Civil Courts and other forms of alternative dispute resolution (ADR)

Question 1

What is the civil procedure governed by?

Answer 1

Civil Procedure Rules 1999

Question 2

The Pre Trial Procedure for a Civil Claim (INCLUDES THREE-TRACK SYSTEM)

Answer 2

-when a civil dispute occurs, it’s normal to try and resolve it by negotiating with the other person/business or using a method other than going to court, known as ALTERNATIVE DISPUTE RESOLUTION (ADR)- as a result of Woolf Reforms.

-if other party denies liability or refuses ADR, only way to get compensation for the injuries/damage will be to start a court case following the pre-action protocol.

-Claimant will begin court proceedings by issuing a claim form (Form N1) at court and serving it on the defendant.
This sets out the details of the claim.

-The defendant must acknowledge receipt of the claim form (Form N9).
If Defendant admits claim or doesn’t reply in 14 days, formal judgement is entered for the claimant.

-Otherwise he can issue a defence at court and serve it upon the claimant setting out his case.

-IF THIS HAPPENS: the case is allocated to one of THE THREE TACKS.
Judge makes this decision.

Question 3

Who introduced the three-track system?

Answer 3

-introduced under The Woolf Reforms
-by Lord Woolfe

Question 4

What is included in the three-track system

Answer 4

-small claims Track
-The Fast track
-The multi-track

Question 5

Small Claims Track

Answer 5

-used for claims less than £10,000 but max of £1500 for personal injury
-Dealt with in county court
-dealt by district judge
-often fast and flexible
-The claimant and defendant are encouraged to represent themselves.
-Relatively informal

Question 6

The Fast Track

Answer 6

-for claims of £10,000-£25,000
-called Fast Track because of very strict timetable
-cases are aimed to be completed in no more than 30 weeks.
-Heard in county court by circuit judge
-Rather more formal

Question 7

The Multi Track

Answer 7

-claims of £25,000+
-normally heard in county court by circuit judge
-claims above £100,000 or personal injuries above £50,000 or more complex cases may go to high court- heard by circuit judge or high court judge.

-more complex cases will need a management hearing to organise witnesses, evidence and decide a trial date.

Question 8

(CIVIL COURT APPEAL PROCESS)

What are the reasons for appeal?

Answer 8

-there was an error of law
-there was an error of fact
-there was procedural unfairness

Question 9

(APPEALS FROM COUNTY COURT)
If case is heard by a district judge in the county court?

Answer 9

-then the appeal is to a circuit judge in the same county court.

Question 10

(APPEALS FROM COUNTY COURT)
If case is heard by circuit judge in the county court?

Answer 10

-Then appeal is to a High Court Judge in the High Court.

Question 11

If there’s a possibility of a second appeal from either of these two appeal hearings to the Court of Appeal (Civil Division)?

Answer 11

-only allowed in exceptional cases as set out in S55 of the Access to Justice Act (1999)-such as the appeal would raise an important point of principle or practice.

-In limited cases (cases of national importance) there can be a further appeal from the Court of Appeal to the Supreme Court.

Question 12

APPEALS FROM HIGH COURT

From the high court where do the appeals go to?

Answer 12

-From High Court- appeals go to Court of Appeal.
-In rare case- may be a “leapfrog” appeal direct from High Court to Supreme Court

since 2015-for an appeal it must be of national importance for this to happen.

-there’s a further appeal from the Court of Appeal to the Supreme Court if one of these two courts give permission.