Dispute Resolution

Pages: 9

Contents:

DIFFERENT OPTIONS FOR DISPUTE RESOLUTION

Arbitration

Mediation

Litigation

PRE-ACTION CONSIDERATIONS AND STEPS

Parties and Causes of Action

Limitation Periods

Pre-Action Protocols

JURISDICTION

WHERE TO START PROCEEDINGS

ISSUING AND SERVING PROCEEDINGS

Issuing a Claim Form

Adding, Removing or Substituting Parties

Service of Claim Form Within Jurisdiction

RESPONDING TO A CLAIM

Particulars of Claim

Acknowledgement of Service

Judgement in Default

Discontinuance

Settlement

STATEMENTS OF CASE

INTERIM APPLICATIONS

Summary Judgement

Interim Payments

Interim Injunctions

CASE MANAGEMENT

Overriding Objective

Non-Compliance with Orders, Sanctions and Relief

Case Management Conference

EVIDENCE

Burden and Standard of Proof

Admissibility

Witness Evidence

Expert Evidence

DISCLOSURE AND INSPECTION

Standard Disclosure

Orders for Disclosure

Specific Disclosure

Pre-Action Disclosure

Non-Party Disclosure

Privilege and Without Privilege Communications

TRIAL

Pre-Trial Checklist and Hearings

Purpose of Trial

Bundles

Trial Procedure

Leading Questions

Nature and Effect of Judgement

APPEALS

Grounds for Appeal

First Appeal

Second Appeal

ENFORCEMENT OF MONEY JUDGEMENTS

Order to Obtain Information

Methods of Enforcement

COSTS

Cost Management and Budgeting

Standard Basis

Indemnity Basis

Inter-Party Costs Orders

Non-Party Costs

Part 36 Offers

Security for Costs

Fixed and Assessed Costs

ADDITIONAL INFORMATION