5 single best answer questions on Dispute Resolution, written to the SRA specification. Pick an answer, then open the explanation: the correct option, why each of the others fails, and the authority behind it. No sign-up.
Civil litigation from the choice between litigation, arbitration and mediation to enforcement: pre-action conduct, where to issue, issuing and serving, responding to a claim, statements of case, interim applications, case management, evidence and disclosure, trial, costs and Part 36 offers, and appeals.
Questions follow a claim through its stages and ask for the next step, the deadline or the order the court will make. Knowing a rule roughly is rarely enough: the options often differ only by a number of days or by who may apply.
Question 1
Time limits for responding to a claimHarder
A construction company issued a claim form in the High Court against an engineering consultancy for £400,000 for negligent design. The claim form stated that the particulars of claim would follow, and the claim form alone was deemed served on the consultancy on 2 May. The consultancy's solicitor filed an acknowledgement of service at court on 10 May, indicating an intention to defend the whole claim. The particulars of claim, running to 40 pages with technical appendices, were served on 1 June. On 20 June the solicitors for the two parties agreed in an exchange of emails that the consultancy should have a further 14 days in which to file its defence, and the consultancy's solicitor wrote to the court the same day notifying it of the agreement. Neither party has applied to the court for any order.
By when must the consultancy file its defence?
Show the answer and explanationAnswer D+
D
Correct answer
13 July, being 28 days after service of the particulars plus the agreed extension.
Time ran from service of the particulars of claim; an acknowledgement of service gave 28 days, and the parties' 14-day agreed extension was within the permitted maximum.
28 days from service of the particulars on 1 June expired on 29 June; the agreed 14-day extension, notified to the court in writing, extends the deadline to 13 July.
28 days from 1 June gives 29 June; the validly agreed 14-day extension, of which the court was notified, takes the date to 13 July.
CPR r 15.5 — The parties may agree to extend the time for service of the defence for no more than 28 days, the defendant notifying the court in writing.
Rule card
Particulars to follow: respond after particulars served. Defence 14 days (or 28 with acknowledgement of service); parties may agree up to 28 days more with written notice to the court.
Why the other options fail
A
Surface reading
16 May, being 14 days after deemed service of the claim form.
Where the claim form indicates that the particulars will follow, the defendant need not respond until the particulars are served.
CPR r 10.3 — Where the claimant serves the particulars of claim with the claim form, the defendant has 14 days after service of the claim form to respond.
B
Right outcome, wrong reasonClosest alternative
13 July, but only if the court makes an order approving the parties' agreement.
An agreed extension of up to 28 days requires only written notification to the court, not an order.
Ruled out by: The consultancy's solicitor wrote to the court notifying it of the agreement, which is all that is required; no court order is needed for an agreed extension of 14 days.
CPR r 15.5 — Where the parties agree to extend the period of time for filing a defence, the defendant must notify the court in writing.
C
Civil-law intuition
29 June, because the time for filing a defence cannot be extended by agreement between the parties.
The parties may agree an extension of up to 28 days provided the court is notified in writing, which happened here.
CPR r 15.5 — Where the parties agree to extend the period of time for filing a defence, the defendant must notify the court in writing.
E
Adjacent rule
15 June, since the acknowledgement of service was filed before the particulars of claim were served.
An acknowledgement of service filed under Part 10 attracts the 28-day period; nothing turns on its being filed before the particulars.
CPR r 15.4(b) — If the defendant files an acknowledgement of service under Part 10, the defence must be filed 28 days after service of the particulars of claim.
Question 2
Interim paymentsMedium
A cyclist was struck by a lorry and suffered multiple fractures. Proceedings claiming £250,000 have been issued in the County Court and served. The lorry owner's insurers wrote before proceedings admitting liability in full but disputing the amount of the claim; an acknowledgment of service has been filed indicating an intention to defend as to quantum only, and the defence is not due for another two weeks. The insurers made a voluntary payment of £15,000 last year. The cyclist has since paid £8,000 in medical experts' fees and £2,000 on account of her solicitor's charges. She is unable to work, needs to adapt her bathroom and to fund a course of private physiotherapy, and the trial is unlikely to take place for at least 18 months. Her solicitor is considering an application for an interim payment.
Which of the following best describes the cyclist's position as to obtaining an interim payment?
Show the answer and explanationAnswer A+
A
Correct answer
An interim payment may be ordered now, but only on account of damages and not the costs already incurred.
An interim payment is available before trial but is a payment on account of damages only; costs are excluded by statute.
Liability is admitted and proceedings are pending, so an application may be made now; but the sum ordered can only be on account of the damages the defendant may be held liable to pay, and the £8,000 experts' fees and £2,000 of solicitor's charges are costs, which the statutory definition excludes.
An interim payment is a payment on account of damages, debt or other sum which the defendant may be held liable to pay, expressly excluding costs.
County Courts Act 1984, s.50(1) and (5) — Rules of court may empower the court to order an interim payment, being a payment on account of any damages, debt or other sum (excluding any costs) which the party may be held liable to pay if final judgment is given against it.
Senior Courts Act 1981, s.32(5) — The equivalent High Court definition likewise excludes costs.
Rule card
Interim payment = payment on account of damages/debt/other sum, excluding costs; available in High Court (SCA 1981 s.32) and County Court (CCA 1984 s.50).
Why the other options fail
B
Adjacent ruleClosest alternative
The £8,000 of experts' fees may be included, as it forms part of the sum the defendant may be held liable to pay.
The statutory definition of an interim payment expressly excludes costs, so incurred disbursements and solicitor's charges cannot be the subject of an interim payment.
Ruled out by: The £8,000 paid to medical experts is costs, and the statutory definition of an interim payment expressly excludes costs.
County Courts Act 1984, s.50(5) — "Interim payment" means a payment on account of any damages, debt or other sum excluding any costs.
C
Adjacent rule
The application must be made in the High Court, as the County Court has no power to order interim payments.
The County Court has an equivalent statutory power, exercisable under rules of court, so proceedings need not be transferred.
County Courts Act 1984, s.50(1) — Provision may be made by rules of court enabling the County Court to order a party to make an interim payment.
D
Surface reading
No interim payment may be ordered until judgment on liability has been given, because the sum payable is not yet established.
The whole purpose of the interim payment jurisdiction is to order a payment on account of a sum the party may be held liable to pay if judgment is later given in the other party's favour.
County Courts Act 1984, s.50(5) — An interim payment is a payment on account of a sum which the party may be held liable to pay if a final judgment or order is later given in favour of the other party.
E
Adjacent rule
No application may be made until the defendant has filed its defence.
The jurisdiction depends on proceedings being on foot and the prescribed conditions being met, not on a defence having been filed.
Senior Courts Act 1981, s.32(1) — Rules of court may enable the court, in such circumstances as may be prescribed, to order an interim payment as regards proceedings pending in the court.
Question 3
Orders for disclosureMedium
A claimant on the multi-track received the defendant's list of documents in Form N265. It referred to no emails, although the defendant's staff corresponded by email throughout the events in dispute. The emails sit on servers operated by an outside IT contractor, which the defendant is entitled to have copied. The claimant wrote explaining fully why the emails should be disclosed. The defendant did not reply.
Which order should the claimant now apply for?
Show the answer and explanationAnswer B+
B
Correct answer
Specific disclosure, including an order that a search be carried out.
A party who considers the other side's disclosure inadequate applies under rule 31.12 for specific disclosure, which can require a search.
The claimant has already made the written request explaining why the emails should be disclosed and has had no reply. Rule 31.12(2) permits an order that specified documents or classes be disclosed, that a search be carried out to the stated extent, and that any documents so located be disclosed.
Where a party considers another party's disclosure inadequate, rule 31.12 allows an order that specified documents or classes be disclosed, that a search be carried out to a stated extent, and that documents found be disclosed.
CPR 31.12(2) — Sets out what an order for specific disclosure may require, including a search to the extent stated in the order.
PD 31A para 5 — Guidance on applications for specific disclosure following an unanswered written request.
Rule card
Inadequate disclosure → written request → application under r 31.12 for specific disclosure (disclose specified documents / search / disclose what the search finds). Specific inspection is for documents already referred to.
Why the other options fail
A
Adjacent rule
An order requiring the defendant to permit inspection within seven days of the claimant's written notice.
The seven-day period operates only where a party has a right to inspect a document that has been disclosed; nothing has been disclosed here.
CPR 31.15 — A party with a right to inspect must give written notice, and the disclosing party must permit inspection not more than seven days after receipt.
C
Adjacent ruleClosest alternative
Specific inspection of the emails, as documents referred to in the defendant's list of documents.
Specific inspection concerns a document referred to in rule 31.3(2); these emails have not been disclosed at all, so disclosure, not inspection, is the issue.
Ruled out by: The defendant's list referred to no emails at all, so there is nothing already disclosed for an inspection order to bite on.
CPR 31.12 — An order for specific inspection is an order that a party permit inspection of a document referred to in rule 31.3(2).
D
Surface reading
An order that the defendant serve a further list of documents verified by a disclosure statement.
Rule 31.10(4) governs the content of a list; the rule providing a remedy for inadequate disclosure is rule 31.12.
CPR 31.10(4) — The list must indicate documents in respect of which a right or duty to withhold inspection is claimed and documents no longer in the party's control.
E
Right outcome, wrong reason
An order for disclosure against the IT contractor, as the person who actually holds the emails.
The defendant is entitled to have the emails copied, so they are within the defendant's control and no order against the contractor is needed.
CPR 31.8 — A party has control of a document where there is a right to inspect or take copies of it.
Question 4
Inter-partes costs orders (interim and final)Medium
On 10 April a claimant obtained judgment at trial in a multi-track claim, with an order that the defendant pay the claimant's costs, to be subject to detailed assessment if not agreed. The sealed order was served on the defendant's solicitors on 20 April and the defendant paid £25,000 on account of costs within 14 days of the judgment. The parties then negotiated the amount of the claimant's costs without success until August. The defendant's solicitors have asked how long they will have to respond once the bill arrives. The claimant's solicitors now wish to know their own deadline for starting detailed assessment proceedings.
By when must the claimant commence detailed assessment proceedings?
Show the answer and explanationAnswer D+
D
Correct answer
Within three months of the date of the judgment which gave the right to detailed assessment
Detailed assessment must be commenced within three months of the date of the judgment or order giving the right to it.
Judgment with the costs order was given on 10 April, so the notice of commencement with the bill must be served within three months of that date. Service of the sealed order, the payment on account and the failed negotiations do not alter the trigger date.
Detailed assessment proceedings are commenced by serving a notice of commencement with a copy of the bill, and that must be done within three months of the date of the judgment or order, here 10 April.
CPR 47.7 — Three months from the date of the judgment or order to commence detailed assessment.
Rule card
CPR 47.7: commence within three months of the judgment or order. CPR 47.9: points of dispute within 21 days of the notice of commencement. CPR 47.8: on default, the paying party may apply to compel commencement and interest may be disallowed.
Why the other options fail
A
Adjacent rule
Within 21 days of the date of the judgment
Twenty-one days is the period for the paying party to serve points of dispute after service of the notice of commencement, not the period for commencing assessment.
CPR 47.9 — Points of dispute must be served within 21 days after service of the notice of commencement.
B
Surface reading
Within three months of the date on which the payment on account of costs was made
The period for commencing detailed assessment runs from the date of the judgment or order giving the right to detailed assessment under CPR 47.7, not from the date an interim payment on account is made.
CPR 47.7 — Detailed assessment proceedings must be commenced within three months after the date of the judgment, direction, order, award or other determination.
C
Surface reading
Within three months of the parties' failure to agree the amount of costs
Negotiations do not extend or restart the period; the trigger is the judgment or order itself.
CPR 47.7 — Time runs from the date of the judgment or order giving the right to detailed assessment.
E
Surface readingClosest alternative
Within three months of the date on which the sealed order was served on the defendant's solicitors
The period runs from the date of the judgment or order giving the right to detailed assessment, not from service of the sealed order.
Ruled out by: Time runs from the date of the judgment, 10 April, not from service of the sealed order on 20 April.
CPR 47.7 — Detailed assessment proceedings must be commenced within three months of the date of the judgment, direction, order, award or other determination.
Question 5
Oral examinationobtaining information from judgmentdebtorMedium
Judgment was entered against an individual on 4 March for £18,000, the order requiring payment within 28 days. Nothing has been paid, and the judgment creditor has as yet taken no enforcement step of any kind. On 20 March the judgment debtor wrote disputing the amount of the judgment but has made no application to the court. The judgment creditor's file note records that the judgment will remain enforceable for years to come. Today is 15 April.
When may the judgment creditor apply for an order requiring the judgment debtor to attend court to provide information?
Show the answer and explanationAnswer E+
E
Correct answer
Now, because the 28 days specified for payment in the judgment order have expired and the debt remains unpaid.
A judgment creditor may apply for an order to obtain information once the period fixed for compliance in the order has expired and the debt remains unpaid.
The order fixed 28 days from 4 March for compliance, which expired on 1 April. Nothing having been paid, the debt is now presently owed and unsatisfied, entitling the creditor to apply under CPR Part 71.
The 28 days allowed for payment expired on 1 April without payment. Under CPR 71.2(1), the creditor may now apply for an order requiring the debtor to attend court to provide information, stating the amount presently owed.
CPR 71.2(1) — Authorises an application for an order requiring a judgment debtor to attend court to provide information to enable enforcement.
CPR 40.11 — Specifies that the judgment debtor must comply within 14 days unless the order specifies a different date.
Rule card
A judgment debtor must pay within 14 days unless the order specifies a different date (CPR 40.11). Once the date for compliance passes unsatisfied, the creditor may apply without notice under CPR 71.2(1) for an order requiring the debtor to attend court to provide information.
Why the other options fail
A
Adjacent rule
From 18 March, because the standard time for compliance with a money judgment under CPR 40.11 is 14 days from entry of judgment.
CPR 40.11 sets 14 days as the default compliance time only where the judgment or order does not specify a different date; here the order expressly allowed 28 days, so no default arose on 18 March.
CPR 40.11 — A party must comply with a judgment for the payment of money within 14 days, unless the judgment specifies a different date for compliance.
B
Adjacent rule
Now, but only by an application on notice to the judgment debtor giving at least 14 days' notice of the application.
Under CPR 71.2(2)(a), an application for an order requiring a judgment debtor to attend court to provide information may be made without notice.
CPR 71.2(2)(a) — An application under paragraph (1) may be made without notice.
C
Adjacent rule
Only after the court determines the debtor's dispute, because an active dispute suspends enforcement of the judgment.
Writing to dispute the judgment amount does not operate as a stay under CPR 40.11(c); in the absence of an order of the court staying the judgment, enforcement may proceed once the time for compliance has expired.
CPR 40.11(c) — A party must comply with a judgment for the payment of money unless the court has stayed the proceedings or judgment.
D
Civil-law intuitionClosest alternative
Immediately upon entry of judgment on 4 March, because a judgment debt is payable and enforceable as soon as judgment is entered.
Because the order gave the debtor 28 days to pay, the judgment debt was not overdue on 4 March; enforcement steps and applications requiring disclosure of debt presently owed cannot precede the expiry of the compliance period.
Ruled out by: The order explicitly gave 28 days for compliance, so the sum was not overdue or presently in default immediately upon entry on 4 March.
CPR 71.2(1) — The application notice must state the amount presently owed under the judgment or order.
Where candidates lose marks in Dispute Resolution
The claimant meets the four-month limit by taking the step required for service — posting, for example — within four months of issue (CPR 7.5), but the defendant's time runs from deemed service: the defence is due 14 days after service of the particulars of claim, or 28 days if an acknowledgment of service is filed (CPR 15.4).
A defendant who wants to dispute jurisdiction must acknowledge service and apply within 14 days of filing that acknowledgment; otherwise it is treated as accepting the court's jurisdiction (CPR 11).
Part 36 consequences depend on who made the offer and on whether the judgment is better or worse for the offeree than the offer — read the facts for both before choosing.