1: Civil litigation Flashcards
Who brings a civil claim?
The claimant
What is the civil standard of proof?
On the balance of probabilities.
What is a ‘quantum’?
Deciding quantum is deciding how much the defendant should pay to the claimant.
Give the full name and year of the CPR.
Civil Procedure Rules 1998
Which courts are governed by the CPR?
The CPR govern proceedings in the County Court and the High Court in England and Wales.
What is meant by the CPR having “Parts” and “Practice Directions”?
The CPR are divided into parts, which are supplemented by Practice Directions.
What should you refer to before taking any action or advising the client?
CPR Parts
Practice Directions Pre-action protocols
What are the books of CPR in paper form known as?
The White Book or The Green Book
What is the overriding objective for civil courts?
CPR r1.1: to deal with cases justly and at proportionate cost.
What is meant by dealing with a case ‘justly’?
Ensuring that the parties can participate fully and that parties and witnesses can give their best evidence.
What is the major way in which the court achieves the overriding objective?
By encouraging early settlement and disclosure between all parties.
What requirement does r1.3 put upon the parties to civil claims?
r1.3 states that the parties are required to help the court further the overriding objective.
What are the consequences of parties to a civil claim not complying with the overriding objective?
Clients should be made aware at the outset that they may suffer consequences in respect of costs and other penalties if they do not comply with the overriding objective.
What is HMCTS?
HM Courts and Tribunals Service (HMCTS)
Does the County Court or the High Court deal with the more complex cases?
The High Court
What is the maximum value of a claim that the County Court can deal with? (Not personal injury)
The County Court deals with claims with the anticipated value of up to £100,000.
Can the County Court deal with cases that involve claims for something other than money?
No, the County Court can deal with claims for money only, whether it be for a specific debt or for damages,
What is the maximum value of a personal injury claim that the County Court can deal with?
The County Court deals with personal injury claims of up to £50,000.
Which part of the CPR are money-only claims started under?
CRP Part 7
What is the CCMCC?
County Court Money Claims Centre
Where is the main location of the High Court?
Royal Courts of Justice in London
What are the three divisions of the High Court?
King’s Bench Division
Chancery Division
Family Division
What does the King’s Bench Division deal with?
Actions in contract and tort.
What does the Chancery Division deal with?
Actions such as wills & inheritance, company law and bankruptcy.
Who shares the judicial functions of the High Court?
Masters (interim applications and case management)
High Court Judges (trials, interim applications and case management)
Who deals with the functions performed by High Court Masters in District Registries?
District Judges or Deputy District Judges
What is the Civil Money Claims Service?
What used to be known as small claims court. It is an easy way of applying to a county court to claim money owed by a person or business.
What are the three stages of Online Court?
- Automated triage stage (given legal advice)
- Conciliation stage (telephone, online, face-to-face mediation)
- Determination stage for cases which have not settled.
What are the three general stages of the civil litigation process?
- Pre-action stage
- From issue of proceedings through to judgment
- Steps taken after judgment
What are the 8 stages of the civil litigation process?
PRE-ACTION
Stage 1: ADR
Stage 2: Pre-action protocols
FROM ISSUE TO JUDGMENT
Stage 3: Issue/defence
Stage 4: Allocations and directions
Stage 5: Pre-trial review
Stage 6: Trial
AFTER JUDGMENT
Stage 7: Costs
Stage 8: Enforcement
What takes place in Stage 1: ADR?
Choose between:
- arbitration
- conciliation
- early neutral evaluation
- mediation
- negotiation
- none of the above
What takes place in Stage 2: Pre-action protocols?
Check if a pre-action protocol applies. If not, use Practice Direction - Pre-Action Conduct
Letter of claim
Possible joint instruction/selection of expert
Attempts to settle
What takes place in Stage 3: Issue/defence?
Issue claim form
Serve claim form and particulars of claim
Defendant acknowledges service (optional)
Defendant files defence
Provisional allocation directions questionnaire
What takes place in Stage 4: Allocations and directions?
Track allocations and directions
Disclosure of documents
Exchange of witness statements and expert reports
What takes place in Stage 5: Pre-trial review?
Pre-trial checklist (listing questionnaires)
Possible pre-trial review
Serving statement of costs
What takes place in Stage 6: Trial?
Trial
What takes place in Stage 7: Costs?
Assessment of costs
What takes place in Stage 8: Enforcement?
Enforcement of judgment if necessary
