the main difference betwe...,
Which of the following must be in...,
Which part of a tomlin order is e...
10  cards
Preparations for Trial
What is the main purpose of the t...,
The trial is one week away and th...,
Which of the following is not req...
12  cards
Trial
During a civil trial how should a...,
Which of the following is a permi...,
You are instructed to draft a fin...
11  cards
Introduction for Enforcement
What does cpr 702 2 allow a judgm...,
Under cpr 71 what happens if a de...,
Which method of enforcement is on...
12  cards
Investigating the Debtor's Means
Which of the following tools allo...,
Where can you find a list of peop...,
Which register would you consult ...
10  cards
Methods of Enforcement
Which method allows goods to be s...,
What court must enforce a money j...,
What does a charging order secure 2
12  cards
Appeals (Solicitor)
Under what circumstances will the...,
What is the usual time limit to f...,
Which court would normally hear a...
13  cards
Jurisdiction and Conflict of Laws
What does jurisdiction determine ...,
Which of the following statements...,
A company based in germany agrees...
6  cards
Jurisdiction: The Hague Convention
Which of the following matters fa...,
Which of the following jurisdicti...,
A french supplier and a uk buyer ...
9  cards
Jurisdiction: Common Law
Under the common law when will th...,
A french company has a london off...,
A canadian resident causes a car ...
6  cards
Serving a Claim Form Outside the Jurisdiction
What is the validity period of a ...,
When is permission from the court...,
A claimant sues a us company that...
7  cards
Difficulties with Service
Which civil procedure rule govern...,
When will the court most likely d...,
A claimant cannot locate the defe...
5  cards
Disputing or Submitting to the Court's Jurisdiction
Which of the following actions wo...,
Under cpr 11 how long after filin...,
Mark receives a claim form served...
8  cards
Conflict of Laws: Contract
What is the main legal framework ...,
Alpha ltd uk contracts with beta ...,
Which of the following is the cor...
8  cards
Conflict of Laws: Tort
Under rome ii what is the default...,
Which of the following must be tr...,
Company a is based in england and...
8  cards
Jurisdiction and Conflict of Laws within the UK
Under the civil jurisdiction and ...,
A defendant submits to the jurisd...,
Alex domiciled in northern irelan...
8  cards

More about
Dispute Resolution

  • Class purpose General learning

Learn faster with Brainscape on your web, iPhone, or Android device. Study Sim S's Dispute Resolution flashcards for their Durham University class now!

How studying works.

Brainscape's adaptive web mobile flashcards system will drill you on your weaknesses, using a pattern guaranteed to help you learn more in less time.

Add your own flashcards.

Either request "Edit" access from the author, or make a copy of the class to edit as your own. And you can always create a totally new class of your own too!

What's Brainscape anyway?

Brainscape is a digital flashcards platform where you can find, create, share, and study any subject on the planet.

We use an adaptive study algorithm that is proven to help you learn faster and remember longer....

Looking for something else?

Dispute Resolution
  • 20 decks
  • 988 flashcards
  • 24 learners
Decks: Introduction To Dispute Resolution, Costs, Alternative Dispute Resolution, And more!
Dispute Resolution
  • 22 decks
  • 2737 flashcards
  • 1 learners
Decks: Introduction, Professional Conduct, Costs, And more!
Make Flashcards