Acing the SQE/Dispute Resolution

The principles, procedures and processes involved in dispute resolution or Dispute Resolution in short is one of the subjects tested in SQE1.

Chapters

1. Chapter 1 Different Options for Dispute Resolution
2. Chapter 2 Preliminary considerations: limitation, pre-action protocols
3. Chapter 3 Where to start proceedings, Issuing and serving proceedings, Responding to a claim, Statements of case
4. Chapter 4 Case management and interim application
5. Chapter 5 Evidence, disclosure and inspection
6. Chapter 6 Trial, Appeals, Enforcement of money judgments
7. Chapter 7 Costs and Fundings

Issuing and serving proceedings

In English courts, it is possible to add, remove, or substitute parties to a legal proceeding after it has been issued and served. This can be done for a variety of reasons, such as changes in circumstances or the discovery of new information.

Adding a party: To add a party to a legal proceeding, the claimant must make an application to the court to amend the claim form. This application should include the details of the new party and their role in the case. The court will then consider the application and decide whether to grant permission to add the new party.

Removing a party: To remove a party from a legal proceeding, the claimant or defendant must make an application to the court to amend the claim form. This application should include the details of the party to be removed and the reasons for their removal. The court will then consider the application and decide whether to grant permission to remove the party.

Substituting a party: To substitute a party in a legal proceeding, the claimant or defendant must make an application to the court to amend the claim form. This application should include the details of the new party and their role in the case, as well as the reasons for the substitution. The court will then consider the application and decide whether to grant permission to substitute the party.

issuing a claim form

Issuing a claim form is the first step in bringing a claim in the civil court system of England and Wales. The claim form sets out the details of the claim, including the parties involved and the nature of the dispute.

To issue a claim form, the claimant must complete the appropriate form (usually Form N1) and file it with the court. The form should include the following information:

The names and addresses of the claimant and defendant.

A concise statement of the nature of the claim and the remedy sought.

The grounds for the claim and the amount claimed (if applicable).

The address for service of the claim form and any other documents.

Any other relevant information, such as the details of any pre-action protocol that has been followed.

Once the claim form has been filed with the court, it must be served on the defendant. The claimant must ensure that the claim form is served within the time limits set out in the Civil Procedure Rules.

Service of the claim form can be done in a number of ways, including by post, in person, or by electronic means. The claimant must ensure that the method of service used is appropriate and that proof of service is obtained and filed with the court.

After the claim form has been served, the defendant has a specified period of time (usually 14 days or 28 days, depending on the method of service) to file a response. If the defendant fails to respond within the specified time, the claimant may apply for a default judgment.

If the defendant does respond, the case will proceed through the court system, with both parties providing evidence and making arguments in support of their case. Ultimately, the court will make a decision on the merits of the claim, based on the evidence presented.

adding, removing or substituting parties

In the course of dispute resolution in England and Wales, it may be necessary to add, remove or substitute parties to a claim. This may be due to a change in circumstances, such as the sale of a business, or a mistake made in the initial claim.

Adding Parties: To add a party to a claim, the claimant must make an application to the court to amend the claim form. The application must be supported by evidence showing why the party should be added, and any additional claims that are being made. The court will consider the application and may require the new party to be served with the claim form and given the opportunity to respond.

Removing Parties: To remove a party from a claim, the claimant or defendant must make an application to the court to amend the claim form. The application must be supported by evidence showing why the party should be removed, such as a settlement or a mistake in the initial claim. The court will consider the application and may require the remaining parties to be served with the amended claim form.

Substituting Parties: To substitute a party in a claim, the claimant must make an application to the court to amend the claim form. The application must be supported by evidence showing why the new party should be substituted, such as a transfer of ownership or a change in legal status. The court will consider the application and may require the new party to be served with the amended claim form.

It is important to note that there are strict time limits for making applications to add, remove or substitute parties, and failure to comply with these time limits may result in the application being refused. Additionally, the court will consider factors such as the prejudice to the other parties and the impact on the progress of the case when deciding whether to grant the application.

service of a claim form within the jurisdiction

In order to start a civil claim in England and Wales, the claimant must serve the claim form on the defendant. Service is the formal process of delivering the claim form to the defendant in accordance with the Civil Procedure Rules (CPR).

If the defendant is located within the jurisdiction of England and Wales, the claimant may serve the claim form by:

Personal Service: The claim form can be personally served on the defendant by a process server or other authorized individual. Personal service means physically delivering the claim form to the defendant, and the server must then complete a certificate of service to confirm that the form has been served.

First Class Post: The claim form can be sent to the defendant by first class post. This method is only valid if the defendant has provided a valid address for service, and the claimant must obtain a certificate of posting as evidence of service.

Email or Fax: The claim form can be served on the defendant by email or fax if the defendant has agreed to accept service in this way. The claimant must obtain confirmation of receipt as evidence of service.

Solicitor: The claim form can be served on the defendant's solicitor, if they have appointed one for the case.

It is important to note that the claim form must be served within the relevant time limit, which is usually four months from the date of issue. The claimant must also file a certificate of service with the court to confirm that the claim form has been served in accordance with the CPR. Failure to comply with the rules on service may result in the claim being struck out by the court.

procedure for service of a claim form outside the jurisdiction (with or without the court’s permission) and mechanisms for effecting valid service in another jurisdiction

If the defendant is located outside the jurisdiction of England and Wales, the claimant must obtain permission from the court to serve the claim form outside the jurisdiction. This can be done by making an application for permission under CPR 6.36.

The claimant must provide evidence to the court to demonstrate that the case falls within one of the categories for which permission to serve out of the jurisdiction is allowed. These include cases where:

The claim is for breach of contract and the contract was made within the jurisdiction, or the contract was performed within the jurisdiction.

The claim is for a tort and the damage was sustained within the jurisdiction, or the tort was committed within the jurisdiction.

The claimant is seeking a remedy against property located within the jurisdiction.

If the court grants permission, the claimant can then serve the claim form on the defendant in accordance with the local rules of the jurisdiction where the defendant is located. The claimant must also file a copy of the claim form and evidence of service with the court in England and Wales.

The methods for effecting valid service in another jurisdiction will depend on the rules of that jurisdiction. The most common methods include:

Personal service by a process server or authorized individual in the local jurisdiction.

Service through the postal service, either by registered post or a local equivalent.

Service by a local solicitor acting as an agent for the claimant.

Service by email or fax, if the local jurisdiction permits.

It is important to ensure that service is effected in accordance with the rules of the local jurisdiction, as failure to do so may result in the claim being dismissed or struck out by the court.

deemed dates of service and time limits for serving proceedings

In England and Wales, the date of service of proceedings is important because it triggers various time limits that apply in the litigation process. The rules governing deemed dates of service and time limits for serving proceedings are set out in the Civil Procedure Rules (CPR).

Deemed Date of Service:

The deemed date of service of a document depends on the method of service used. The following are the deemed dates of service for the most common methods of service:

Personal service: The date on which the document is personally delivered to the recipient.

First class post: The second business day after posting.

Second class post: The fourth business day after posting.

Fax: The date of transmission.

Email: The date of sending, unless the sender receives a delivery failure message.

Time Limits for Serving Proceedings:

The time limit for serving proceedings depends on the type of claim and the court in which the claim is brought. The following are some general time limits for serving proceedings:

In most cases, the claim form must be served within four months of the date of issue.

In claims for personal injury, the claim form must be served within four months of the date of issue, unless the court gives permission for a longer period.

In claims against the Crown, the time limit for service is extended to six months.

In claims for defamation, the claim form must be served within one year of the date on which the cause of action accrued.

It is important to note that there may be additional time limits that apply to specific claims, and these should be checked carefully before issuing proceedings.

If the claim form is not served within the relevant time limit, the claimant may need to apply to the court for an extension of time. The court will consider various factors when deciding whether to grant an extension, including the reason for the delay, the length of the delay, and the prejudice that the other party may suffer as a result of the delay.

service by an alternative method

Service is the process by which a party to a civil litigation action provides notice of the legal proceedings to the other party or parties. In English civil litigation, service is usually carried out by delivering the relevant documents to the recipient in person, by post or by email.

However, in certain circumstances, it may not be possible to effect service in this way. In such cases, the court may permit service to be carried out by an alternative method.

An alternative method of service may be permitted where it is not reasonably practicable to effect service by the usual methods, or where the party to be served is avoiding service. For example, if a party is living in a different country and cannot be located, or if they are deliberately evading service, the court may allow alternative methods of service.

Alternative methods of service may include personal service by a court official, service by fax or email, service by post to an alternative address, or even service via social media or other electronic means.

Before permitting alternative methods of service, the court will consider whether they are appropriate and whether they are likely to result in effective communication of the proceedings to the recipient. The court may also require the party seeking alternative service to provide evidence that the recipient is likely to receive the documents.

It is important for parties to ensure that they comply with the rules regarding service, including any requirements for obtaining the court's permission to use an alternative method of service. Failure to comply with these rules may result in the court setting aside any subsequent judgment obtained as a result of defective service.

Overall, service by alternative methods is a useful tool in situations where the usual methods of service are not effective, but parties should be aware of the rules and procedures involved to ensure that they comply with the court's requirements.

Responding to a claim

admitting the claim

In English civil litigation, admitting the claim means that the defendant agrees to the claimant's claim and does not contest it. This can happen at any stage of the proceedings, either before or after the claim has been issued.

If the defendant admits the claim, the court may enter judgment in favour of the claimant without the need for a trial or further hearing. This is known as a default judgment or summary judgment.

If the defendant admits the claim before proceedings have been issued, the claimant may be able to obtain a judgment without the need for court proceedings. This is known as a judgment in default.

However, it is important to note that admitting the claim may not always be the best course of action for the defendant. If the defendant admits the claim, they may be liable for the full amount claimed, and may not be able to argue any defences or counterclaims that they may have had. Therefore, it is important for the defendant to seek legal advice before admitting the claim.

If the defendant admits the claim, the court will usually make an order for payment or other remedy, such as an order for the payment of damages or the return of property. The court may also order the defendant to pay the claimant's legal costs.

Overall, admitting the claim is a way for the defendant to bring the matter to a close without the need for a trial or further hearing. However, it is important for the defendant to consider the implications of admitting the claim before doing so, and to seek legal advice if necessary.

acknowledging service and filing a defence and/or counterclaim

In English civil litigation, acknowledging service and filing a defence and/or counterclaim are important steps in defending a claim.

Acknowledging service involves the defendant notifying the court that they have received the claim form and intend to defend the claim. The defendant must usually acknowledge service within 14 days of receiving the claim form (or 28 days if they are served outside the UK).

Once the defendant has acknowledged service, they have a further 14 days to file a defence. The defence sets out the defendant's response to the claimant's allegations, and may include any defences, counterclaims or set-offs that the defendant wishes to raise.

A counterclaim is a claim made by the defendant against the claimant, arising out of the same or related facts as the claimant's claim. For example, if the claimant sues the defendant for breach of contract, the defendant may counterclaim for damages for the claimant's own breach of the contract. The counterclaim is usually included in the defence document.

The defence and counterclaim must comply with the Civil Procedure Rules and should set out the facts and legal arguments that the defendant wishes to rely on. If the defendant does not file a defence within the specified time, the claimant may apply for judgment in default.

If the defendant does file a defence, the court may set the matter down for trial, or may direct the parties to take certain steps, such as disclosure of documents or exchange of witness statements.

Overall, acknowledging service and filing a defence and/or counterclaim are important steps in defending a claim in English civil litigation. These documents set out the defendant's position and may be crucial in determining the outcome of the case. It is important for the defendant to seek legal advice to ensure that their defence and counterclaim are properly drafted and have the best chance of success.

disputing the court’s jurisdiction

Disputing the court's jurisdiction in English civil litigation refers to the process of challenging the court's authority to hear a particular claim.

If a defendant believes that the court does not have jurisdiction over the claim, they may raise an objection to the court's jurisdiction. This may be because the claimant has chosen the wrong court or because the defendant is located in a different jurisdiction.

The process of disputing the court's jurisdiction usually begins with the defendant filing an application to the court to challenge the jurisdiction. The defendant must set out the grounds for disputing the court's jurisdiction in the application.

If the court finds that it does not have jurisdiction, it will dismiss the claim. However, if the court finds that it does have jurisdiction, it will usually proceed with the case.

It is important to note that disputing the court's jurisdiction can be a complex and technical area of law. If the defendant is unsure about whether they have grounds to dispute the jurisdiction, they should seek legal advice.

Overall, disputing the court's jurisdiction is an important step in English civil litigation if the defendant believes that the court does not have the authority to hear the claim. If successful, it can result in the claim being dismissed. However, it is important to seek legal advice before taking this step.

entering and setting aside judgment in default

In English civil litigation, entering and setting aside judgment in default are important steps that can arise when a defendant fails to file a defence in response to a claim.

If a defendant does not file a defence within the specified time limit after acknowledging service, the claimant may apply to the court for judgment in default. Judgment in default means that the claimant will be entitled to a judgment in their favour without the need for a trial or hearing.

To enter judgment in default, the claimant must make an application to the court setting out the defendant's failure to file a defence, and requesting that the court enter judgment in the claimant's favour.

If the court grants the application for judgment in default, the defendant will have the opportunity to apply to have the judgment set aside. The defendant must apply to set aside the judgment within a reasonable time, and must show that they have a good reason for not filing a defence on time. For example, the defendant may have had a valid excuse for not being able to file a defence, such as illness or a family emergency.

If the court agrees to set aside the judgment, the defendant will be allowed to file a defence and the case will proceed as usual. However, if the court refuses to set aside the judgment, the claimant will be entitled to enforce the judgment against the defendant.

Overall, entering and setting aside judgment in default are important steps in English civil litigation that can have significant implications for the parties involved. It is important for both claimants and defendants to seek legal advice if they are facing a situation where judgment in default may be entered or set aside.

discontinuance and settlement

Discontinuance and settlement are two ways in which English civil litigation may be resolved without the need for a trial or hearing.

Discontinuance occurs when a claimant decides to discontinue their claim. This means that they are voluntarily ending the legal proceedings against the defendant. The claimant can discontinue the claim at any time before trial, by serving notice of discontinuance on the defendant and filing it with the court. Once the notice of discontinuance has been filed, the claim is no longer active and the defendant is no longer required to respond to it.

Settlement, on the other hand, occurs when the parties reach an agreement to resolve the dispute between them. Settlement can occur at any stage of the litigation process, and can take many different forms. For example, the parties may agree to a payment of money, or to some other form of remedy, such as an apology or a change in behaviour.

The terms of the settlement are usually set out in a settlement agreement, which is a legally binding document that sets out the terms of the settlement. Once the settlement agreement has been signed by both parties, the claim will be resolved and the legal proceedings will come to an end.

Overall, discontinuance and settlement are two important ways in which English civil litigation may be resolved without the need for a trial or hearing. While they may involve some negotiation and compromise, they can be an effective way of resolving disputes in a timely and cost-effective manner. It is important for parties to seek legal advice to ensure that any settlement or discontinuance is properly drafted and has the best chance of success.

time limits for responding to a claim

In English civil litigation, there are time limits for responding to a claim, which are set out in the Civil Procedure Rules.

The time limit for responding to a claim will depend on the method of service used to serve the claim on the defendant.

If the claim is served in the UK by first-class post, the defendant has 14 days to respond to the claim. If the claim is served by another method, such as personal service or email, the defendant has 21 days to respond.

If the defendant needs more time to respond, they can apply to the court for an extension of time. The court will usually grant an extension if the defendant has a good reason for needing more time.

It is important to note that failure to respond to a claim within the specified time limit may result in the claimant obtaining judgment in default, which means that the claimant will be entitled to a judgment in their favour without the need for a trial or hearing.

Overall, it is important for defendants in English civil litigation to be aware of the time limits for responding to a claim, and to take action promptly to respond to the claim within the specified time limit or to seek an extension of time if necessary.

Statements of case

purpose, structure and content of a claim form, particulars of claim, or defence relating to a claim in contract or tort

In English civil litigation, a claim form is a legal document that initiates a lawsuit by setting out the details of the claimant's case against the defendant. The purpose of the claim form is to provide notice to the defendant that they are being sued and to outline the legal basis for the claim.

The structure of a claim form typically includes a heading that identifies the court in which the claim is being brought, the names and addresses of the claimant and defendant, and the title of the case. The form will also include a section that sets out the particulars of the claim, which is a detailed summary of the legal basis for the claim.

The content of a claim form will depend on the specific details of the case, but in general, it will include the following:

A statement of the facts upon which the claim is based. The legal basis for the claim, such as a breach of contract or negligence. The relief sought, which is the remedy or compensation that the claimant is seeking, such as damages or an injunction. Any supporting documents or evidence that the claimant wishes to rely on, such as contracts, correspondence, or witness statements. In addition to the claim form, the claimant may also file a particulars of claim document, which provides more detailed information about the claim, including specific facts and legal arguments. The particulars of claim may be required by the court if the claim form is not sufficiently detailed.

The defendant will then have the opportunity to file a defence, which responds to the claimant's allegations and sets out the defendant's position on the case. The structure and content of the defence will be similar to the claim form, and will include a statement of the facts, the legal basis for the defence, and any supporting evidence.

Overall, the purpose, structure, and content of a claim form, particulars of claim, and defence in English civil litigation are designed to ensure that both parties have a clear understanding of the legal issues at stake and the evidence that will be relied upon in the case. These documents are crucial in setting out the framework for the lawsuit and providing a basis for the court's decision.

purpose, structure and content of a reply, Part 20 claim, or defence to Part 20 claim

In English civil litigation, a reply is a legal document that responds to the defendant's defence, and sets out the claimant's position on the defendant's allegations. The purpose of a reply is to address any issues raised in the defence and to provide additional information or evidence to support the claimant's case.

A Part 20 claim is a legal claim made by a defendant against a third party, who may be liable for some or all of the damages claimed by the claimant. The purpose of a Part 20 claim is to shift liability from the defendant to the third party, or to seek contribution from the third party towards the damages claimed by the claimant.

The structure of a reply will typically include a heading that identifies the court in which the case is being heard, the names and addresses of the parties, and the title of the case. The content of the reply will depend on the specific details of the case, but in general, it will include the following:

A response to the allegations made in the defendant's defence, including any denials or admissions of liability. Any additional facts or evidence that the claimant wishes to rely on to support their case. A rebuttal of any legal arguments made by the defendant. Any counterclaims or Part 20 claims that the claimant wishes to make against the defendant or a third party. The structure and content of a Part 20 claim will be similar to a claim form, but will also include details of the third party against whom the claim is being made. The structure and content of a defence to a Part 20 claim will be similar to a defence, but will also address the third party's liability and any contribution that they may be liable for.

Overall, the purpose, structure, and content of a reply, Part 20 claim, and defence to a Part 20 claim in English civil litigation are designed to ensure that all parties have a clear understanding of the legal issues and evidence at stake. These documents are crucial in setting out the framework for the case and providing a basis for the court's decision.

requests for further information about statements of case

In English civil litigation, a request for further information is a formal request made by one party to another party seeking clarification or additional details about a statement of case. A statement of case includes the claim form, particulars of claim, defence, reply, and any other documents that set out the parties' legal arguments and evidence.

The purpose of a request for further information is to allow a party to better understand the other party's case, to identify any weaknesses or inconsistencies, and to prepare their own case accordingly. The request must be specific and relate to a particular statement of case, and must not be a general fishing expedition.

The rules governing requests for further information are set out in Part 18 of the Civil Procedure Rules. The requesting party must serve a written request on the other party, which must set out the questions they wish to ask and the reasons for asking them. The other party then has 28 days to respond with their answers, or to object to the request on the grounds that it is unreasonable, irrelevant, or disproportionate.

The content of a request for further information will depend on the specific details of the case, but it may include requests for clarification on a party's legal arguments, requests for the disclosure of specific documents, or requests for additional details about the other party's case.

If a party fails to respond to a request for further information, or if they respond inadequately, the requesting party may apply to the court for an order requiring the other party to provide the information. The court may also make an order for costs against the party who fails to comply with a request for further information.

Overall, requests for further information are an important tool in English civil litigation, allowing parties to obtain the information they need to prepare their case and ensuring a fair and efficient resolution of the dispute.

amendments

Amendments refer to changes made to the legal documents submitted by parties involved in a legal dispute. These documents typically include pleadings such as the claim form, particulars of claim, defense, and counterclaim.

Amendments may be necessary for various reasons, such as correcting errors, providing additional information, or addressing new issues that arise during the course of litigation. However, amendments are subject to certain rules and procedures to ensure fairness and efficiency in the legal process.

The general principle is that parties should be allowed to amend their statements of case to clarify their position or address any deficiencies, but this should be done within reasonable limits and without causing undue delay or prejudice to the other party.

In practice, parties usually seek permission from the court to make amendments. The court will consider factors such as the stage of proceedings, the reasons for the proposed amendments, and the potential impact on the other party. If the court grants permission, the amended statement of case will replace the original version and become part of the formal record of the case.

Interim applications

Interim applications are requests made to the court during the course of legal proceedings for temporary or interim relief or to address procedural matters. These applications are typically made before the main trial or final resolution of the dispute. Interim applications can cover a wide range of issues, such as requesting injunctions, seeking disclosure of evidence, or asking for specific directions from the court.

procedure for making an application

1. Identifying the Need for an Interim Application:

The need for an interim application may arise during the course of legal proceedings due to various reasons, such as urgency in obtaining relief, addressing procedural matters, or responding to developments in the case.

2. Preparation of Application Notice:

The party seeking interim relief must prepare an application notice outlining the relief sought and the grounds for the application. The application notice should be drafted in accordance with the Civil Procedure Rules (CPR) and any relevant court practice directions.

3. Service of Application Notice:

Once the application notice is prepared, it must be served on all other parties involved in the dispute. The CPR sets out specific rules regarding the timing and method of service, including deadlines for responding to the application.

4. Filing of Evidence and Supporting Documents:

The party making the interim application may need to file evidence in support of their case, such as witness statements, expert reports, or relevant legal authorities. This evidence should be filed with the court and served on the other parties in accordance with the CPR.

5. Hearing of Interim Application:

The court will schedule a hearing to consider the interim application. At the hearing, the parties will have the opportunity to present their arguments and respond to the arguments of the opposing party. The court may ask questions, seek clarification, or request further evidence before making a decision.

6. Court's Decision:

After considering the evidence and submissions presented by the parties, the court will make a decision on the interim application. The court may grant the relief sought, dismiss the application, or make any other appropriate orders. The court's decision will be recorded in a court order, which will be served on the parties.

7. Compliance with Court Order:

Once the court has made a decision on the interim application, the parties must comply with any orders made by the court. Failure to comply with a court order may result in sanctions or penalties imposed by the court.

purpose, procedure and evidence required for particular applications

summary judgment

1. Purpose:

Efficiency: Summary judgment allows for the swift resolution of claims or issues where there is no real prospect of success or defense. Cost-Effectiveness: By disposing of claims early in the proceedings, summary judgment helps save the parties involved time and costs associated with lengthy litigation. Fairness: Summary judgment ensures that claims or issues without merit are not allowed to proceed to trial, thus upholding the integrity of the legal process.

2. Procedure:

Application: A party may apply to the court for summary judgment by filing an application notice supported by evidence. Grounds: The applicant must demonstrate to the court that there is no real prospect of success for the opposing party or that the opposing party has no real prospect of successfully defending the claim. Evidence: The applicant must provide evidence in support of their application, typically in the form of witness statements, expert reports, or relevant documents. Opposing Response: The opposing party has an opportunity to respond to the application by filing evidence and submissions demonstrating that there is a real prospect of success or a real prospect of successfully defending the claim. Hearing: The court will consider the evidence and submissions presented by both parties at a hearing. The court may ask questions, seek clarification, or request further evidence before making a decision. Judgment: If the court is satisfied that there is no real prospect of success for the opposing party or that the opposing party has no real prospect of successfully defending the claim, it may grant summary judgment in favor of the applicant.

3. Evidence Required:

Witness Statements: Parties may submit witness statements from individuals with relevant knowledge or expertise to support their case for summary judgment. Expert Reports: In cases involving technical or specialized issues, parties may rely on expert reports to provide evidence and support their arguments. Relevant Documents: Parties may submit relevant documents, such as contracts, agreements, or correspondence, to support their case for summary judgment. Legal Authorities: Parties may cite relevant case law, statutes, or legal principles to support their arguments for summary judgment.

interim payments

Purpose:

Financial Relief: Interim payments provide parties with financial assistance to cover immediate expenses, losses, or damages incurred as a result of the dispute. Fairness: Interim payments help ensure that parties are not unduly prejudiced by delays in the legal process and can maintain their financial stability during the course of proceedings. Encouragement of Settlement: Interim payments may encourage parties to settle the dispute by providing them with a partial resolution of their financial claims. Procedure:

Application: A party seeking an interim payment may apply to the court by filing an application notice setting out the amount of the payment sought and the grounds for the application. Grounds: The applicant must demonstrate to the court that there is a good arguable case for the payment sought and that the payment is necessary to cover immediate expenses or losses. Evidence: The applicant must provide evidence in support of their application, such as witness statements, expert reports, or relevant documents detailing the expenses or losses incurred. Opposing Response: The opposing party has an opportunity to respond to the application by filing evidence and submissions disputing the amount of the payment sought or challenging the grounds for the application. Hearing: The court will consider the evidence and submissions presented by both parties at a hearing. The court may ask questions, seek clarification, or request further evidence before making a decision. Judgment: If the court is satisfied that there is a good arguable case for the payment sought and that the payment is necessary, it may grant the interim payment in whole or in part. Evidence Required:

Witness Statements: Parties may submit witness statements from individuals with relevant knowledge or expertise to support their case for an interim payment. Financial Documents: Parties may submit relevant financial documents, such as invoices, receipts, or financial statements, to demonstrate the expenses or losses incurred. Expert Reports: In cases involving complex financial issues, parties may rely on expert reports to provide evidence and support their arguments for an interim payment. Legal Authorities: Parties may cite relevant case law, statutes, or legal principles to support their arguments for an interim payment.

interim injunctions

Purpose:

Preventing Harm: Interim injunctions are used to prevent parties from taking certain actions that may cause harm or damage during the course of legal proceedings. Preserving Rights: Interim injunctions may also be sought to preserve rights or assets until the final resolution of the dispute. Maintaining Status Quo: In some cases, interim injunctions are used to maintain the status quo or prevent parties from acting in a way that could prejudice the outcome of the dispute. Procedure:

Application: A party seeking an interim injunction must apply to the court by filing an application notice setting out the relief sought and the grounds for the application. Urgency: In cases where urgent action is required, the applicant may apply for an interim injunction without giving notice to the other party. This is known as an "ex parte" application. Notice: In other cases, the applicant must give notice of the application to the other party, who will have an opportunity to respond before the court makes a decision. Evidence: The applicant must provide evidence in support of their application, typically in the form of witness statements, expert reports, or relevant documents. Undertakings: In some cases, the applicant may be required to give undertakings to the court, such as undertaking to pay damages to the respondent if it is later determined that the injunction was wrongly granted. Hearing: The court will schedule a hearing to consider the application for interim injunction. At the hearing, the parties will have the opportunity to present their arguments and respond to the arguments of the opposing party. Judgment: After considering the evidence and submissions presented by the parties, the court will make a decision on whether to grant the interim injunction. If granted, the injunction will be recorded in a court order. Evidence Required:

Witness Statements: Parties may submit witness statements from individuals with relevant knowledge or expertise to support their case for an interim injunction. Expert Reports: In cases involving technical or specialized issues, parties may rely on expert reports to provide evidence and support their arguments for an interim injunction. Relevant Documents: Parties may submit relevant documents, such as contracts, agreements, or correspondence, to support their case for an interim injunction. Legal Authorities: Parties may cite relevant case law, statutes, or legal principles to support their arguments for an interim injunction.

Case management

the overriding objective

the overriding objective for case management is a fundamental principle aimed at ensuring that cases are dealt with justly and efficiently. It is outlined in Part 1 of the Civil Procedure Rules (CPR) and applies to all civil proceedings in England and Wales. The overriding objective guides judges, parties, and their legal representatives in managing cases from commencement through to resolution.

The main components of the overriding objective are:

Just Resolution: The primary goal is to achieve a just resolution of the dispute. This involves ensuring that the parties receive a fair hearing and that the outcome is based on the merits of the case.

Efficiency: Case management procedures should be conducted efficiently and expeditiously. This includes minimizing delay, avoiding unnecessary costs, and ensuring that cases are resolved within a reasonable timeframe.

Proportionality: The costs and resources involved in the proceedings should be proportionate to the complexity and value of the case. This ensures that the costs of litigation are kept reasonable and that parties are not discouraged from pursuing legitimate claims due to excessive expense.

Fairness: All parties should have an equal opportunity to present their case and respond to the case of the opposing party. This includes ensuring that both parties have access to relevant information and evidence, as well as the opportunity to challenge evidence presented by the other party.

Compliance with Rules: The parties and the court should comply with the CPR and any relevant court orders or directions. This includes meeting deadlines, attending hearings, and following procedural requirements to ensure the smooth progress of the case.

Flexibility: The court has discretion to adapt procedures to suit the particular circumstances of each case. This allows for flexibility in case management to accommodate the needs of parties and ensure that justice is achieved effectively.

track allocation

Track allocation refers to the process of assigning cases to different tracks within the court system based on their complexity and value. This system helps ensure that cases are handled efficiently and effectively, with appropriate resources allocated according to the specific needs of each case.

There are typically three main tracks in the English court system:

Small Claims Track: This track is for cases involving relatively low monetary values or simpler legal issues. Cases allocated to the small claims track are usually handled quickly and with minimal formality. They may involve disputes such as unpaid bills, minor property damage, or small contract disagreements.

Fast Track: Cases allocated to the fast track are more complex than those on the small claims track but are still relatively straightforward compared to high-value or particularly complex cases. These cases are given a timetable for proceedings to ensure they are resolved efficiently. Examples of cases on the fast track might include personal injury claims of moderate value or disputes over contracts with clear terms.

Multi-Track: This track is for cases that are particularly complex, high in value, or involve significant legal issues. Cases allocated to the multi-track often require extensive preparation, expert testimony, and a longer period of time for resolution. Examples of cases on the multi-track include large commercial disputes, complex personal injury claims, or cases involving significant points of law.

The track allocation process is typically determined based on factors such as the amount in dispute, the complexity of legal issues involved, the need for expert evidence, and the potential length of the trial. Once a case is allocated to a specific track, it will be managed accordingly, with appropriate procedural rules and resources applied to ensure fair and efficient resolution.

case management directions for cases proceeding on the fast or multi-tracks

case management directions for cases proceeding on the fast or multi-tracks are essential for ensuring the efficient and effective handling of these cases. These directions are issued by the court to manage the progression of the case from its initiation to its resolution. Here are some common case management directions typically applied to cases proceeding on the fast or multi-tracks:

Pre-trial Case Management Conference: The court may schedule a pre-trial case management conference to discuss the case's progress, identify key issues, and set deadlines for various stages of the litigation process. Timetables and Deadlines: The court will establish specific timetables and deadlines for the parties to adhere to, including deadlines for filing pleadings, exchanging evidence, disclosing documents, and scheduling hearings or trials. Disclosure of Evidence: Parties are required to disclose all relevant documents and evidence they intend to rely on during the trial. This includes witness statements, expert reports, and any other supporting documentation. Expert Evidence: If expert evidence is required, the court will set deadlines for the exchange of expert reports and may also provide directions regarding the appointment of joint experts or the scope of expert testimony. Pre-trial Review: Before the trial, the court may conduct a pre-trial review to assess the case's readiness for trial, address any outstanding issues, and ensure that all necessary preparations have been made. ADR and Settlement: The court may encourage or require the parties to engage in alternative dispute resolution (ADR) methods such as mediation or arbitration to attempt to resolve the dispute without the need for a full trial. Trial Preparation: The court will provide directions for trial preparation, including the filing of trial bundles, witness lists, and any other necessary documentation. Trial Management: During the trial, the court will manage proceedings, including the order of witnesses, the presentation of evidence, and any legal arguments or objections raised by the parties. Costs Management: In multi-track cases, the court may issue directions for costs management to ensure that costs incurred during the litigation process are proportionate and reasonable. Post-trial Directions: After the trial, the court may issue directions for post-trial matters, such as the submission of post-trial briefs, the assessment of costs, and any necessary follow-up proceedings.

non-compliance with orders, sanctions and relief

when parties fail to comply with court orders or directions issued as part of case management, it's considered non-compliance. Non-compliance can disrupt the litigation process, cause delays, and hinder the fair resolution of disputes. To address non-compliance, the court has the authority to impose sanctions and provide relief. Here's an explanation of non-compliance, sanctions, and relief in English dispute resolution law:

Non-compliance with Orders: Non-compliance occurs when a party fails to adhere to court orders, directions, or deadlines set during the case management process. This could involve failing to provide required documents, missing deadlines for filings, or not attending court hearings as ordered. Sanctions: Sanctions are penalties imposed by the court on parties who fail to comply with orders or directions. Common sanctions include: Costs Orders: The court may order the non-compliant party to pay the costs incurred by the opposing party due to the non-compliance. Striking Out: The court may strike out part or all of a party's case if they repeatedly fail to comply with orders. This means the non-compliant party may lose the right to pursue their claim or defense. Contempt of Court: In severe cases of non-compliance or disobedience, the court may find the non-compliant party in contempt of court, which could lead to fines or imprisonment. Adverse Inferences: The court may draw adverse inferences against the non-compliant party, meaning the court might assume certain facts or arguments are against their interests due to their failure to comply. Relief: Relief refers to remedies or actions the court may take to address the consequences of non-compliance. Examples of relief include: Granting Extensions: In some cases, the court may grant extensions of time for compliance if there are valid reasons for the non-compliance. Setting Aside Default Judgments: If a party has been penalized due to non-compliance and can demonstrate a valid excuse, the court may set aside any default judgments entered against them. Allowing Remedial Action: The court may allow the non-compliant party to take remedial action to rectify the non-compliance, such as providing late submissions or attending make-up hearings.

costs and case management conferences

costs and case management conferences play crucial roles in managing cases efficiently and fairly. Let's delve into each of these elements:

Costs: In litigation, "costs" refer to the expenses incurred by parties during the legal proceedings. These expenses may include legal fees, court fees, expert witness fees, and other related costs. In English dispute resolution law, the general principle is that the losing party is required to pay the costs of the winning party, although this is subject to the discretion of the court. Costs can be awarded by the court at various stages of the litigation process, including after trial, at interim hearings, or following specific applications made by the parties. The court has wide discretion in determining costs, taking into account factors such as the conduct of the parties, the complexity of the case, and the amount of work done by each party's legal representatives. Costs management is an important aspect of case management, with the court having the power to set budgets for costs to ensure that litigation expenses remain proportionate and reasonable. Case Management Conferences: Case management conferences (CMCs) are procedural hearings held before a judge or a court officer to manage the progress of the case and ensure that it moves forward efficiently. CMCs are typically held to discuss various aspects of the case, including case preparation, disclosure of evidence, expert witnesses, and trial readiness. During a CMC, the court may issue case management directions, such as setting deadlines for filing documents, exchanging evidence, or scheduling future hearings. CMCs are an opportunity for parties to raise procedural issues, address any disagreements, and seek clarification from the court on case management matters. CMCs are often used to explore the possibility of settlement or alternative dispute resolution (ADR) methods, such as mediation or negotiation. Attendance at CMCs is usually mandatory for parties and their legal representatives, and failure to attend without valid reasons may result in sanctions or costs consequences.

Evidence

RELEVANCE OF EVIDENCE �If a piece of evidence is relevant to the proceedings, it is admissible. However, there are certain exceptions to this rule,

relevance, hearsay and admissibility

relevance

relevance refers to the materiality of evidence in relation to the issues that are in dispute in the case. Evidence is considered relevant if it has the tendency to prove or disprove a fact that is in question in the proceedings.

hearsay

Hearsay involves the assertion of a statement made by someone other than the witness who is testifying in court. Exceptions to the Rule: Despite the general rule against hearsay, there are numerous exceptions where hearsay evidence may be admissible. These exceptions are based on various policy considerations and include situations where the statement falls within a recognized exception, such as:

Statements made in the course of duty, such as business records, public documents, or official records.

Statements made by a person who is unavailable to testify in court due to death, incapacity, or other legal reasons.

Statements made in circumstances that provide guarantees of reliability, such as spontaneous declarations made under stress or statements against the speaker's interest.

admissibility

admissibility refers to the acceptability of evidence in court proceedings. Admissible evidence is information or materials that the court allows to be presented and considered during the trial or hearing.

Relevance: The primary criterion for admissibility is relevance. Evidence must be logically connected to the issues in dispute and have the tendency to prove or disprove a fact that is in question in the case. Evidence that is irrelevant to the issues at hand is typically excluded from consideration.

Reliability: Admissible evidence must be reliable and trustworthy. The court evaluates the reliability of evidence based on factors such as the credibility of the source, the accuracy of the information, and any corroborating evidence or supporting documentation.

Hearsay Rule: One of the most well-known principles affecting admissibility is the hearsay rule, which generally excludes out-of-court statements made by a person if offered to prove the truth of the matter asserted. However, there are numerous exceptions to this rule where hearsay evidence may be admitted based on specific circumstances and policy considerations.

Authentication: Admissible evidence must be properly authenticated to ensure its integrity and authenticity. This may involve providing evidence of its origin, chain of custody, or verification by a qualified witness.

Privilege: Certain communications are protected by legal privilege and may be excluded from evidence. Examples include attorney-client privilege, doctor-patient privilege, and spousal privilege. Privileged communications are generally considered inadmissible in court proceedings.

Character Evidence: Evidence of a person's character or disposition is generally inadmissible to prove that the person acted in conformity with that character on a particular occasion. However, there are exceptions where character evidence may be relevant and admissible, such as in cases involving credibility or specific character traits relevant to the issues in dispute.

Opinion Evidence: Admissibility of opinion evidence depends on various factors, including the qualifications of the witness, the basis for their opinion, and whether the opinion is relevant to the issues in dispute.

Exclusionary Rules: In addition to specific rules governing admissibility, there are various exclusionary rules aimed at excluding evidence obtained improperly or unfairly, such as evidence obtained through unlawful searches or seizures or evidence obtained through coercion or duress.

the burden and standard of proof

• The burden of proof: This pertains to the responsibility of the asserting party, typically the claimant, to furnish ample evidence to the court, substantiating the pertinent legal prerequisites and factual assertions concerning their claim.

• The standard of proof: This denotes the level to which a party needs to substantiate their case to achieve success. In civil matters, the standard of proof rests on the balance of probabilities. In essence, this signifies that the party putting forth the claim (often the claimant) must convince the court that their narrative of events is more probable than the one presented by the defendant.

Disclosure and inspection

standard disclosure

Purpose: The purpose of standard disclosure is to ensure that each party has access to the relevant documents that are in the possession, custody, or control of the other party. This helps to ensure fairness and transparency in the litigation process.

Form N265: Form N265 is a prescribed form used in the English legal system for standard disclosure. It requires parties to list and describe the documents they possess or control that are relevant to the case. The form provides specific fields for listing these documents, including their title, date, and a brief description of their relevance to the case.

Documents Covered: Parties are required to disclose not only documents that support their own case but also those that are adverse to their case or supportive of the other party's case. This includes documents that may be damaging or unfavorable to their position. The aim is to ensure that all relevant information is available to both sides, promoting fairness and the proper administration of justice.

Timeliness: Standard disclosure typically occurs after the parties have exchanged statements of case but before the trial. It is an ongoing obligation, meaning that if new documents become relevant after the initial disclosure, parties are obligated to disclose them promptly.

Consequences of Non-Compliance: Failure to comply with the requirements of standard disclosure can have serious consequences, including adverse inferences being drawn by the court against the non-compliant party or even sanctions such as cost penalties.

specific disclosure

There are instances where a party may find it necessary to seek the court's intervention regarding disclosure matters. Typically, this arises when they believe that the opposing party hasn't conducted their search as thoroughly as required by their duty. In such cases, the dissatisfied party should initially communicate their concerns in writing to the other party, outlining the reasons behind their belief that the search hasn't been exhaustive enough and suggesting actions to rectify the situation. Should the issue remain unresolved, the dissatisfied party has the right to apply to the court using Form N244, along with a supporting witness statement, seeking specific disclosure.

If the court grants an order for specific disclosure, it may require the party against whom the order is directed to undertake one or more of the following actions:

Disclose particular documents or categories of documents specified in the order. This occurs when the applying party has identified specific documents within the scope of required disclosure and seeks a court order for their disclosure. Conduct an additional search to ensure thoroughness. Disclose any documents uncovered as a result of the supplementary search. Upon receiving an order for specific disclosure, the concerned party is obligated to adhere to the stipulated timeframe outlined in the order for compliance.

pre-action and non-party disclosure

pre-action disclosure

Purpose: The purpose of pre-action disclosure is to enable a party to obtain necessary information or documents from the other party before commencing formal legal proceedings. This helps in assessing the strength of the potential claim and can facilitate early settlement negotiations.

N244 Form: The N244 form is a standard form used when making an application to the court for various purposes, including pre-action disclosure. It is submitted to the court along with supporting documents, such as a witness statement, outlining the reasons for the request for disclosure.

Grounds for Application: The party seeking pre-action disclosure must demonstrate to the court that the documents or information sought are necessary for the fair resolution of the potential dispute. They must also show that the other party is likely to be in possession of such documents and that disclosure is proportionate to the issues involved.

Content of Application: When completing the N244 form, the applicant must provide details about the nature of the potential claim, the specific documents or categories of documents they are seeking, and the reasons why they are needed. They must also specify any attempts made to obtain the documents informally from the other party.

Service and Response: Once the N244 form and supporting documents are filed with the court, they must be served on the other party. The other party then has an opportunity to respond to the application, either by consenting to the disclosure or by opposing it and providing reasons for their objection.

Court Decision: The court will consider the application, taking into account the grounds presented by both parties. If the court is satisfied that pre-action disclosure is justified and necessary for the fair resolution of the dispute, it may grant an order requiring the other party to disclose the requested documents.

non-party disclosure

Purpose: The purpose of non-party disclosure is to enable a party involved in litigation to obtain relevant documents or information from individuals or entities who are not directly party to the legal proceedings but may possess crucial evidence. This helps ensure that all relevant information is available for a fair resolution of the dispute.

N244 Form: The N244 form is a standard form used to make applications to the court for various purposes, including non-party disclosure. It is filled out by the party seeking disclosure and submitted to the court along with supporting documents, such as a witness statement, outlining the reasons for the request.

Grounds for Application: The party seeking non-party disclosure must demonstrate to the court that the documents or information sought are relevant to the issues in the litigation and that they are not reasonably available from any of the parties involved. The applicant must also show that disclosure is necessary for the fair resolution of the dispute.

Content of Application: When completing the N244 form, the applicant must provide details about the nature of the legal proceedings, the specific documents or categories of documents they are seeking, and the reasons why they are needed. They must also provide information about the non-party from whom disclosure is sought.

Service and Response: Once the N244 form and supporting documents are filed with the court, they must be served on the non-party from whom disclosure is sought. The non-party then has an opportunity to respond to the application, either by consenting to the disclosure or by opposing it and providing reasons for their objection.

Court Decision: The court will consider the application, taking into account the grounds presented by both parties. If the court is satisfied that non-party disclosure is justified and necessary for the fair resolution of the dispute, it may grant an order requiring the non-party to disclose the requested documents.

electronic disclosure

Electronic disclosure, commonly referred to as e-disclosure, encompasses documents stored in electronic format, including those accessible from servers, computer systems, and hard drives. Given the vast quantity of electronic documents that could bear relevance to a claim, the Civil Procedure Rules (CPR) mandate parties to reach an agreement on how to limit the volume of electronic disclosure. This may involve measures such as defining specific keywords, agreeing on categories of documents for disclosure, and determining the manner in which the opposing party will review these documents. E-disclosure typically becomes more prevalent in multi-track claims involving commercial entities, where the volume of potentially relevant documents is substantial. During case management conferences, the court addresses the agreed-upon limitations or boundaries regarding e-disclosure. The court may issue an order specifying these limits or boundaries, if appropriate, or schedule a separate hearing if it deems that e-disclosure necessitates more thorough examination.

Trial

summoning witnesses

Occasionally, one of the parties may harbor concerns regarding the attendance of a witness to provide evidence in court. In such instances, the concerned party has the option to petition the court for a witness summons. A witness summons must be delivered at least seven days before the court date. Failure by the witness to attend could result in a fine or even being held in contempt of court, particularly if the proceedings are taking place in the High Court, which denotes unfair interference with a court case.

preparations for trial

purpose of pre-trial checklists and hearings

As part of the court's commitment to active case management, in fast track and multi-track trials, parties are mandated to complete and file a pre-trial checklist document. This document is submitted by all parties eight weeks prior to the trial date and furnishes the court with the following information:

• Confirmation of compliance with all court-issued directions.
• Determination of any necessary last-minute directions.
• Identification of individuals providing oral, witness, and expert evidence.
• Disclosure of any reliance on expert testimony, including the number of experts involved.
• Specification of who will present the case at trial, whether it be the party themselves, a solicitor, or a barrister.
• Assessment of the accuracy of the trial's time estimate (i.e., the number of days allocated for the trial).

purpose of trial bundles

A trial bundle is a meticulously organized compilation of documents, indexed and paginated, containing all materials referenced by any party during trial proceedings. It's crucial to understand that there exists only one trial bundle for the entire case, encompassing all documents relied upon by each party involved.

Typically, the contents of the bundle are mutually agreed upon by the parties and arranged chronologically, with older documents placed first and the latest documents at the bottom. Different categories of documents are often segregated for ease of reference. For instance, sections may include a chronology, skeleton arguments, witness statements for both the claimant and defendant, correspondence, and so forth.

trial procedure

Opening speeches witnesses examination-in-chief cross-examination re-examination

Closing speech Judgment

the difference between leading and non-leading questions

Non-leading questions are inquiries that do not steer the witness toward a specific answer (for example, "What is your hobby?"). Leading questions, on the other hand, guide the witness toward a particular response (for instance, "You're a man, aren't you?").

Enforcement of money judgments

oral examination

The term 'oral examination' as mentioned in the SQE1 Assessment Specification is now considered outdated. It is currently identified in the CPR as an 'order to obtain information.' In essence, this process serves as a means for a claimant to assess the feasibility of pursuing enforcement action and to determine the most appropriate method of enforcement against a specific defendant.

The procedure entails the claimant completing a notice of application along with the order, specifying the enforcement subject and the amount owed. Subsequently, the defendant is summoned to appear before the court to undergo questioning, under oath, by a court officer. The court officer will inquire about various aspects, including:

• Employment status and income
• Details of owned property
• Information on other valuable assets (such as vehicles or additional properties)
• Bank account particulars and balances

The gathered information is then relayed to the claimant, who can then decide on the course of action to pursue.

procedure and mechanisms for effecting valid enforcement in another jurisdiction

Enforcing judgments against defendants with assets in foreign countries adds complexity to the process. Different rules and procedures apply, requiring the claimant to ascertain the specific enforcement methods applicable in the relevant jurisdiction. SQE1 mandates understanding the fundamental procedure outlined in CPR 74 across various jurisdictions.

This typically involves initially registering the judgment in the country where the defendant's assets are held, followed by utilizing local enforcement methods of that country. In subsequent sections, we will discuss procedures applicable in Scotland, Northern Ireland, Commonwealth countries, and the European Union.

Scotland and Northern Ireland

• Acquiring a certificate of a High Court or County Court money judgment.
• Within six months from the certificate's issuance date, the claimant must apply to the foreign court to register the judgment.
• Subsequently, the judgment will be registered within that jurisdiction, enabling enforcement through one of the methods permitted by Scottish or Northern Irish law.

Commonwealth countries

Enforcing a judgment against a Commonwealth country is regulated either by the Administration of Justice Act 1920 (AJA 1920) for High Court judgments or by the Foreign Judgment (Reciprocal Enforcement) Act 1933 (FJ(RE)A 1933) for County Court judgments.

In order to be enforced in a Commonwealth country, the judgment must be:

• final (ie not subject to appeal);
• for a specific sum;
• registered within six months if using FJ(RE)A 1933;
• registered within 12 months if using AJA 1920.

EU

Following the UK's departure from the EU, the claimant must register the judgment with the pertinent country and subsequently enforce it using one of the available methods specific to that jurisdiction.