Pure Psychiatric Harm Criteria PDF

Pure Psychiatric Harm - Criteria Must be either a: Primary or S Key Principles A duty can be discharged by t Adequate Plant & Material...

Pure Psychiatric Harm - Criteria Must be either a: Primary or S Key Principles A duty can be discharged by t Adequate Plant & Material Employer is under a duty to p Competent Fellow Employees Employer must ensure that em A safe system of work Employer must provide a safe Provision of a safe place to work Extends to stress at work Hat Vicarious Liability - Criteria Worker must be an employee Vicarious Liability - (3) Tort Committed in the Course of Employment Tort must have been committ Damages for Death - Deceased Claimant Law Reform (Misc. Prov) Act 1 Damages for Death - Fatal Accidents Act 1974 (Criteria) Allows for claims to be brough Damages for Death - Fatal Accidents aCT 1974 (2) - Calculation Multiplicand deceaseds net an Damages for Personal Injury Non-Pecuniary pain and suffe Remedies in Tort - Types Damages General: cannot be Occupiers Liability - Visitors - C must prove! Loss suffered due to the state Occupiers Liability - Visitors - Duty of Care Common duty duty to take ca Occupiers Liability - Visitors - Types of Visitors (Children) Children Glasgow Corp v Taylo Occupiers Liability - Visitors - Types of Visitors (Skilled Visitors) Occupiers expect the skilled v Occupiers Liability - Visitors - Escaping liability (Warnings) Must be adequate and sufficie Occupiers Liability - Visitors - Escaping liability (independent contractors) If the injury results from the Occupiers Liability - Visitors - Defences Consent Exclusion of liability e Occupiers Liability - Trespassers - Duty (existence & scope) The occupier must: - be awar Occupiers Liability - Trespassers - Breach of the Duty Warning notices are often ina Occupiers Liability - Trespassers - Defences Contributory negligence Cons Product Liability - Principles in Negligence - Duty of Care manufacturer owes a duty of Product Liability - Principles in Negligence - Breach Courts could infer a breach be Product Liability - Principles in Negligence - Causation There must be a clear nexus b Product Liability - Principles in Negligence - Damages & Defences Damages Must be reasonably Principles of CPA 1987 - Overview Imposes strict liability for dea Principles of CPA 1987 - Who can sue? Anyone who suffers damages Principles of CPA 1987 - Who can be sued? Producers Own branders of th Principles of CPA 1987 - What is considered a product? Goods, electricity, component Principles of CPA 1987 - Defect occurs if the safety is not suc Principles of CPA 1987 - Defences defect attributable to complia Principles of CPA 1987 - Limitation Must be brought within 3 yea Claims for Pure Economic Loss Arising from a Negligent Act or Misstatement (General Rule) A claimant cannot recover for Claims for Pure Economic Loss Arising from a Negligent Act or Misstatement (General Rule - Execeptions) Negligent actD damages the p Private Nuisance - Overview Hunter v Canary Wharf: 1. Nu Private Nuisance - Unlawful Inteference Interference with C use and e Private Nuisance - who can sue and be sued? Only a person with the exclus Private Nuisance - Defences Effective (liability escaped) pr Private Nuisance - Remedies Damages Injunction Abateme Public Nuisance - Elements Conduct that materially affect Rylands v Fletcher - Elements D brings something to the lan Rylands v Fletcher - Defences Unforeseebale act of a strang Business Organisational Characteristics - Sole Trader Run the business alone and a Business Organisation - Legal Personality A company is a separate lega Business Organisation - Limited Liability (Disapplying separate legal personality) Court may hold owners and/o Business Organisation - Limited Liability (maintenance of capital) Share capital must be reserve Business Organisation - Limited Liability (transparency) Companies must make availa Forming Partnership/LLP - General There is no legal requirement Forming Partnership/LLP - Naming a Partnership Likely to first carry out search Forming Partnership/LLP - Registering Partnership Must register for income tax a Forming Partnership/LLP - Types - Fixed Term Partnership Can only be ended in accorda Forming Partnership/LLP - Types - Indefinite Partnership Can be ended at any time by Forming Partnership/LLP - Partnership Agreement - sharing profits and loss implied can be deviated from Forming Partnership/LLP - Partnership Agreement - Management of the company implied can be deviated from Forming Partnership/LLP - Partnership Agreement - salary No entitlement to remuneratio Forming Partnership/LLP - Partnership Agreement - admitting new partners Must be with the unanimous c Forming Partnership/LLP - Partnership Agreement - removing partners It is not specifically included i Incorporating A Company - Constitutional Documents - overview Required: Memorandum of as Incorporating A Company - Constitutional Documents - memorandum of association A simple document providing Incorporating A Company - Constitutional Documents - Articles of Association (general overview) They must be registered at CH Incorporating A Company - Constitutional Documents - statutory requirements Company must submit to the Incorporating A Company - companies house filing requirements Defaulting in the filing can res Finance - Accounting Requirements - account reference date The ARD is the last day of the Finance - Accounting Requirements - Filing financial records All private and public compan Finance - Accounting Requirements - Filing financial records (Small companies) A company is considered “sm Finance - Accounting Requirements - retaining financial documents Private companies: 3 years fr Finance - Financial Records & Information (profit & loss account) Shows revenue, costs and ho Finance - Financial Records & Information (balance sheet) Accounting document which p Business Organisational Characteristics - Partnerships General Overviewrelationship Finance - Accounting Requirements - Content Must include: entries showing Consent - Requirements C had full knowledge of the n Consent - Difference Activities Sporting activities: spectators Illegality - Requirements C was involved in an illegal en Contributory Negligence - Behaviour Considered (Children) Liability of children cannot be Contributory Negligence - Behaviour Considered (Rescuers) Can only be applied if D had a Contributory Negligence - Behaviour Considered (Employees) A noisy or dull or repetitive w Contributory Negligence - Behaviour Considered (Agony of the moment) Jones v Boyce: D, coach owne Contributory Negligence - Damages Fromm v Butcher: scale of re Necessity not a defence used in neglige Business Organisation - Limited Liability (General) Liability is limited to any unpa Finance - Funding Options - Debt Types: Overdraft: suitable for Finance - Funding Options - Equity (general) Issuing of shares in return for Finance - Funding Options - Equity (classes of shares - general) Ordinary shares: allowed to v Finance - Funding Options - Equity (classes of shares - variation) articles with a variation clause Finance - Funding Options - Equity (allotment and issue of shares - differences) Allotment = person acquires t Finance - Funding Options - Equity (allotment and issue of shares - directors power to allot) Can only do so if they have b Finance - Funding Options - Equity (private company with one class of shares) Before 01.10.09: directors wi Finance - Funding Options - Equity (companies where s550 does not apply) Authority can last for a maxim Finance - Types of Security - Mortgage Transfers title of the asset to Finance - Types of Security - Charge (overview) Granted the lender an equitab Finance - Types of Security - Charge - Types (fixed) taken over a specific identifiab Finance - Types of Security - Charge - Types (floating) floats over assets that fluctua Finance - Types of Security - Charge - Types (debentures) Legal document that creates a Finance - Types of Security - Lien A right to physically possess t Finance - Types of Security - Negative Pledge Protection of a floating charge Finance - Types of Security - Guarantees an enforceable promise by a t Finance - Distribution of Profits & Gains - Dividends (restrictions on distributions) Directors cannot lawfully pay Finance - Distribution of Profits & Gains - Dividends (accumulated and realised profits) distribution must be made ou Finance - Distribution of Profits & Gains - Dividends (unlawful distributions) if a dividend is deemed unlaw Finance - Distribution of Profits & Gains - other potential uses of profits Re-investment Share buy-bac Finance - Distribution of Profits & Gains - other potential uses of profits - Share Buy Back (general) Where the company buys bac Finance - Distribution of Profits & Gains - other potential uses of profits - Share Buy Back (buy back options) the shares must be fully paid Finance - Distribution of Profits & Gains - other potential uses of profits - Share Buy Back (ways to buy back) Small amount of cash: the am Corporate Governance - Members - Directors - Duties, Powers & Rights (general duties) Duty to act within the compan Corporate Governance - Members - Directors - Duties, Powers & Rights - Transactions that require shareholder approval (substantial property transaction) Where a company acquires or Corporate Governance - Members - Directors - Duties, Powers & Rights - Transactions that require shareholder approval - Loans to Directors (general) resolution must be used to ap Corporate Governance - Members - Directors - Duties, Powers & Rights - Transactions that require shareholder approval - Loans to Directors (exceptions) Up to £50,000 for a directors Corporate Governance - Members - Directors - Appointment Private companies: must have Corporate Governance - Members - Directors - Removal - By Company (procedure) General meeting must be held Corporate Governance - Members - Directors - Removal - By Company (issues) if board of directors refuse to Corporate Governance - Members - Directors - Removal - By Court (grounds) conviction of an indictable off Corporate Governance - Members - Directors - Removal - By Court (determining unfitness) director was or is a director o Corporate Governance - Members - Directors - Removal - Self Undertaking Secretary of State for Busines Corporate Governance - Members - Directors - Removal - Automatic Disqualifications by Articles bankruptcy Mentally ill When Corporate Governance - Members - Shareholders - Duties, Powers & Rights - statutory rights share certificates: entitled to Corporate Governance - Members - Shareholders - Duties, Powers & Rights - statutory rights (Changes to PSC register) Change to PSC register and n Corporate Governance - Members - Shareholders - Duties, Powers & Rights - Rights Entitle to receive notice of ge Corporate Governance - Members - Shareholders - Duties, Powers & Rights - Voting They have a right to appoint p Corporate Governance - Members - Shareholders - Duties, Powers & Rights - Statement of Capital & Inspection of Documents May request a copy of: the co Corporate Governance - Members - Shareholders - Minority Protection - Unfair Prejudice (overview) Can be based in past, present Corporate Governance - Members - Shareholders - Minority Protection - Unfair Prejudice (grounds) Company’s affairs are being, Corporate Governance - Members - Shareholders - Minority Protection - Unfair Prejudice (remedy) Petitioning shares to be purch Corporate Governance - Members - Shareholders - Minority Protection - Unfair Prejudice (examples) shares transferred or allocate Corporate Governance - Members - Shareholders - Minority Protection - Derivative Claim (overview) Conduct amounting to fraud o Corporate Governance - Members - Shareholders - Minority Protection - Derivative Claim (grounds) action arising from actual or p Corporate Governance - Members - Shareholders - Minority Protection - Derivative Claim (remedies) Remedy is awarded to the com Corporate Governance - Members - Shareholders - Minority Protection - Derivative Claim (procedure) Shareholder must seek permi Corporate Governance - Decision-Making & Meetings - Procedural - Board Meetings (overview) Director must give reasonable Corporate Governance - Decision-Making & Meetings - Procedural - Board Meetings (quorum) all directors must attend, the Corporate Governance - Decision-Making & Meetings - Procedural - Board Meetings (voting & filing) resolutions will be passed if a Corporate Governance - Decision-Making & Meetings - Procedural - Board Meetings (written resolutions) a copy is sent to every eligibl Corporate Governance - Decision-Making & Meetings - Procedural - General Meetings (calling) Directors may call a general m Corporate Governance - Decision-Making & Meetings - Procedural - General Meetings (notice) must be given to all sharehold Corporate Governance - Decision-Making & Meetings - Procedural - General Meetings (quorum) At least 2 shareholders must Corporate Governance - Decision-Making & Meetings - Procedural - General Meetings (voting) Can be by show of hands or a Corporate Governance - Decision-Making & Meetings - Procedural - General Meetings (written resolutions) cannot be used to dismiss a d Corporate Governance - Decision-Making & Meetings Copies of all special resolution Corporate Governance & Compliance - Documentary & Record-Keeping - Registers company must at their offices Corporate Governance & Compliance - Statutory Filing & Disclosure Requirements must be sent 9 months after Corporate Insolvency - Directors Liability - Wrongful Trading Occurs when at some time be Corporate Insolvency - Directors Liability - Fraudulent Trading Carrying on business with the Corporate Insolvency - Fixed Asset Receivership Secured creditor appoints a re Corporate Insolvency - Administration - Overview primary aim is to rescue the c Corporate Insolvency - Administration - Overview (Hierarchy of objectives) Rescue the company as a goin Corporate Governance & Compliance - Documentary & Record-Keeping - Accounting & Tax Records records must be adequate Mu Corporate Governance - Members - Shareholders - Minority Protection - Winding Up Petition on Just & Equitable Grounds management deadlock Inabili Corporate Governance - Members - Shareholders - Duties, Powers & Rights - Majority Rule Where there is a disagreemen Finance - Distribution of Profits & Gains - Dividends (distribution procedure) Recommendation: directors re Corporate Insolvency - Administration - Routes (court) Court may only make an orde Corporate Insolvency - Administration - Routes (out of court) if the company is subject to a Corporate Insolvency - Administration - Procedures attempt to rescue the compan Corporate Insolvency - Liquidation - Voluntary (overview) company negotiates with thei Corporate Insolvency - Liquidation - Voluntary (procedure) Directors take advice from an Corporate Insolvency - Liquidation - Compulsory (overview) A creditor makes an applicatio Corporate Insolvency - General Under Section 122 and 123 o Corporate Insolvency - Liquidation - Voluntary (Creditors) initiated by the company thro Corporate Insolvency - Liquidation - Voluntary (Members) only available if the company Corporate Insolvency - Clawback of Assets for Creditors - Challengeable Transactions (general) Successfully challenged trans Corporate Insolvency - Clawback of Assets for Creditors - Challengeable Transactions - What Can Be Challenged (transactions at an undervalue) gift or sale of a company asse Corporate Insolvency - Clawback of Assets for Creditors - Challengeable Transactions - What Can Be Challenged (preferences) it is unfair or improper advan Corporate Insolvency - Clawback of Assets for Creditors - Challengeable Transactions - What Can Be Challenged (floating charges) Where an unsecured creditor Corporate Insolvency - Clawback of Assets for Creditors - Order of Priority for Distribution to Creditors (statutory rules) Order of priority: Expenses of Corporate Insolvency - Clawback of Assets for Creditors - Order of Priority for Distribution to Creditors - Exception to Statutory Rules - Fixed Charge Holders Will be paid ahead of the liqui Corporate Insolvency - Clawback of Assets for Creditors - Order of Priority for Distribution to Creditors - Distribution of Assets Priority: Liquidators cost and Personal Insolvency - Individual Voluntary Arrangement (IVA) - Procedure In the following order: Propos Personal Insolvency - Bankruptcy - Overview majority are discharged after Personal Insolvency - Bankruptcy - Test The debt is payable immediat Personal Insolvency - Bankruptcy - Procedure - Debtors Application (where to apply) Adjudicator in the Insolvency Personal Insolvency - Bankruptcy - Procedure - Debtors Application (grounds) adjudicator has jurisdiction to Personal Insolvency - Bankruptcy - Procedure - Creditors Application (rule) One or more of an individuals Personal Insolvency - Bankruptcy - Procedure - Creditors Application (threshold & conditions) All of the following must apply Personal Insolvency - Bankruptcy - Procedure - Creditors Application (proving insolvency) One of the two must apply: T Personal Insolvency - Bankruptcy - Procedure - Creditors Application (procedure) Creditor presents bankruptcy Personal Insolvency - Bankruptcy - Procedure - Creditors Application (Official Receiver) An official receiver (taking on Personal Insolvency - Bankruptcy - Bankrupts Estate (Excluded Assets) items needed for work or tool Personal Insolvency - Bankruptcy - Clawback of Assets (transactions at an undervalue) includes gifts and is 5 years p Personal Insolvency - Bankruptcy - Clawback of Assets (preferences) 6 months before date of bank Personal Insolvency - Bankruptcy - Order of Distribution Secured creditors bankruptcy Taxation - Income Tax - Chargeable Persons/Entities - Employees applies to company directors Taxation - Income Tax - Chargeable Persons/Entities - Sole Traders & Partners subject to tax on any taxable Taxation - Income Tax - Chargeable Persons/Entities - Shareholders dividends are subject to incom Taxation - Income Tax - Chargeable Persons/Entities - Lenders & Debenture Holders interest on loads are subject t Taxation - Income Tax - Basis of Charges - Main Reliefs - Sole Traders & Partners (deduction of expenses) Income related expenses incu Taxation - Income Tax - Basis of Charges - Main Reliefs - Sole Traders & Partners (capital allowances) Tax approved depreciation for Taxation - Income Tax - Basis of Charges - Main Reliefs - Sole Traders & Partners (first-year allowances) 100% first year allowance ava Taxation - Income Tax - Basis of Charges - Main Reliefs - Sole Traders & Partners (annual investment allowance) 100% tax deduction on plants Taxation - Income Tax - Basis of Charges - Main Reliefs - Sole Traders & Partners - Writing Down Allowance - Pools (main) Enjoy 18% per year on a redu Taxation - Income Tax - Basis of Charges - Main Reliefs - Sole Traders & Partners - Writing Down Allowance - Pools (special rate) Lifelong assets, integral featu Taxation - Income Tax - Scope of Anti-Avoidance Provisions Targeted Anti Avoidance Rules Taxation - Income Tax - Tax Returns filed no later than 31 January Taxation - Income Tax - Arriving at the Taxable Income - Income Tax (net income) In order to determine: Gross Taxation - Income Tax - Arriving at the Taxable Income - Income Tax (taxable income & personal allowance - standard) Personal allowance is £12,750 Taxation - Income Tax - Arriving at the Taxable Income - Income Tax (taxable income & personal allowance - above 100k) For income above £100,000, Taxation - Income Tax - Arriving at the Taxable Income - Income Tax - Marriage Allowance (conditions) Couple must be married or in Taxation - Income Tax - Tax on Different Incomes - Non-Savings Income Basic rate band (20%): 1-37, Taxation - Income Tax - Tax on Different Incomes - Savings Income (personal savings allowance) Basic rate: £1000 tax free Hig Taxation - Income Tax - Tax on Different Incomes - Savings Income (tax) 0%: £0-£5000 20%: £5,001- Taxation - Income Tax - Tax on Different Incomes - Dividend Income (rates) Taxed after non-savings incom Taxation - Income Tax - Tax on Different Incomes - Dividend Income (Rule) To work out the dividend inco Taxation - Income Tax - Charge To Tax - Collection - Employees Deducted from their pay or af Taxation - Income Tax - Charge To Tax - Collection - Sole Traders & Partners Current year basis: taxed unt Tax - Capital Gains Tax - Basis of Charge - Chargeable Persons/Entities - Overview (who can they be) chargeable person makes a ch Tax - Capital Gains Tax- Basis of Charge - Chargeable Persons/Entities - Overview (exempt assets) cars Wasting chattel (tangible Tax - Capital Gains Tax - Basis of Charge - Chargeable Persons/Entities - Chargeable Persons/Entities - Overview (chargeable disposals) Disposals includes: sale, giftin Tax - Capital Gains Tax- Basis of Charge - Calculation of Gains (overview) tax on the profits or gains ma Tax - Capital Gains Tax - Basis of Charge - Allowable Deductions Incidental costs: legal fees, v Tax - Capital Gains Tax - Basis of Charge - Main Reliefs & Exemptions - Business Asset Disposal Relief Assets including all or part of Personal Insolvency - Bankruptcy - Bankrupts Estate (home) Cannot be sold without a cour Corporate Insolvency - Clawback of Assets for Creditors (definition) The IA 1986 gives liquidators Corporate Insolvency - Clawback of Assets for Creditors - Order of Priority for Distribution to Creditors - Exception to Statutory Rules - Floating Charge Holders & Ring Fenced for Unsecured Creditors Floating charges automaticall Personal Insolvency - Individual Voluntary Arrangement (IVA) - Overview debtor works with insolvency Personal Insolvency - Bankruptcy - Bankrupts Estate (business) If self employed, the business Taxation - Income Tax - Basis of Charges - Main Reliefs - Sole Traders & Partners - Writing Down Allowance (overview) businesses claiming a deducti Corporate Insolvency - Administration - Termination automatically ends after 1 yea Corporate Insolvency - Clawback of Assets for Creditors - Order of Priority for Distribution to Creditors - Exception to Statutory Rules - Ring Fencing for Unsecured Creditors 50% of the first £10,000 from Tax - Capital Gains Tax - Basis of Charge - Main Reliefs & Exemptions - Hold-over Relief Qualifying Assets used for the Tax - Capital Gains Tax - Basis of Charge - Main Reliefs & Exemptions - Replacement of business assets (rollover) relief Disposal of business assets w Tax - Capital Gains Tax - Basis of Charge - Main Reliefs & Exemptions - Incorporation relief When an individual transfers Tax - Capital Gains Tax - Basis of Charge - Main Reliefs & Exemptions - Private residence relief (general) Exempt gain = gain*period of Tax - Capital Gains Tax - Basis of Charge - Main Reliefs & Exemptions - Private residence relief (conditions) Deemed to be living in the pr Tax - Capital Gains Tax - Basis of Charge - Main Reliefs & Exemptions - Enterprise Investment Scheme relief must have invested either 1 y Tax - Capital Gains Tax - Charge to Tax - Calculation (annual exempt amount) Each year there is an allowan Tax - Capital Gains Tax - Charge to Tax - Calculation (rates) Higher or dividend upper rate Tax - Capital Gains Tax - Charge to Tax - Calculation (losses) Capital losses are set against Tax - Capital Gains Tax - Charge to Tax - Collection payable in full on 31.01 follow Tax - Capital Gains Tax - Anti-Avoidance Provisions Losses will not be offset again Taxation - Corporation Tax - Basis of Charge charged on taxable profits: tr Taxation - Corporation Tax - Calculation of Tax chargeable gains less capital Taxation - Corporation Tax - Payment & Collection of Tax due to be paid 9 months and Taxation - Corporation Tax - Tax Treatment of Company Distributions or Deemed Distributions to Shareholders Salaries and bonuses paid to Taxation - Corporation Tax - Close Companies Controlled (over 50% voting r Taxation - Corporation Tax - Anti Avoidance Legislation - Loans to Particpators in a Close Company Only applicable to close comp Taxation - Corporation Tax - Anti Avoidance Legislation - Transfer Pricing Adjustments where goods and services are Taxation - Corporation Tax - Anti Avoidance Legislation - Change of Ownership where there is a chnage of ow Taxation - Value Added Tax (VAT) - Key Principles - Scope - Supply charged on any supply of goo Taxation - Value Added Tax (VAT) - Key Principles - Scope - Exempt Supply residential land Insurance Fin Taxation - Value Added Tax (VAT) - Key Principles - Scope - Rates standard rate is 20% Zero rat Taxation - Value Added Tax (VAT) - Key Principles - Scope - Option to Tax owners of interest in commer Taxation - Value Added Tax (VAT) - Key Principles - Scope - Calculating VAT VAT inclusive - divide number Taxation - Value Added Tax (VAT) - Key Principles - Scope - Input/Output Tax Input = reclaiming VAT paid o Taxation - Value Added Tax (VAT) - VAT Invoices - Registration - Voluntary applies to all business (includ Taxation - Value Added Tax (VAT) - VAT Invoices - Deregistration if turnover falls below the reg Taxation - Value Added Tax (VAT) - VAT Invoices - Issue invoices must include VAT num Taxation - Value Added Tax (VAT) - Returns/Payments payment to HMRC directly via Taxation - Value Added Tax (VAT) - Record-Keeping - Tax Point Dates the goods are supplied, Taxation - Value Added Tax (VAT) - Record-Keeping - Non-business activities Item used for any non busine Taxation - Value Added Tax (VAT) - Record-Keeping - Additional Records to be Kept annual accounts Bank statem Taxation - Inheritance Tax - Business Property Relief (BPR) - Amount of Relief (100%) sole trade or partner in a part Taxation - Inheritance Tax - Business Property Relief (BPR) - Amount of Relief (50%) shares in a quoted trading co Taxation - Inheritance Tax - Business Property Relief (BPR) - Trading Business Only must be trading Businesses th Taxation - Inheritance Tax - Business Property Relief (BPR) - Ownership donor must have owned the p Taxation - Inheritance Tax - Business Property Relief (BPR) - Excepted Assets neither used for business purp Taxation - Value Added Tax (VAT) - VAT Invoices - Registration - Compulsory value of taxable supply in the Different Options for Dispute Resolution - Arbitration - Arbitration Clauses binding clause gives the parti Different Options for Dispute Resolution - Arbitration - Procedure - Mandatory Provisions commencement: a party mus Different Options for Dispute Resolution - Arbitration - Advantages process is private Parties can Different Options for Dispute Resolution - Arbitration - Enforcement Step 1 - there must be a rele Different Options for Dispute Resolution - Mediation - Procedure Stage 1 - mediator explains t Different Options for Dispute Resolution - Mediation - Advantages without prejudicial discussion Different Options for Dispute Resolution - Litigation - Disadvantages parties cannot choose the jud Different Options for Dispute Resolution - Litigation - Advantages courts have a wide array of p Dispute Resolution - Building A Claim - (1) Parties (assignments and novations) if a business has been brough Dispute Resolution - Building A Claim - (1) Parties (agents) principals of agents are often Dispute Resolution - Building A Claim - (1) Parties (multiple causes of action between different parties) two companies entered into a Dispute Resolution - Building A Claim - (2) Analysis of Facts Establish a systematic and us Dispute Resolution - Building A Claim - (3) Causes of Action (breach of contract) 1. Contract: must be a contra Dispute Resolution - Building A Claim - (3) Causes of Action (negligence) 1. Duty of care: was it owed t Dispute Resolution - Building A Claim - (4) Evidence what evidence has been prov Dispute Resolution - Building A Claim - (5) Jurisdiction & Governing Law Jurisdiction - where the claim Dispute Resolution - Building A Claim - (6) Limitation Period (types) Contract under hand (written Dispute Resolution - Building A Claim - (6) Limitation Period (when does time start to run?) Breach of contract: the date o Dispute Resolution - Building A Claim - (6) Limitation Period (when time does not start to run right away) Negligence (latent damage) o Dispute Resolution - Building A Claim - (6) Limitation Period (how to stop the clock) issuing a claim form with the Dispute Resolution - Building A Claim - (6) Limitation Period (resetting the clock) D acknowledges the claim or Dispute Resolution - Building A Claim - (7) what remedies are available Estimation of damages Injunc Dispute Resolution - Building A Claim - (8) is it viable to sue? who is the defendant? Where Cross Border Claims - Applicable Law - Contractual Claims - Date of contract determines rules Before 1 April 1991: dependin Cross Border Claims - Applicable Law - Contractual Claims - Freedom of Choice Clear intention can be demon Cross Border Claims - Applicable Law - Contractual Claims - Absence of Choice Sale of goods: where the selle Cross Border Claims - Applicable Law - Contractual Claims - Habitual Residence For companies: the place of c Cross Border Claims - Applicable Law - Contractual Claims - Specific Rules (Carriage for Goods) parties can choose in the abse Cross Border Claims - Applicable Law - Contractual Claims - Specific Rules (Carriage of Passengers) Choice is limited to: - where p Cross Border Claims - Applicable Law - Contractual Claims - Specific Rules (Consumer Contracts) Where the consumer has thie Cross Border Claims - Applicable Law - Contractual Claims - Specific Rules (Insurance Contracts) Dependent on the type of insu Cross Border Claims - Applicable Law - Contractual Claims - Specific Rules (Employment Contracts) Where the consumer has thie Cross Border Claims - Applicable Law - Contractual Claims - Excluded Contracts Revenue, customs and admin Cross Border Claims - Applicable Law - Non-Contractual Claims - Date of the relevant event determines the rules Before May 1996: previous co Cross Border Claims - Applicable Law - Non-Contractual Claims - General rule The applicable law shall be th Cross Border Claims - Applicable Law - Non-Contractual Claims - Pre-contractual dealings Arose from dealings prior to c Cross Border Claims - Applicable Law - Non-Contractual Claims - Freedom of Choice Where the parties have agree Cross Border Claims - Applicable Law - Non-Contractual Claims - Overriding mandatory rules Where they exist, they apply Cross Border Claims - Applicable Law - Non-Contractual Claims - Rules of safety and conduct Where there are rules of safe Cross Border Claims - Applicable Law - Non-Contractual Claims - Excluded matters Revenue, customs and admin Cross Border Claims - Jurisdiction - Hague Choice of Court Convention (contracting states) EU MS, Mexico, Singapore, Mo Different Options for Dispute Resolution - Arbitration - Procedure provisions of the AA Act Sche Cross Border Claims - Applicable Law - Non-Contractual Claims - Common habitual residence Where D and C both have the Different Options for Dispute Resolution - Arbitration - Disadvantages can take just as long and be j Different Options for Dispute Resolution - Mediation - Disadvantages uncertainty on whether an ag Cross Border Claims - Applicable Law - Non-Contractual Claims - Product liability In the following order: If all th Cross Border Claims - Jurisdiction - Hague Choice of Court Convention - Exclusive Jurisdiction Agreements Contracting state must uphold Cross Border Claims - Jurisdiction - Common Law & CPR Rules - Defendants in E&W once a claim form has been is Cross Border Claims - Jurisdiction - Common Law & CPR Rules - Defendants outside E&W - Permission not required Grounds: Where the court ha Cross Border Claims - Jurisdiction - Common Law & CPR Rules - Defendants outside E&W - Permission Required The court must be satisfied th Cross Border Claims - Jurisdiction - Submission to Jurisdiction Where a foreign party submit Dispute Resolution - Practice Direction - Preliminary Considerations for the use of the Welsh Language in Civil Proceedings hearings can be conducted en Dispute Resolution - Practice Directions - Pre Action Conduct & Protocols (PDPAC) Contains the steps that the co Dispute Resolution - Pre Action Conduct - Pre Action Protocols - CONTRACTUAL CLAIMS Do not tend to fall under the Dispute Resolution - Pre Action Conduct - Pre Action Protocols - TORTIOUS CLAIMS - DEBT Applies to any business claim Dispute Resolution - Pre Action Conduct - Pre Action Protocols - TORTIOUS CLAIMS - PROFESSIONAL NEGLIGENCE Applies to any claim against p Dispute Resolution - Pre Action Conduct - Pre Action Protocols - Consequences for failure to follow Court may decide that there h Dispute Resolution - Commencing Court Proceedings - Where to start proceedings - Choice of Court County Court lower court whi Dispute Resolution - Commencing Court Proceedings - Where to start proceedings - Divisions of HC (Kings Bench Division) Kings Bench Division Handles Dispute Resolution - Commencing Court Proceedings - Where to start proceedings - Divisions of HC (Chancery Division) Handles wills, administration Dispute Resolution - Commencing Court Proceedings - Where to start proceedings - Divisions of HC (Family Division) Divorce, adoption, some wills Dispute Resolution - Commencing Court Proceedings - Issuing A Claim Form - Process Claim form must be lodged w Dispute Resolution - Commencing Court Proceedings - Issuing A Claim Form - Defendant is out of the jurisdiction If the courts permission is no Dispute Resolution - Commencing Court Proceedings - Issuing A Claim Form - Issue Fee The fee to be paid depends on Dispute Resolution - Commencing Court Proceedings - Adding, Removing or Substituting Parties - No permission required from the court Before service of the claim fo Dispute Resolution - Commencing Court Proceedings - Adding, Removing or Substituting Parties - Permission required from the court - before the end of the limitation period If the claim form has been se Dispute Resolution - Commencing Court Proceedings - Adding, Removing or Substituting Parties - Permission required from the court - after the end of the limitation period After the end of the limitation Dispute Resolution - Service of Proceedings - Permitted Methods of Service - PERSONAL SERVICE Personal Service providing the Dispute Resolution - Service of Proceedings - Permitted Methods of Service - FIRST CLASS POST OR SIMILAR Post, documents exchange or Dispute Resolution - Service of Proceedings - Permitted Methods of Service - LEAVING THE CLAIM FORM AT A SPECIFIC PLACE Can be left with a solicitor so Dispute Resolution - Service of Proceedings - Permitted Methods of Service - FAX & OTHER ELECTRONIC MEANS In order to use this, D must h Dispute Resolution - Service of Proceedings - Permitted Methods of Service - SERVICE BY A CONTRACTUALLY AGREED METHOD Only if the claim is brought so Dispute Resolution - Service of Proceedings - Place of Service - SERVICE ON A SOLICITOR Where a statute or rule requir Dispute Resolution - Service of Proceedings - Place of Service - WHERE D GIVES AN ADDRESS May be served at an address Dispute Resolution - Service of Proceedings - Place of Service - CONTRACTUALLY AGREED PLACE Only if the claim is brought so Dispute Resolution - Service of Proceedings - Place of Service - DEFAULT ADDRESS FOR SERVICE Individual: last known addres Dispute Resolution - Service of Proceedings - Place of Service - ADDITIONAL ADDRESS FOR COMPANY OFFICERS Directors and secretaries can Dispute Resolution - Service of Proceedings - Place of Service - SERVICE ON AN AGENT Only where the contract to wh Dispute Resolution - Service of Proceedings - Place of Service - SERVICE IN PROCEEDINGS AGAINST THE CROWN For the AG: Served on the Tre Dispute Resolution - Service of Proceedings - Deemed Date of Service (Claim form) Ex: claim forms are deemed s Dispute Resolution - Service of Proceedings - Time Limit for Serving A Claim If the claim form and particul Dispute Resolution - Service of Proceedings - Relevant Step Relevant step First class post, Dispute Resolution - Service of Proceedings - Service of the Claim Form Outside the Jurisdiction - permission of the court not required A standard form of notice of t Dispute Resolution - Service of Proceedings - Service of the Claim Form Outside the Jurisdiction - permission of the court required Application for permission mu Dispute Resolution - Service of Proceedings - Service of the Claim Form Outside the Jurisdiction - Permitted Methods of Service - Scotland & NI & Other In Scotland and NI, the same Dispute Resolution - Service of Proceedings - Service of the Claim Form Outside the Jurisdiction - Permitted Methods of Service - Outside the UK Can be by any method permit Dispute Resolution - Service of Proceedings - Service of the Claim Form Outside the Jurisdiction - Date of Service There is no deemed date of se Dispute Resolution - Service of Proceedings - Service of the Claim Form Outside the Jurisdiction - Time Limits If the claim form is to be serv Dispute Resolution - Service of Proceedings - Service By an Alternative Method or Place C can apply to the court for p Dispute Resolution - Service of Proceedings - Dispensing with Service Court has the power to dispen Dispute Resolution - Service of Proceedings - Extending the Period for Service Claimant can apply for an ext Dispute Resolution - Service of Proceedings - Service of the Particulars of Claim Once D has acknowledged ser Dispute Resolution - Service of Proceedings - Response Pack Served with the particulars of Dispute Resolution - Service of Proceedings - Certificate of Service If claimant serves the claim fo Dispute Resolution - Responding to a Claim - Time Limits The time starts to run as soon Dispute Resolution - Responding to a Claim - Admitting a Claim Can be made at any time, inc Dispute Resolution - Responding to a Claim - Counterclaims Usually included in the defenc Dispute Resolution - Responding to a Claim - Pt20 claims D might consider that they ha Dispute Resolution - Responding to a Claim - Disputing the Courts Jurisdiction D must not contest the case o Dispute Resolution - Responding to a Claim - Judgement in Default (Obtaining) C can apply without the need Dispute Resolution - Responding to a Claim - Judgement in Default (Setting aside) Mandatory Grounds Defence o Dispute Resolution - Responding to a Claim - Discontinuance C can discontinue a claim at a Dispute Resolution - Responding to a Claim - Offers of Settlement - Offers without prejudice, save as to costs Offers without prejudice, save Dispute Resolution - Responding to a Claim - Offers of Settlement - Part 36 offers Offers to settle all or part of t Dispute Resolution - Responding to a Claim - Offers of Settlement - Others The parties can accept verbal Dispute Resolution - Responding to a Claim - Offers of Settlement - Orders for Breaches Dismissalclaim is dismissed a Dispute Resolution - Statements of Case - Claim Form First statement of the case wh Dispute Resolution - Statements of Case - Particulars of Claim (General) Sets out the claim in greater Dispute Resolution - Statements of Case - Particulars of Claim (Structure for Contract cases) Establish the requisite elemen Dispute Resolution - Statements of Case - Particulars of Claim (Structure for Tort cases) Establish the existence of a d Dispute Resolution - Statements of Case - Defence Needs to respond to every all Dispute Resolution - Statements of Case - Part 20 Claim Claim being brought by D aga Dispute Resolution - Statements of Case - Request for Further Information The court can order any party Dispute Resolution - Statements of Case - Amendments Parties can amend their state Dispute Resolution - Interim Applications - General Overview It covers orders that can be s Dispute Resolution - Interim Applications - Procedure (Issuing & Serving an Application) The following documents shou Dispute Resolution - Interim Applications - Procedure (Application Bundle) Save for very basic or urgent Dispute Resolution - Interim Applications - Procedure (Skeleton Arguments) Save for dry basic and urgent Dispute Resolution - Interim Applications - Specific - Summary Judgements Early judgement without a tri Dispute Resolution - Interim Applications - Specific - Interim Payments Payment for damages, debt o Dispute Resolution - Interim Applications - Specific - Interim Injunctions - Purpose & Procedure Used where there is not enou Dispute Resolution - Interim Applications - Specific - Interim Injunctions - Mandatory Injunctions Order for respondent to act in Dispute Resolution - Interim Applications - Specific - Interim Injunctions - Prohibitory Injunctions Order restraining the respond Dispute Resolution - Interim Applications - Specific - Interim Injunctions - Prohibitory Injunctions (FREEZING ORDERS/MAREVA ORDERS) To ensure that a respondent h Dispute Resolution - Case Management - Overriding Objective To deal with cases justly and Dispute Resolution - Case Management - Track Allocation Small Claims (CPR Pt27) Case Dispute Resolution - Case Management - Costs & Case Management Conferences (Issues in dispute & disclosure) First hearing, usually schedul Dispute Resolution - Case Management - Costs & Case Management Conferences (Costs management and budgeting) Parties must file and exchang Dispute Resolution - Case Management - Costs & Case Management Conferences - The Hearing & its orders Hearing judge will consider th Dispute Resolution - Case Management Directions (Fast Track) The parties must try to agree Dispute Resolution - Case Management - Non-compliance with Court Orders, Sanctions & Relief Court may also: Make costs m Dispute Resolution - Evidence - Admissible (General) Without prejudice and privileg Dispute Resolution - Evidence - Admissible (Hearsay - Degrees & Procedure) Degrees of Hearsay First hand Dispute Resolution - Evidence - Burden & Standard of Proof Claimant bears the burden of Dispute Resolution - Evidence - Expert Evidence - General Overview It is an opinion as opposed to Dispute Resolution - Evidence - Expert Evidence - Single Joint Experts The parties should try to agre Dispute Resolution - Evidence - Expert Evidence - Discussion Between Experts Where there are two experts, Dispute Resolution - Evidence - Witness Evidence (Statements) Signed statement from a witn Dispute Resolution - Evidence - Witness Evidence - Statements/Summary Requirements Be in the witnesses own word Dispute Resolution - Order for Disclosure The court can select the follow Dispute Resolution - Standard Disclosure The parties are required to di Dispute Resolution - Specific Disclosure A party for apply for specific d Dispute Resolution - Pre-Action Disclosure Court can order a disclosure b Dispute Resolution - Non-party Disclosure Ordering a person who is not Dispute Resolution - Non-party Disclosure - Norwich Pharmacal Orders Broader in scope as it can req Dispute Resolution - Electronic Disclosure - Managing documents Obligation to reserve docume Dispute Resolution - Electronic Disclosure - Searches of Electronic Documents Parties can discuss a reasona Dispute Resolution - Privilege (general) Can arise in verbal and writte Dispute Resolution - Evidence - Admissible (Hearsay - Courts Considerations) Hearsay is generally not exclu Dispute Resolution - Electronic Disclosure - before the commencement of litigation Suspending any document ret Dispute Resolution - Case Management Directions (Multi-track) The parties must try to agree Dispute Resolution - Responding to a Claim - Acknowledging Service The form should be provided Dispute Resolution - Evidence - Witness Evidence - Affidavits A sworn statement from a wit Dispute Resolution - Interim Applications - Procedure (Notice & Timing) Formal notice must be served Dispute Resolution - Legal Advice Privilege Arises regardless of whether t Dispute Resolution - Litigation Privilege Applies to legal adviser, client Dispute Resolution - Commercial Interest Privilege Sharing of privilege informatio Dispute Resolution - Without Prejudice Communications Communications made as par Dispute Resolution - Waiver of Privilege (General) Waiver can be express or imp Dispute Resolution - Waiver of Privilege (Drafts) Ongoing drafts of witness stat Dispute Resolution - Waiver of Privilege (Referencing a privilege document) If it is referenced in a stateme Dispute Resolution - Waiver of Privilege (Limited Waiver) Some documents can be discl Dispute Resolution - Waiver of Privilege (Mistake) If a document was disclosed b Dispute Resolution - Waiver of Privilege (Collateral Waiver/Cherry Picking) In support of ones case, howe Dispute Resolution - Trial - Summoning Witnesses (General & Issues) When a witness refuses to att Dispute Resolution - Trial - Summoning Witnesses (How To Summon) Draft the summons including Dispute Resolution - Preparation for Trial - Purpose of Pre-trial Checklists Process Sent to each party at Dispute Resolution - Preparation for Trial - Purpose of Pre-trial Hearing Judge orders a hearing decidi Dispute Resolution - Preparation for Trial - Purpose of Trial Bundles It is ultimately the responsibi Dispute Resolution - Trial Procedure (modes of address) High Court - My Lord or My La Dispute Resolution - Trial Procedure (Court room etiquette) Keep mobile phones and othe Dispute Resolution - Trial Procedure (Questions - Leading & Non-Leading) LeadingDone during cross exa Dispute Resolution - Trial Procedure - Nature & Effect of Judgement - General Comprises an examination of Dispute Resolution - Trial Procedure - Nature & Effect of Judgement - Consequential (or hand down) Hearing Either at the hand down or at Dispute Resolution - Costs - Inter-parties Costs orders If a costs order is not made, e Dispute Resolution - Costs - Non-Party Costs Court can order that a party n Dispute Resolution - Costs - Part 36 & Othr Offers (Consequences) A party who rejects a reasona Dispute Resolution - Costs - Part 36 & Othr Offers - Claimants Offer Unsuccessful at trialThere are Dispute Resolution - Costs - Part 36 & Othr Offers - Defendants Offer C is unsuccessful at trial C mu Dispute Resolution - Costs - Part 36 & Othr Offers - Both Parties Offer If C is awarded the same or m Dispute Resolution - Costs - Security for Costs (General) Only the defendant can apply Dispute Resolution - Costs - Security for Costs (Grounds) Claimant resides (or has its p Dispute Resolution - Grounds for Appeal Only allowed where the lower Dispute Resolution - Destination of Appeals County Court Decided by a Di Dispute Resolution - Permission to Appeal (General) Can be sought by either an or Dispute Resolution - Permission to Appeal (Test) Appeal court considers that e Dispute Resolution - Permission to Appeal (Respondent) If the respondent would like t Dispute Resolution - Permission to Appeal (Second Appeal) Where the first appeal origina Dispute Resolution - Enforcement of Money Judgements - Oral Examination (general) Judgement creditor must carr Dispute Resolution - Enforcement of Money Judgements - Oral Examination (Procedure) An application is made to the Dispute Resolution - Enforcement of Money Judgements - Methods of Enforcement (limitation period) Enforcement does not have a Dispute Resolution - Enforcement of Money Judgements - Methods of Enforcement (Types - Taking Control) Enables the goods of the judg Dispute Resolution - Enforcement of Money Judgements - Methods of Enforcement (Types - Charging Order on Land or Securities) Places a charge over the debt Dispute Resolution - Enforcement of Money Judgements - Methods of Enforcement (Types - Attachment of earnings) Remedy is only available in th Dispute Resolution - Enforcement of Money Judgements - Methods of Enforcement (Types - Proceedings for Insolvency) If the debtor is a company an Dispute Resolution - Effecting Valid Enforcement in Another Jurisdiction (including Scotland and NI) (Procedure) Must apply to the E&W court Dispute Resolution - Effecting Valid Enforcement in Another Jurisdiction (including Scotland and NI) (Mechanisms - Scotland & NI) Creditor must make an applic Dispute Resolution - Effecting Valid Enforcement in Another Jurisdiction (including Scotland and NI) (Mechanisms - Outside the UK) Hague Convention Can enforc Dispute Resolution - Enforcement of Money Judgements - Methods of Enforcement (Types - Third Party Debt Order) Where it is known a third part Dispute Resolution - Assessed Costs (Basis of Assessment) Standard Basis (the norm) Di Dispute Resolution - Fixed Costs (General overview) Relevant to uncontested claim Dispute Resolution - Fixed Costs (Types) Fixed commencement costs: Dispute Resolution - Assessed Costs (Costs Management & Budgeting) Costs in detailed approved co Dispute Resolution - Assessed Costs (Method of Assessment - Summary) Undertaken by a judge at the Dispute Resolution - Assessed Costs (Method of Assessment - Detailed) Line-by-line assessment of ea Dispute Resolution - Permission to Appeal (Supporting Documents) The following must be filed w Corporate Insolvency - Determining Insolvency Tests Balance sheet test:Where a c Formation of a Contract - Collateral contract There are circumstances whe Duty of care - establishing relationships In a duty of care question, th Business - Corporation Tax - Capital Allowances - Special First Rate Allowances (SR) & Super Deduction (SD) Only applied to companies (so Business - Corporation Tax - Capital Allowances - Buildings used for Business Only applies if construction be Business - Corporation Tax - Capital Allowances - First Year Allowances Available for investment in en Business - Corporation Tax - Capital Allowances - Annual Investment Allowances On plant and machinery, exclu Business - Corporation Tax - Capital Allowances - Writing Down Allowances claiming deductions for costs Business - Company Name Rules Name cannot:be offensiveImp Business Organisation - Leaving a Partnership Novation agreement: partner,