Alturnative Dispute Resolution (ADR)
Pre Action Protocol: C must provide:
- Details of the claim
- Details of the injuries/harm
- Any other relevant details
- D has 14 days to respond
- County: Claims up to £100,000 or £50,000 for Personal Injury (PI)
- High: Claims over £100,000 and over £50,000 for PI.
Issuing a cliam: Using a N1 form
- Claim = £300, you pay £35.
- = £3,000 = £120
- = £300,000 = £1670
Civil Procedure 2
Defending a Claim: D can...
- Admit and pay = C wins
- Defend the claim = goes to court
- Do nothing = C wins by order of default.
- Small: up to £5,000 or £1,000 for PI. Heard in private (no lawyers).
- Fast: up to £25,000. Use a timetable, one day in court and one expert witness.
- Multi: over £25,000 or complex cases under this. Use a timetbale, ADR is encouraged.
- Use timetables, ADR, judges discuss early on what issues to investigate and deal with issues without parties = no time wasting or full hearings.
Civil Procedure 3
Res Ispa Loquitur: 'Things speak for themselves' C must show...
- D was in control of the situation
- The injuries must have been caused by negligence.
- There is no other explanations.
- Scott v London Docks- Bag of sugar
- Mahon v Osbourne- Swab left in patient.
- Pecuniary losses use special damages- used for quantifiable damage e.g. to a car.
- Non- Pecuniary Losses use general damages- used for loss/suffering that can't be quanified.
- Mitigation of loss: Claims must be keept reasonable.
- Payment can be in installments or lump sum.
Duty of Care:
- Donoghue v Stevenson: Neighbour Principle.
- Carparo v Dickman: Caparo 3 stage test.
- Foreseeable: Kent (late ambulance) Topp (stolen bus)
- Proximate: Osman v Ferguson (boys attacker) Hill (serial killer)
- Fair just and reasonable: Capital (sprinklers)
- Blyth: reasonable man test- fall below the standard excepted of them.
- Doctors: Bolam
- Learners: Nettleship
- Children: Miller
- Size: Bolton (criket ball)
- Foreseeable: Roe (anaesthetic)
- Worse harm: Watt (fire truck)
- Paris- Partly blind
- Latimer- precautions were taken
- Causation: Barrnet v Hospitals- 3 night watchmen
- Remoteness: Wagon Mound
- Thin Skull: Smith v Leech Brain
- Type of injury = foreseeable: Hughes.