Summary SQE1&2 Dispute Resolution FLK Condensed Notes

DISPUTE RESOLUTION

Methods of ADR ●​ Negotiation - informal conversations marked without
prejudice
●​ Mediation - third party mediator makes a decision. Only
binding once a contract is signed
●​ Arbitration - 3rd party arbiter is appointed to make a
binding decision (can be enforced in court)

→ Failure to co-operate without good reason can lead to
sanctions ​



Track Allocation ●​ Small claims (cases up to £10k or £1k in PI)
●​ Fast Track (£10k - £25k), 1 day
●​ Intermediate Track (£25k - £100k), 1-3 days
●​ Multi Track (cases over £100k), long trial ​ ​

●​ High Court threshold - over £100k + over £50k (PI)​
○​ If under → must start in County Court
●​ Allocation factors to consider:
○​ Financial value of claim/counterclaim
○​ Amount of expert/oral evidence required
○​ Complexity
○​ Number of parties
○​ Nature of remedy sought
○​ Circumstances of case
○​ Overriding objective


●​ 1. King's Bench Division (contract and tort)
High Court ●​ 2. Chancery Division (property, land, trusts,
contentious inheritance matters, partnership claims,
intellectual property and company law).
●​ 3. Family Division (family disputes such as defended
divorces and adoption).
●​ + Business Property Court + other specialist courts
●​ Money-only paper claims → County Court Money Claims
Centre

●​ SPECIFIED CLAIM: claim for a fixed amount of money –
Types of Claims usually a debt. Easily calculated by C
●​ UNSPECIFIED CLAIM: amount of damages C is
claiming is uncertain. The court works it out
●​ MIXED? if C has both a specified sum and unspecified
damages, the claim is treated as an unspecified sum.

, ●​ MAX 15yrs
Limitation Period ●​ Breach of contract - 6yrs from date of breach
●​ Tort - 6yrs from tort committed
●​ PI - 3yrs from injury or from knowledge of injury
●​ Latent (hidden) damage - 6yrs from damage or 3yrs
from knowledge of damage ​


●​ C sends letter before claim
Pre-action conduct and protocols - ●​ D send letter of response
process ●​ Parties consider ADR - consider if trial can be avoided
●​ Sanctions for non-compliance
○​ Party at fault may pay some/all opponent’s costs
(possibly on indemnity basis)
○​ Claimant may lose some/all interest on damages
○​ Defendant may pay higher interest on damages

1)​ Pre-commencement
OVERVIEW Civil litigation procedure 2)​ Commencement (claim form/response/allocation)
3)​ Interim matters (directions/disclosure/expert/payments)
4)​ Trial
5)​ Post-trial (appeal/costs/enforcement)

●​ Claim officially starts when is received at court office
Issuing claim form ●​ Form N1 - must be served on other party within 4
months of issue (6months if abroad)

●​ Serve AoS or defence within 14 days of receipt of PoC
Deadlines ●​ If AoS, serve defence within 28 days of receipt of PoC
(can be extended to 56 days)

●​ Specified
Interest in claim form ○​ In contract → Late Payment of Commercial Debts
(Interest) Act 1998 (B2B) + statutory
compensation → Discretion under s35a SCA
1981/ s69 CCA 1984
●​ Unspecified
○​ In contract → Discretion under s35a SCA 1981/
s69 CCA 1984

Claim form
Deemed service ●​ Served on 2nd business day (sent Fri→Tues)
Other docs (e.g. PoC/defence/Part 36)
●​ Personal service, email, fax
○​ Before 4.30pm on business day = that day
○​ After 4.30pm = next business day (delivered Sat
12pm→Mon)
●​ 1st class post, DX
○​ 2nd day after posted if that day is business day
(sent Sat→Mon)
○​ If not = next day (sent Fri→Mon)