SQE2: Dispute Resolution Exam with
Complete Solutions
Yes though the court will likely direct them to consider ADR alternatives. The courts
have made it clear that it is unacceptable and unreasonable for a party to fail to respond
to a request for ADR.
If the receiving party considers ADR inappropriate, they must set out their reasons,
failing which the court has discretion to penalise them in respect of the legal costs that
they can recover, regardless of whether their claim is successful. - correct Answer-Is a
party able to litigate without considering ADR?
An early neutral evaluation is a method of ADR where a 'neutral' is appointed to hear
each side's case and to render an opinion of the probable outcome at trial which the
view to encourage settlement. - correct Answer-What is an early neutral evaluation?
The principle behind limitation is to ensure as a matter of public policy that a defendant
is not prejudiced by having to defend a claim when important evidence may no longer
be available or the evidence of witnesses, eg, may be less cogent / clear as a result of
the passage of time. - correct Answer-What is the principle behind limitation periods?
15 years - correct Answer-What is the longstop limitation period for latent defects?
6 years - correct Answer-What is the limitation period for breach of contract claims?
6 years - correct Answer-What is the limitation period for claims in tort?
3 years - correct Answer-What is the limitation period for personal injury claims?
3 years - correct Answer-What is the limitation period for claims relating to a fatal
accident?
1 year - correct Answer-What is the limitation period for defamation claims?
3 months - correct Answer-What is the limitation period for unfair dismissal?
The Practice Direction on Pre-Action Conduct and Protocols applies. - correct Answer-
What happens if there is no specific pre-action protocol for a type of claim?
1. The claimant should write to the defendant with concise details of the claim.
, 2. The defendant should respond within a reasonable time (14 days is suggested for a
straightforward case and no more than three months in a complex claim). The
defendant's reply should confirm whether the claim is accepted, and if not, the reasons
why.
3. The parties should disclose key documents relevant to the issues in dispute.
4. The parties should be aware that the court must give permission before they can rely
on expert evidence, and the court may limit the fees recoverable. The parties should
consider using a single joint expert if expert testimony will be needed.
5. The parties should consider ADR, notably mediation, arbitration, early neutral
evaluation, or ombudsmen schemes. Parties are reminded that, if proceedings are
issues, they may be required to provide evidence that ADR has been considered.
6. If it is not possibl - correct Answer-What are the key directions in the Pre-Action
Direction?
Personal injury, resolution of clinical disputes, construction and engineering,
defamation, professional negligence, judicial review, disease and illness, housing
disrepair, possession claims (by rent or mortgage arrears), dilapidation of commercial
property, low value personal injury road traffic accidents, low value personal injury
employer's and public liability and debt claims - correct Answer-What types of claim
currently have applicable protocols?
Sanctions and a stay (though in some cases the court may relieve the parties of their
obligation to comply with the requirements of the Practice Direction. - correct Answer-
What are the consequences of failing to comply with the practice direction or relevant
protocol
Where the end of the limitation period is close, where a court order is required to protect
or preserve evidence or assets or where there is concern that the defendant may seek
to issue proceedings in another country. - correct Answer-When is it appropriate to
issue proceedings in noncompliance with the relevant protocol?
If it is felt that disclosure of documents held by the party are necessary to investigate a
potential claim fully. The criteria are:
(i) the respondent is like to be a party to the proceedings;
(ii) the applicant is likely to be a party to proceedings;
(iii) the documents, or classes of document, requested would be disclosed under
standard disclosure rules; and
(iv) disclosure now would fairly assist in disposing of the claim without the need to issue
proceedings and save costs. - correct Answer-When would a party apply for pre-action
disclosure?
Complete Solutions
Yes though the court will likely direct them to consider ADR alternatives. The courts
have made it clear that it is unacceptable and unreasonable for a party to fail to respond
to a request for ADR.
If the receiving party considers ADR inappropriate, they must set out their reasons,
failing which the court has discretion to penalise them in respect of the legal costs that
they can recover, regardless of whether their claim is successful. - correct Answer-Is a
party able to litigate without considering ADR?
An early neutral evaluation is a method of ADR where a 'neutral' is appointed to hear
each side's case and to render an opinion of the probable outcome at trial which the
view to encourage settlement. - correct Answer-What is an early neutral evaluation?
The principle behind limitation is to ensure as a matter of public policy that a defendant
is not prejudiced by having to defend a claim when important evidence may no longer
be available or the evidence of witnesses, eg, may be less cogent / clear as a result of
the passage of time. - correct Answer-What is the principle behind limitation periods?
15 years - correct Answer-What is the longstop limitation period for latent defects?
6 years - correct Answer-What is the limitation period for breach of contract claims?
6 years - correct Answer-What is the limitation period for claims in tort?
3 years - correct Answer-What is the limitation period for personal injury claims?
3 years - correct Answer-What is the limitation period for claims relating to a fatal
accident?
1 year - correct Answer-What is the limitation period for defamation claims?
3 months - correct Answer-What is the limitation period for unfair dismissal?
The Practice Direction on Pre-Action Conduct and Protocols applies. - correct Answer-
What happens if there is no specific pre-action protocol for a type of claim?
1. The claimant should write to the defendant with concise details of the claim.
, 2. The defendant should respond within a reasonable time (14 days is suggested for a
straightforward case and no more than three months in a complex claim). The
defendant's reply should confirm whether the claim is accepted, and if not, the reasons
why.
3. The parties should disclose key documents relevant to the issues in dispute.
4. The parties should be aware that the court must give permission before they can rely
on expert evidence, and the court may limit the fees recoverable. The parties should
consider using a single joint expert if expert testimony will be needed.
5. The parties should consider ADR, notably mediation, arbitration, early neutral
evaluation, or ombudsmen schemes. Parties are reminded that, if proceedings are
issues, they may be required to provide evidence that ADR has been considered.
6. If it is not possibl - correct Answer-What are the key directions in the Pre-Action
Direction?
Personal injury, resolution of clinical disputes, construction and engineering,
defamation, professional negligence, judicial review, disease and illness, housing
disrepair, possession claims (by rent or mortgage arrears), dilapidation of commercial
property, low value personal injury road traffic accidents, low value personal injury
employer's and public liability and debt claims - correct Answer-What types of claim
currently have applicable protocols?
Sanctions and a stay (though in some cases the court may relieve the parties of their
obligation to comply with the requirements of the Practice Direction. - correct Answer-
What are the consequences of failing to comply with the practice direction or relevant
protocol
Where the end of the limitation period is close, where a court order is required to protect
or preserve evidence or assets or where there is concern that the defendant may seek
to issue proceedings in another country. - correct Answer-When is it appropriate to
issue proceedings in noncompliance with the relevant protocol?
If it is felt that disclosure of documents held by the party are necessary to investigate a
potential claim fully. The criteria are:
(i) the respondent is like to be a party to the proceedings;
(ii) the applicant is likely to be a party to proceedings;
(iii) the documents, or classes of document, requested would be disclosed under
standard disclosure rules; and
(iv) disclosure now would fairly assist in disposing of the claim without the need to issue
proceedings and save costs. - correct Answer-When would a party apply for pre-action
disclosure?
