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.

In this chapter, we will examine three distinct approaches to dispute resolution: arbitration, mediation, and litigation. The first two methods fall under the category of alternative dispute resolution (ADR). The section on arbitration will explore its historical roots and development, followed by an assessment of its strengths and weaknesses. We will then delve into the arbitration process, both within domestic and international contexts. Next, we will turn our attention to mediation and its fundamental principles. This increasingly prevalent ADR approach will be evaluated based on its effectiveness in resolving various civil disputes.

A solicitor specializes in dispute resolution should keep in mind that they have a professional obligation to explore various dispute resolution options available to their client when representing them in a matter involving a conflict with a third party. During this process, they should discuss with their client whether alternative dispute resolution (ADR) techniques, such as mediation, may be a better alternative to formal procedures like arbitration or litigation. This requirement was initially included in the Solicitors Regulation Authority's (SRA) Code of Conduct 2011, although it has since been updated. Parties and their legal representatives should bear in mind that the Practice Direction on pre-action conduct encourages the settlement of disputes before litigation commences and mandates the consideration of alternative dispute resolution (ADR). It serves as a reminder that litigation should only be pursued as a last resort. In accordance with the relevant pre-action protocol or Practice Direction, the parties should contemplate whether negotiation or some other form of ADR could facilitate resolution of their dispute prior to commencing legal proceedings. If a party fails to consider ADR, there may be cost sanctions imposed at the conclusion of the litigation. Even if litigation is ultimately chosen as the preferred dispute resolution mechanism, the Civil Procedure Rules and associated Practice Directions require parties to consider the use of ADR. For example, Rule 1.4(2)(e) directs the court to promote the use of ADR if it is deemed appropriate. Rule 26.4 allows the court to stay cases to permit ADR to take place, and the Practice Direction to Part 29 empowers the court to issue directions regarding ADR on its own initiative without requiring a hearing.

Different options for dispute resolution

Alternative dispute resolution is an important option for solving civil disputes and the parties should engage if at all possible. Failure to do so may result in financial sanctions.

Resolving a dispute through a civil claim

preliminary considerations: limitation, pre-action protocols

Limitation: There are time limits for bringing a civil claim, known as the limitation period. The limitation period varies depending on the type of claim, but in most cases, it is six years from the date of the event that caused the dispute. It's important to be aware of the limitation period and ensure that the claim is brought within the prescribed time limit.

Pre-action protocols: Before issuing a claim, parties are expected to follow the relevant pre-action protocol. The pre-action protocol sets out the steps that parties should take before commencing proceedings, including exchanging information and attempting to resolve the dispute through negotiation or alternative dispute resolution (ADR). Failure to comply with the pre-action protocol may result in cost sanctions.

parties and causes of action

In England and Wales, a dispute can be resolved through a civil claim in court. The parties involved in a civil claim can include individuals, businesses, organizations, and government bodies. The party bringing the claim is known as the claimant or plaintiff, while the party defending the claim is known as the defendant.

There are many different causes of action that can give rise to a civil claim in England and Wales. Some common causes of action include:

Breach of contract: When one party fails to fulfill their obligations under a contract, the other party may bring a claim for breach of contract.

Negligence: When one party owes a duty of care to another party and breaches that duty, resulting in damage or loss to the other party, the injured party may bring a claim for negligence.

Defamation: When a person makes a false statement that harms another person's reputation, the injured party may bring a claim for defamation.

Trespass: When a person enters another person's property without permission, the owner of the property may bring a claim for trespass.

Breach of fiduciary duty: When a person who owes a fiduciary duty to another person breaches that duty, resulting in harm or loss to the other person, the injured party may bring a claim for breach of fiduciary duty.

Nuisance: When a person's use or enjoyment of their property is interfered with by another person, the affected party may bring a claim for nuisance.

These are just a few examples of the many causes of action that can give rise to a civil claim in England and Wales. The appropriate cause of action will depend on the specific facts of each case.

In order to bring a civil claim in England and Wales, the claimant must file a claim form with the court and serve it on the defendant. The defendant will then have an opportunity to respond to the claim, and the case will proceed through the court system. Ultimately, the court will make a decision on the merits of the case, based on the evidence presented by both parties.

calculating limitation periods for claims in contract and tort

For claims in contract, the limitation period is usually six years from the date of breach of contract. This means that a claim for breach of contract must be brought within six years of the date when the breach occurred. However, in some cases, the limitation period may be extended to 12 years if the contract is executed as a deed.

For claims in tort, the limitation period is usually six years from the date when the cause of action accrued. This means that a claim for tort must be brought within six years of the date when the damage occurred, or the claimant became aware of the damage. However, in some cases, the limitation period may be shorter. For example, the limitation period for personal injury claims is three years from the date of the accident or injury.

It's important to note that limitation periods can be complex and depend on the specific circumstances of each case. In some cases, the limitation period may be extended or suspended, for example, if the claimant was under a disability or the defendant fraudulently concealed the cause of action. It's therefore important to seek legal advice to determine the limitation period that applies to a particular claim.

In summary, the limitation period for claims in contract is usually six years from the date of breach, while the limitation period for claims in tort is usually six years from the date when the cause of action accrued. However, the limitation period can vary depending on the specific circumstances of each case, and it's important to seek legal advice to determine the appropriate limitation period for a particular claim.

principles and purpose of pre-action protocols governing particular claims and consequences for failure to follow their terms

In English civil litigation, pre-action protocols are sets of rules and procedures that govern the conduct of parties before commencing formal legal proceedings. The purpose of pre-action protocols is to encourage the early resolution of disputes, reduce costs, and promote efficient use of court resources.

The principles underlying pre-action protocols include the duty of parties to communicate with each other in a timely and constructive manner, to exchange information relevant to the dispute, to explore alternative methods of dispute resolution, and to avoid unnecessary litigation.

There are various pre-action protocols that apply to specific types of claims, such as personal injury, construction disputes, professional negligence, and debt claims. Each protocol sets out the specific steps that parties should take before commencing legal proceedings, such as exchanging letters of claim and response, providing relevant documents, and attending pre-action meetings.

If a party fails to follow the terms of a pre-action protocol, there may be consequences in terms of costs and case management. For example, a court may order the defaulting party to pay costs incurred as a result of their failure to comply with the protocol, or may stay or strike out the claim altogether. It is therefore important for parties to be aware of and comply with the relevant pre-action protocols to avoid these potential consequences.

applicable law: mechanisms to determine which country’s laws apply to a contractual or tortious claim issued in the courts of England and Wales

In England and Wales, the applicable law in contractual and tortious claims is determined by the rules of private international law, which are commonly referred to as "the conflict of laws." The conflict of laws rules provide a framework for determining which country's laws should be applied in a case where there is a foreign element involved.

For contractual claims, the applicable law is determined by the Rome I Regulation, which is a European Union regulation that governs the law applicable to contractual obligations in civil and commercial matters. The regulation sets out a number of rules to determine which country's law should apply, based on various factors such as the place of performance of the contract, the nationality or habitual residence of the parties, and the governing law chosen by the parties in the contract.

In tortious claims, the applicable law is determined by the Rome II Regulation, which is another EU regulation that governs the law applicable to non-contractual obligations in civil and commercial matters. The regulation sets out a number of rules to determine which country's law should apply, based on various factors such as the country in which the damage occurred, the country in which the event giving rise to the damage occurred, and the country where the parties are domiciled or habitually resident.

In cases where there is no clear connection with any particular country, the court may apply the common law rules of private international law to determine the applicable law. These rules include the principle of closest connection, which involves considering various factors such as the place of the relevant conduct and the nationality or domicile of the parties to determine which country's law has the closest connection to the dispute.

Overall, the determination of the applicable law can be a complex and fact-specific process, and it is important for parties to seek legal advice to ensure that they are aware of their rights and obligations under the relevant laws.

jurisdiction: mechanisms to determine jurisdiction over an international contractual or tortious claim

In English civil litigation, determining whether a court has jurisdiction over an international contractual or tortious claim involves a number of mechanisms. These mechanisms include the application of the Brussels I Regulation (recast), which is a European Union regulation that governs jurisdiction and the recognition and enforcement of judgments in civil and commercial matters.

Under the Brussels I Regulation, a defendant can be sued in the courts of the Member State where they are domiciled. This is known as the principle of domicile jurisdiction. If the defendant is not domiciled in an EU Member State, jurisdiction may be determined by other factors, such as the place where the contract was performed or the place where the harmful event occurred.

In addition to the Brussels I Regulation, the English courts may also apply common law principles to determine jurisdiction. This involves considering various factors such as the connection of the dispute to England and Wales, the convenience of the parties and witnesses, and the availability of an alternative forum.

Furthermore, parties may agree on the jurisdiction of a particular court in their contract. In this case, the English courts will generally uphold the parties' choice of jurisdiction, unless there are exceptional circumstances that would make it unreasonable to do so.

Once a court has been determined to have jurisdiction, it will have the power to hear and determine the dispute. However, the court may also stay the proceedings if it is more appropriate for the dispute to be heard in another jurisdiction.

Overall, determining jurisdiction over an international contractual or tortious claim in English civil litigation involves a careful analysis of various factors and the application of both EU and common law rules. Parties should seek legal advice to ensure that they understand their rights and obligations under the relevant laws.

Where to start proceedings

allocation of business between the High Court and the county court

In England, both the High Court and County Court have jurisdiction over civil cases. The allocation of business between the two courts is determined by the value and complexity of the claim.

Generally speaking, the County Court will handle less complex cases with a lower value of up to £100,000. This includes matters such as small claims, debt recovery, and personal injury cases. The High Court, on the other hand, deals with more complex cases, higher-value cases exceeding £100,000, and cases involving specialized areas of law such as intellectual property, insolvency, and judicial review.

Additionally, there are specific divisions of the High Court that deal with certain types of cases, such as the Chancery Division which handles disputes involving trusts, property, and company law, and the Queen's Bench Division which deals with contract and tort disputes, among others.

It's worth noting that some cases may be commenced in either the High Court or County Court, and the choice of court will depend on a number of factors including the complexity and value of the claim, as well as the preference of the parties involved.

jurisdiction of the specialist courts

In addition to the High Court and County Court, there are several specialist courts in England that have jurisdiction over specific areas of law. These courts include:

The Chancery Division: This division of the High Court deals with cases involving trusts, probate, insolvency, and company law.

The Queen's Bench Division: This division of the High Court deals with cases involving contract and tort disputes, defamation, and judicial review.

The Family Division: This division of the High Court deals with cases involving family law, such as divorce, child custody, and adoption.

The Commercial Court: This division of the High Court deals with international trade disputes, shipping, and insurance matters.

The Technology and Construction Court: This division of the High Court deals with disputes related to construction, engineering, and technology.

The Patents Court: This division of the High Court deals with disputes related to patents, trademarks, and other intellectual property rights.

Each of these specialist courts has its own set of rules and procedures, and the judges who preside over them typically have expertise in the relevant area of law. By having specialist courts, the English legal system is able to ensure that cases are heard by judges with the appropriate knowledge and experience, which can lead to more efficient and effective resolution of disputes.

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.