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Disputes Diagram - Coggle Diagram

- - - - Grounds
        
        Inadequacy of the disclosure
        
        Search scope
        
        Conditions
        
        (1) Must affect or supports own or party's case
        
        (2)Will enable to resolve, save costs or fair proceedings
        
        (3) Reasonable, Proportionate and just to allow it
    - - Test (Jurisdictional Test)
        
        (1) Likely to support the case of the applicant or adversely affect the case of another parties
        
        (1) Three Rivers v HM Treasury
        
        'Likely to' Probabiliyu
        
        (2) Black v Sumitomo
        
        (3) American Home v Novartis
        
        'likely' meaning 'may well' not as high as more probable than not
        
        (2) Disclosure is necessary in order to dispose fairly of the claim or save costs
- - - - Claims for less than £100k
      - Personal injury of less than 50k
    - - Specific Claims
    - - Highcourt and County Court have concurrent Jurisdiction
    - - Claims falling within the County Court jurisdiction
        
        (1) Financial Value and the amount in dispute
        
        (2) The complexity of the facts, legal issues, remedies or procedures
        
        (3) The importance of the outcome of the claim to the public in general
  - - - Up to £10,000
      - County Court
    - - £10,000- £25,000
      - County Court
    - - Over £25,000 or complex
      - County Court or High Court
    - - £0-£10,000
      - Trial is 3 days
    - - Lower the Track the harder it is to recover costs
      - The higher the track, the more flexible the procedures and longer the pre-trial process
      - The higher the track the more the senior judge
  - - - Part 7 is the usual procedure for civil claims
    - - Issue the claim- proceedings are start when the court issues the claim form Form N1
  - - - Option 1 File Defence
        
        14 days after service of POC
      - Option 2- File Acknowledgment of service 14 days AFTER service of particulars of claim
        File a defence- 28 days after service of the Particulars
        
        Acknowledgement of Service must state whether D intends to defend all or part of the claim and whether D intends to content the court's jurisdiction CPR 10
- - - - CPR 12
        
        D who fails to file an acknowledgement of service or a defence to a claim within the time limits is at risk of having a default judgment entered against it without a hearing...
      - Advantages
        
        Can be used a Weapon for D= Early determination
      - Disadvantages
        
        It is not available if at the time D has a pending application for a Summary Judgment
    - - Respond in time or seek an extention of time where necessary (seek opponent's agreement) can be up to 28 days
      - If C does not agree, D should apply to court for extension
      - Or submit acknowledge at the Default Judgment
  - - - Clements v Berrymans
  - - - Denton three Test
        
        Breach was not serious to set aside even though there was no good reason
        
        Court should consider the overriding objective
        
        Unreasonable action by C;s solicitor