Civil Disputes Flashcards
How are most civil cases closed?
Most don’t reach litigation, those that do often settle before final court hearing.
What were the aims of the WOOLF REFORMS 1999?
To reduce cost and delay by simplifying terminology to make court more user friendly EG: The term for the form you had to fill in to start a claim changed from ‘Writ’ to ‘Claim form’.
What are the Pre-action protocols?
Before a case is commenced the claimant must send a letter setting out allegations, the defendant must respond in reasonable time. Failure to respond may result in punishment from the judge.
When must a defendant acknowledge receipt of a claim?
Within 14 days, and must either admit or put in defence within 28 days.
How should the defendant respond?
Must state which parts of the claim you deny, with reasons and which you admit, if you dispute the value, you must give reasons and if possible a counter offer.
What is a counter claim?
When a defendant denies the claim and claims that he suffered loss at the hand of the claimant.
What happens if you fail to respond?
You will enter judgement on the full amount the claimant suggested.
What is the small claims track?
For £10,000 or less, take place in a room, loser can’t reclaim legal costs, can be done by written statements alone.
What is the fast track?
For £10,000 - £25,000. Limited to 5 hours, usually only written statements, costs fixed depending on level of advocate.
What is multi-track?
Over £25,000, or lower if a complex case.
What happens if a claimant refuses settlement before trial and goes onto win less in court?
He won’t be able to claim all court costs, this gives an incentive to settle before court.
What are the different methods to get compensation if a defendant won’t pay?
> Warrant of control.
Third party debt order.
Attachment of earnings.
Bankruptcy order.
What is a Warrant of control?
Bayliff takes and sells possessions to raise money.
What is a third party debt order?
Freeze money in bank of defendant, then a judge decides if this should be used to pay claimant.
What is an attachment of earnings?
Money goes straight from defendants salary to claimant.
