CIVIL- PRE TRIAL PROCEDURES

A court claim is considered and pursued as a last resort - after negotiation settlements can't be reached or a form of Alternative Dispute Resolution (ADR) fails. Appropriate pre-action protocol must be followed before any court claim is issued as it explains conduct and steps the court expects involved parties to take before any court action starts. The amount of compensation claimed decides which court is used in the case. A claim lower than £10,000 or £1,000 in personal injuries must be started in the Small Claims Court; claims lower than £100,000 or £50,000 in personal injury begin in the County Court; Claims of over £100,000 or £50,000 in personal injury may be started in the County Court, but are more likely to begin in the High Court.

When issuing a claim, a "claim form N1" is completed with names/addresses of the parties, brief details of the reason for the claim, and the compensation being claimed. It may be filed at a County Court office, online for a debt claim, or in the High Court if it's of high value. A fee is charged to issue a claim based on the amount being claimed.

The court serves the claim on the defendant who has a choice of actions: to end the case by admitting to the claim and pay the full amount to the claimant; admit the claim and pay in instalments; dispute it and file a defence to determine why the claim shouldn't be paid in full or in part; file an Acknowledgement of Service confirming the claim but ask for time to file a defence. However, should a defendant fail to respond, the claimant may apply for judgement in default - the claim is "won" and attempts are made to force the defendant to pay the claim.