Civil Court Procedure Flashcards
What is the burden of proof in Civil cases?
On the balance of probability
Why should taking a case to Civil Court be avoided? (Give 2)
+ Very expensive
+ Destroys goodwill between clients
What is the name of the person bringing the Case?
The Claimant
What does a “man of straw” mean?
Someone who can’t pay court fees
What are the legal reforms that happened in 2004 called?
The Woolf Reforms
Give 2 things introduced in the Woolf Reforms
+ ADR encouraged
+ Timetable management given to the court
+ Fast-Track introduced
What is the financial limit for the small claims track? (Not Personal Injury cases)
£10,000
What is the financial limit in a Small Claims case for Personal Injury?
£1,000
What is the financial limit for Fast-Track cases?
£25,000
What is the financial limit for multi-track cases?
There isn’t one
Is legal aid available for the small-claims track?
No
Explain the difference between the Divisions and the Divisional Courts?
The Divisions hear first instance cases and the Divisionals hear appeals
What is special about the time limits in Fast Track?
The case hearing can only last for 1 day
What is Negotiation?
The parties involved try to resolve the issue quickly by direct communication
What is Mediation?
Where both parties agree to have someone act as a go-between between them. They give a non binding decision.