Disputes Considerations
Civil Disputes
Overriding purpose – just, quick and cheap justice – through case management by judges
Costs
- Party-party basis: party who loses pays costs of other party – on ordinary or indemnity basis
- Court may require security for costs
Limitation Period
Specify period of time in which claim may be brought
Interlocutory Preservation Orders
- Interim injunction – prevent dealings with property
- Freezing orders (Mareva injunction) – prevents disposal of property
- Search order (Anton Pillar order) – seizure of documents and other evidence
Pre-trial
- Preliminary Discovery – Court may grant orders to locate defendant or see if action should be pursued
- Mediation
- Offers of compromise and Calderbank Letters