Bringing a claim

Question 1

Fill in the gap:

The civil justice system has traditionally been too ___, too____________ and too __________

Answer 1

1. Slow
2. Expensive
3. Complicated

Question 2

What are 3 of the aims of the Civil Procedures Act 1997?

Answer 2

1. Ensuring parties are on equal footing
2. saving expense
3. Ensuring that parties give greater cooperation to court

Question 3

What is small claims track for?

Answer 3

1. Claims under £5000 or £1000 for P.I

Question 4

What is fast track for?

Answer 4

1. Claim between £5000 and £15000

Question 5

What is multi track for?

Answer 5

Claim that are over £15000

Question 6

Who hears small claim?

Answer 6

District judge

Question 7

Who hears fast track claim?

Answer 7

Circuit judge

Question 8

Who hears multi track claim?

Answer 8

Senior circuit/ high court judge

Question 9

What should the claimant do before taking his case to court?

Answer 9

1. Try to resolve the problem through negotiation

Question 10

Describe the claims process

Answer 10

1. Get N1 form
2. Fill form, giving detials like name and contacts details of witnesses, sign form and send to court
3. court recives it, check valaditily of claim, then send defandant a copy. When they recieve it, they have 3 choices:
   * Ignore claim +risk judge ruling in claimants favour
   * Settle claim in full
   * Decide to “defend claim”, means there will be a court case
4. If defendant defends claim, they’re sent a allocation questionnaire, (used to get more information from both sides.)
5. At end of case, 2 outcomes:
   * Claimant loses(does a Wasiq), pays his lawyers cost + other side
   * Claimant wins- gets remedy + lawyers cost( by judge)