civil courts and procedure Flashcards
What is the aim of civil law?
to protect people and businesses in society
What are some of the problems with the civil courts?
they can be costly in time and money
Traumatic for parties
May not lead to a satisfactory outcome
what does civil law aim to give the claimant?
Compensation for the loss or damage
Court orders to stop someone from doing/not doing something
what is the burden of proof for civil law?
The claimant
what is the standard of proof of civil law?
The balance of probabilities (over 50%)
What is the hierarchy of civil courts?
supreme Court
Court of appeals
High Court
County Court
when does County Court here claims?
When the compensation is up to £100,000
who are claims at county court herd by?
A single judge
when do Highcourt hear claims?
Over £100,000
On a complicated issue of law
Who are claims in Highcourt heard by?
A single judge
what will the judge decide in both High Court and county court
Liability
Amount of compensation
Any other remedy requested?
Amount of cost to be paid, and by who
what claims are heard in the Chancery division?
Dispute over trust
Continuous probate claims
Partnership matters
how did the wolf reforms aim to change civil courts?
Wanted to deal with cases expeditiously
Ensure proportionality
Ensure parties are on equal footing
Limit costs
Ensure appropriate allocation of court resources
What must claimant do before taking a claim to court?
Try to resolve it with alternate dispute resolution
How does a claimant issue court proceedings?
Filling in a claim form
What muscle defendant do after the claimant fill out the claim form?
Admit or deny liability within 14 days of receiving the form
What can the claimant do if the defendant doesn’t reply to the claim form within 14 days
Ask for a judgement in default
What are the three options that defendant has when replying to the claim form?
admit liability and pay the full amount
Admit liability, but dispute the amount
Defend the claim and possible counterclaim
what will be sent to both parties if the defendant decides to defend a claim
A directions questionnaire
what does the directions questionnaire help determine?
The location, track and timing of the trial
how does the track the claim is on affect the claim?
it affects how much the claimant can claim and how the claim will proceed through court
What are the three tracks of claim can go on?
small claim
Fast
Multi
what does the small claims trap cover?
Claims under £10,000
And money only claims
what is the claim limit for personal injury from road traffic accident claims in the small claims track
£5000
