Civil Litigation Basics Flashcards
What is Civil Litigation?
The process by which civil disputes are resolved through the courts.
Who is the claimant?
The person who brings the claim, who has suffered or is suffering some kind of loss or damage.
Who is the defendant?
The person who is alleged to have caused, or be causing the loss or damage to the claimant.
What does the final judgment consist of?
- Liability.
- Remedy.
- Quantum.
What is liability?
Is the defendant to blame?
Whether the defendant has breached their obligation to the claimant, and whether that breach has caused or is causing the loss the claimant has suffered.
What is the civil Standard of Proof?
Balance of probabilities - more likely than not.
Who usually has the burden of proof?
The claimant.
But where the defendant is claiming the claimant contributed towards the damages, the burden is on the defendant.
What is “deciding quantum”?
Where the court determines how much the defendant should pay to the claimant in damages.
What type of proceedings do the Civil Procedure Rules apply to?
Govern civil proceedings in the County Court and High Court.
How often are the civil procedure rules update?
Twice a year.
What do the civil procedures consist of?
Parts
Practice directions
Pre-action protocols
How many parts are there?
89 in total.
What do the Parts do?
Each part provides the rules for a different aspect of the court process.
How many practice directions are there?
One practice direction for every part of the CPR.
What is the the purpose of the practice directions?
To provide more detailed information and practical advice in relation to the relevant part of the CPR.
What is the Overriding Objective (CPR r.1.1)
To enable the court to deal with cases justly and at proportionate cost.
What does justly and proportionately include?
- Ensuring that the parties are on equal footing;
- Saving expense;
- Dealing with cases that are proportionate to the money involved, importance of the case, complexity of the issues, and financial position of the parties;
- Ensuring that claims are dealt with expeditiously and fairly;
- Allotting appropriate court resources; and
- Ensuring that practice directions are complied with.
CPR r1.2
Requires the court to give effect to the overriding objective when it exercises any power given under the rules and interprets any power.
CPR r1.3
Requires that all parties help the court to further the overriding objective.
Practice Direction 1A
Where the vulnerability of a party diminishes the ability of a witness or parties to participate in proceedings or the quality of evidence, the court must consider directions to enable them to do so.
Factors that make a party vulnerable under Practice Direction 1A
- Age, immaturity, lack of understanding;
- Communication or language difficulties (including literacy);
- Physical disability or impairment or health condition;
- Mental health condition or significant impairment of any aspect of their intelligence or social functioning;
- The impact on them of the subject matter or, or facts relevant to the case;
- Their relationship with a party or witness (sexual assault, domestic abuse or intimidation (actual or perceived);
- Social domestic or cultural circumstances.
Online Court
Invitation only pilot scheme.
Expected to be mandatory for all claims below £25,000
Rules simpler than CPR, allowing litigants to act in person.
What are the three stages in online court?
- Automated triage stage.
- Conciliation stage.
- Determination Stage
Online Court - Automated triage stage
Claimants are given access to basic legal advice and assistance in articulating their claim.
Online Court - Conciliation Stage
Both parties engage in telephone, online or face-face mediation.
Online Court - Determination Stage
A telephone or video hearing is conducted with the parties present, or a decision is made by a judicial officer without a hearing.
What types of cases are dealt with in the county court?
Only deals with straightforward cases.
Includes:
- Claims for money only for a specific debt or damages, where the anticipated value of the claim is for £100,000 or less; and
- Personal injury claims for less than £50,000.
Where are the majority of cases dealt with?
County Court
What type of cases are dealt with in the High Court?
Deals with complex and high value cases.
Where are cases heard in the High Court?
In a district registry.
What are the three divisions of the High Court?
- Queen’s Bench Division = Actions in contract & tort.
- Chancery Division = Actions such as wills & inheritance, company law, and bankruptcy.
- Family Division = Family proceedings.
What is the Civil Money Claims Service?
Offers litigation services online to litigants in person, via a public platform.
Claimants and defendants can issue, respond to and check the progress of claims online.
Contains guidance at each stage.
Encourages settlement throughout the process with links to mediation services.
8 Stages in the Civil Action Process
Stage 1: Advanced Dispute Resolution
Stage 2: Pre-Action protocols
Stage 3: Issue/defence
Stage 4: Allocations and Directions
Stage 5: Pre-trial review
Stage 6: Trial
Stage 7: Costs
Stage 8: Enforcement
