Civil courts procedure Flashcards
What is the court of first instance and where is the case heard. What is the purpose
Where the case is first tried. Either at county court or high court.
Purpose is to try settle the case outside of court
What is pre-action protocol and what is the purpose
steps which must be taken before a claim at court. Purpose is to try settle case at an early stage
What is meant by burden of proof and standard of proof
Burden is proof is claimant having to prove their claim by establishing the defendant was ‘more than likely’ negligent.
Standard of proof is the level of certainty the claimant must prove in order to establish the defendants negligence
What are the 2 exceptions to burden and standard of proof
- if the defendant has been convicted in the past
- Res ipsa loquitor, the case speaks for itself
What is the procedure to making a claim
Complete a claim form which states the claim, time an date etc.
The claim is then sent to defendant
What is the procedure when the defendant receives claim form
Either admit the claim or fill in a defence claim.
- defendant has 14 days or the claimant ultimately wins the case
What is the procedure once the claimant receives the defence form
Both parties will then receive a questionnaire which states the location, track and timing of the trial.
Each party must comply with time limit or they will lose the right to claim
What is a small claim and where are they heard
This is the smallest track for simple cases which are heard in county court by a district judge. Claim up to 10k and 1k in personal injuries
What is fast track and where are they heard
Also heard in county court by district judge however the cases are slightly complicated. Claims between 10k to 25k
What is multi track and where are they heard
Complex cases which involves large sums of money over 25k. Heard in either county or high court by circuit judge
