Dispute resolution: Cheat Sheet
Pre-action Steps
ADR:
Mediation – independent 3rd party, preserves business relationships
Arbitration – professional arbitrator and decision reached legally binding
Arbitration – civil litigation
6 years limitation
Contract: 6 years from breach accruing
Tort: 6 years from when the tort was committed
Personal injury: 3 years from the date of cause of action/knowledge
Latent (minors runs from 18, ultimate limit of 15 years
Pre-action procedure
Reasonable and proportionate steps to be taken by the parties
C sends letter
D responds in reasonable time
Consider ADR
Review positions
(For professional negligence, acknowledges then investigates, then responds)
Commencing or responding to a claim
County Court – under £100,000 (£50,000 for personal injury Civil National
Business Centre for damages.
High Court – Claims in excess of £100,000 (£50,00 for personal injury)
Documents
1. Claim form (N1) – will not include costs, contributory negligence or counterclaims
2. Particulars of claim
3. Documents required to be annexed by CPR
Deemed service
Claim form served within 4 calendar months (out of jurisdiction 6 months): will
be deemed served the second business day after service
Particulars of claim can be served with a claim form or within 14 days.
Acknowledgement of service will extend to 28 days from the date of service
Other documents
o Personal service/ letter/dx: second business day after posting
o Fax/email: deemed served on a business day before 4:30pm, if not the next
business day.
, Default judgement
Can be applied to set aside by the defendant: N244 notice supported by witness statement.
Mandatory wrongly entered-into (too early)
Discretionary real prospect of successfully defending/ some other good reason.
Discontinuance can use a consent order (terms of settlement in a formal court order) or a
Tomlin order (terms in separate schedule and very private).
Disputing jurisdiction: Acknowledge the claim and then challenge within 14 days
Adding, substituting or removing a party
Within limitation
If desirable
o To add a new party to a dispute
o Remove a party
o Substitute a party where liability has passed to them
Outside limitation
Period was current when started
o Original party named by mistake
o Bankruptcy/death or liability passed
o Claim cannot be properly carried out by current party
Statements of case and interim applications
Statements of case – facts on which the parties concisely set out their case.
For a defence – deny, admit or not admit. File a counterclaim with the defence.
Part 20 additional claims
Indemnity
Contribution
Party not to the proceedings
Amendments - can only be made by agreement of all parties or court permission.
Part 18 Request for further information
First serve on the other party and leave a reasonable time, if they do not respond, apply to the
court.
Interim Applications /costs
Form 244 + witness statement + draft order
Served on the opponent at least 3 clear days before the court hearing
Pre-action Steps
ADR:
Mediation – independent 3rd party, preserves business relationships
Arbitration – professional arbitrator and decision reached legally binding
Arbitration – civil litigation
6 years limitation
Contract: 6 years from breach accruing
Tort: 6 years from when the tort was committed
Personal injury: 3 years from the date of cause of action/knowledge
Latent (minors runs from 18, ultimate limit of 15 years
Pre-action procedure
Reasonable and proportionate steps to be taken by the parties
C sends letter
D responds in reasonable time
Consider ADR
Review positions
(For professional negligence, acknowledges then investigates, then responds)
Commencing or responding to a claim
County Court – under £100,000 (£50,000 for personal injury Civil National
Business Centre for damages.
High Court – Claims in excess of £100,000 (£50,00 for personal injury)
Documents
1. Claim form (N1) – will not include costs, contributory negligence or counterclaims
2. Particulars of claim
3. Documents required to be annexed by CPR
Deemed service
Claim form served within 4 calendar months (out of jurisdiction 6 months): will
be deemed served the second business day after service
Particulars of claim can be served with a claim form or within 14 days.
Acknowledgement of service will extend to 28 days from the date of service
Other documents
o Personal service/ letter/dx: second business day after posting
o Fax/email: deemed served on a business day before 4:30pm, if not the next
business day.
, Default judgement
Can be applied to set aside by the defendant: N244 notice supported by witness statement.
Mandatory wrongly entered-into (too early)
Discretionary real prospect of successfully defending/ some other good reason.
Discontinuance can use a consent order (terms of settlement in a formal court order) or a
Tomlin order (terms in separate schedule and very private).
Disputing jurisdiction: Acknowledge the claim and then challenge within 14 days
Adding, substituting or removing a party
Within limitation
If desirable
o To add a new party to a dispute
o Remove a party
o Substitute a party where liability has passed to them
Outside limitation
Period was current when started
o Original party named by mistake
o Bankruptcy/death or liability passed
o Claim cannot be properly carried out by current party
Statements of case and interim applications
Statements of case – facts on which the parties concisely set out their case.
For a defence – deny, admit or not admit. File a counterclaim with the defence.
Part 20 additional claims
Indemnity
Contribution
Party not to the proceedings
Amendments - can only be made by agreement of all parties or court permission.
Part 18 Request for further information
First serve on the other party and leave a reasonable time, if they do not respond, apply to the
court.
Interim Applications /costs
Form 244 + witness statement + draft order
Served on the opponent at least 3 clear days before the court hearing
