Disputes

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