Dispute Resolution
Professional conduct points:
See the SRA Code of Conduct for Solicitors:
Paragraph 1.3: you perform all undertakings and never give an undertaking that is beyond your
control
-> can be made orally or in writing; the key test is whether the recipient of the undertaking has
placed reasonable reliance on it
Paragraph 1.4: you do not mislead or attempt to mislead clients, the court or others by your own acts
or by being complicit in the acts of others
Paragraph 2.7: you draw the court’s attention to all relevant authorities that are likely to have a
material impact on the outcome of the proceedings
COMMENCEMENT AND SERVICE OF PROCEEDINGS:
overriding objective (CPR 1.1): to enable the court to deal with cases justly and at proportionate
cost
THE COURT WILL ACTIVELY MANAGE THE CASE
Pre-action considerations:
Proceedings must be issued within the relevant limitation period, otherwise the defendant will
have a complete defence
see also:
Practice Direction- Pre-Action Conduct and Protocols + specific Pre-Action Protocols
letter of claim + letter of response
failure to comply = sanctions in costs/interest or a stay of the claim once issued
Which court?
a. County court
Personal injury claims less than £50,000 + non-PI claims up to £100,000
Both must be commenced in the CC
b. High Court
For all other claims, consider:
Value of the claim
Complexity
Importance to the public
If the wrong court is selected, the court can transfer the proceedings to the right court
BUT costs sanctions could be imposed
How to issue?
A claim form must be issued and sealed at court
The claimant will also pay an issue fee
The date of issue of the claim form stops time from running for limitation purposes
The claimant then has 4 months to serve the claim form on the defendant (cf. service out of
, jurisdiction: 6 months)
-> note that the claimant can apply for an extension
Methods of service:
- Personally on the defendant
- Delivering or leaving the document at a permitted address
- First-class post
- Fax
- Electronic method (e.g., email)
- Document exchange (DX)
fax and email may only be used where the defendant has indicated that this is acceptable
The particulars of claim must be served within 14 days of service of the claim form (and again, within
4 months of issue)
note that in practice, the particulars are often attached to and served alongside the claim form
‘Deemed dates of service’:
i. Claim form
Second business day after completion of the relevant step
ii. Other documents (inc. particulars of claim)
Instant method:
if before 4:30pm on a business day, same day; if not, the next business day
Non-instant method (post/DX):
second day after posting if a business day (otherwise, the next business day)
RESPONDING TO PROCEEDINGS:
The defendant does not need to respond until it has received the particulars of claim
Three possible responses:
a. Acknowledgement of service
b. Defence
c. Admission of the claim in whole or in part (e.g., where no credible defence is available)
i. if the claim is for a specified sum: the court will enter judgement for the amount
claimed
ii. if the claim is for an unspecified sum: the court will enter judgement in relation to
liability only; there will then be a subsequent hearing to determine quantum
The defendant’s response must come within 14 days of the deemed date of service of the
particulars of claim
If the defendant files an acknowledgement of service, this gives the defendant an additional 14
days in which to file the defence (i.e., 28 days from the deemed date of service of the particulars of
claim)
-> the defendant may also dispute jurisdiction
Professional conduct points:
See the SRA Code of Conduct for Solicitors:
Paragraph 1.3: you perform all undertakings and never give an undertaking that is beyond your
control
-> can be made orally or in writing; the key test is whether the recipient of the undertaking has
placed reasonable reliance on it
Paragraph 1.4: you do not mislead or attempt to mislead clients, the court or others by your own acts
or by being complicit in the acts of others
Paragraph 2.7: you draw the court’s attention to all relevant authorities that are likely to have a
material impact on the outcome of the proceedings
COMMENCEMENT AND SERVICE OF PROCEEDINGS:
overriding objective (CPR 1.1): to enable the court to deal with cases justly and at proportionate
cost
THE COURT WILL ACTIVELY MANAGE THE CASE
Pre-action considerations:
Proceedings must be issued within the relevant limitation period, otherwise the defendant will
have a complete defence
see also:
Practice Direction- Pre-Action Conduct and Protocols + specific Pre-Action Protocols
letter of claim + letter of response
failure to comply = sanctions in costs/interest or a stay of the claim once issued
Which court?
a. County court
Personal injury claims less than £50,000 + non-PI claims up to £100,000
Both must be commenced in the CC
b. High Court
For all other claims, consider:
Value of the claim
Complexity
Importance to the public
If the wrong court is selected, the court can transfer the proceedings to the right court
BUT costs sanctions could be imposed
How to issue?
A claim form must be issued and sealed at court
The claimant will also pay an issue fee
The date of issue of the claim form stops time from running for limitation purposes
The claimant then has 4 months to serve the claim form on the defendant (cf. service out of
, jurisdiction: 6 months)
-> note that the claimant can apply for an extension
Methods of service:
- Personally on the defendant
- Delivering or leaving the document at a permitted address
- First-class post
- Fax
- Electronic method (e.g., email)
- Document exchange (DX)
fax and email may only be used where the defendant has indicated that this is acceptable
The particulars of claim must be served within 14 days of service of the claim form (and again, within
4 months of issue)
note that in practice, the particulars are often attached to and served alongside the claim form
‘Deemed dates of service’:
i. Claim form
Second business day after completion of the relevant step
ii. Other documents (inc. particulars of claim)
Instant method:
if before 4:30pm on a business day, same day; if not, the next business day
Non-instant method (post/DX):
second day after posting if a business day (otherwise, the next business day)
RESPONDING TO PROCEEDINGS:
The defendant does not need to respond until it has received the particulars of claim
Three possible responses:
a. Acknowledgement of service
b. Defence
c. Admission of the claim in whole or in part (e.g., where no credible defence is available)
i. if the claim is for a specified sum: the court will enter judgement for the amount
claimed
ii. if the claim is for an unspecified sum: the court will enter judgement in relation to
liability only; there will then be a subsequent hearing to determine quantum
The defendant’s response must come within 14 days of the deemed date of service of the
particulars of claim
If the defendant files an acknowledgement of service, this gives the defendant an additional 14
days in which to file the defence (i.e., 28 days from the deemed date of service of the particulars of
claim)
-> the defendant may also dispute jurisdiction
