✔️Civil Court 8 markers✅

What’s the 1st paragraph for Outline the procedure to bring a claim to the civil court? (ADR, then solicitor)

There’s many things which would happen before trial took place for claim in civil court. first, it’s strongly urged by Woolfe reforms, that parties are encouraged to attempt to reconcile the issue with ADR. If parties can’t reach decision then it’s recommended they seek legal advice. if claimants consults a solicitor then they’ll be advised upon whether they have a case and assess whether D has finances to pay if the claim successful, if not it’s pointless taking the case to court.

What’s the 2nd paragraph for Outline the procedure to bring a claim to the civil court? (Pre-Action protocol)

following, if C wishes to proceed with case, pre-action protocols will follow which involves sharing of info between parties usually in letter form explaining brief details of how the claim arises, why it is claimed the other party is at fault, details of injury/other damage and any other relevant matters. A person with PI claim must send letter of claim to potential D, with medical evidence supporting it and give them 3 months to respond and try settle the claim. A person with a non-PI claim will send letter of claim and give potential D 14 days. If parties don’t give required info to the other party, they may be liable for certain costs. This will lead to many cases being settled.

What’s the 3rd paragraph for Outline the procedure to bring a claim to the civil court? (claim form)

However, some cases may still need to go to court. A claim form must be filled by C (N1 form) taken to court office where court fees paid. It advised C photocopies it so they can retain a copy for their records. Court then serves claim form, usually by posting it to D.

What’s the 4th paragraph for Outline the procedure to bring a claim to the civil court? (Ds options)

when D receives claim, he has 4 options. 1) Admit claim and pay it together with issue costs, 2) ignore claim and default judgement made against him, 3) dispute and either send acknowledgement of service (N9 form) to get extra 14 days to file defence or file defence at court, 4) Make counter claim where they wish to make claim against C

What’s the 5th paragraph for Outline the procedure to bring a claim to the civil court? (Allocation questionnaire/ courts)

once claim is defended, allocation questionnaire sent to both parties to enable court to allocate case to the most suitable track and where claim is initially heard. Claims £100,000/PI £50,000 less in county court. Claims £100,000+/PI £50,000+ commence in high court.

What’s the 6th paragraph for Outline the procedure to bring a claim to the civil court? (Track)

claim allocated ‘small claim track’ (County court, district Judge), £10000/£1000 or less Pi, Fast track (County court, District judge) 10-25,000/ PI 1-25,000, Intermediate track (county court, Circuit judge) between 25-100,000 and Multi track (KBD/High court, Puisine judge), £100,000+.

What’s the 7th paragraph for Outline the procedure to bring a claim to the civil court? (Case management)

As part of case management, judge is given the case to manage throughout and will fix timetables and decide which issues need investigations for the trial. Purpose of litigation is for dispute to be resolved for the trial by Judge who decide if D is liable.

What’s the 1st paragraph for Outline the potential appeal courts for civil cases? (Appeal factors)

once a decision of a civil case has been made, if either party is dissatisfied with the decision made by the judge at first instance, then it is possible to appeal. The appeal route will be determined by a number of factors: where case began, value of claim and level of judge who heard the initial case.

What’s the 2nd paragraph for Outline the potential appeal courts for civil cases? (reason for appeal- appeals from county)

There’s 2 main reasons for appeal- fact and law. The appeal routed from the County Court are set out in Part 52 Civil Procedure Rules. Generally, if the court of first instance was the county court, then a first appeal from a decision of the small claims court or fast track is heard by a next level judge. If case first heard by DJ, appeal will be to circuit judge. If first heard by circuit judge, then appeal is to High court Judge.

What’s the 3rd paragraph for Outline the potential appeal courts for civil cases? (2nd appeal)

Under S.55 Access to Justice Act 1999, Its possible for a second appeal from decision of a Circuit or Hugh court judge to go to the CoA (civil division), but this would be in exceptional circumstances, such as if the appeal raises an ‘important point of law’ or there is a ‘compelling reason’ for the CoA to hear it of national importance. This would only take place with the Supreme Courts permission.

What’s the 4th paragraph for Outline the potential appeal courts for civil cases? (Appeal from High court)

Cases started in the High court that include an appeal from a decision in the multi-track, by a High Court judge is the CoA, or on a rare occasion to the Supreme Court (known as leapfrog appeal) where the supreme court allows the appeal and the case involved a point of general public importance or raises an important legal issue (this occurred in the Pay-Day lending cases).

What’s the 5th paragraph for Outline the potential appeal courts for civil cases? (Further appeal from CoA)

It’s possible for further appeal from the CoA to the supreme court, but only if the Supreme Court gives permission. An appeal can be made under the Access the Justice Act 1999 (Destination of Appeals) order 2000 which allows appeals on 2 grounds.

• The Judge used the facts of the case to reach an incorrect decision

• The Judge used the law in the case to reach an incorrect decision