Civil Litigation Basics

Question 1

What is Civil Litigation?

Answer 1

The process by which civil disputes are resolved through the courts.

Question 2

Who is the claimant?

Answer 2

The person who brings the claim, who has suffered or is suffering some kind of loss or damage.

Question 3

Who is the defendant?

Answer 3

The person who is alleged to have caused, or be causing the loss or damage to the claimant.

Question 4

What does the final judgment consist of?

Answer 4

1. Liability.
2. Remedy.
3. Quantum.

Question 5

What is liability?

Answer 5

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.

Question 6

What is the civil Standard of Proof?

Answer 6

Balance of probabilities - more likely than not.

Question 7

Who usually has the burden of proof?

Answer 7

The claimant.
But where the defendant is claiming the claimant contributed towards the damages, the burden is on the defendant.

Question 8

What is “deciding quantum”?

Answer 8

Where the court determines how much the defendant should pay to the claimant in damages.

Question 9

What type of proceedings do the Civil Procedure Rules apply to?

Answer 9

Govern civil proceedings in the County Court and High Court.

Question 10

How often are the civil procedure rules update?

Answer 10

Twice a year.

Question 11

What do the civil procedures consist of?

Answer 11

Parts
Practice directions
Pre-action protocols

Question 12

How many parts are there?

Answer 12

89 in total.

Question 13

What do the Parts do?

Answer 13

Each part provides the rules for a different aspect of the court process.

Question 14

How many practice directions are there?

Answer 14

One practice direction for every part of the CPR.

Question 15

What is the the purpose of the practice directions?

Answer 15

To provide more detailed information and practical advice in relation to the relevant part of the CPR.

Question 16

What is the Overriding Objective (CPR r.1.1)

Answer 16

To enable the court to deal with cases justly and at proportionate cost.

Question 17

What does justly and proportionately include?

Answer 17

1. Ensuring that the parties are on equal footing;
2. Saving expense;
3. Dealing with cases that are proportionate to the money involved, importance of the case, complexity of the issues, and financial position of the parties;
4. Ensuring that claims are dealt with expeditiously and fairly;
5. Allotting appropriate court resources; and
6. Ensuring that practice directions are complied with.

Question 18

CPR r1.2

Answer 18

Requires the court to give effect to the overriding objective when it exercises any power given under the rules and interprets any power.

Question 19

CPR r1.3

Answer 19

Requires that all parties help the court to further the overriding objective.

Question 20

Practice Direction 1A

Answer 20

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.

Question 21

Factors that make a party vulnerable under Practice Direction 1A

Answer 21

1. Age, immaturity, lack of understanding;
2. Communication or language difficulties (including literacy);
3. Physical disability or impairment or health condition;
4. Mental health condition or significant impairment of any aspect of their intelligence or social functioning;
5. The impact on them of the subject matter or, or facts relevant to the case;
6. Their relationship with a party or witness (sexual assault, domestic abuse or intimidation (actual or perceived);
7. Social domestic or cultural circumstances.

Question 22

Online Court

Answer 22

Invitation only pilot scheme.
Expected to be mandatory for all claims below £25,000
Rules simpler than CPR, allowing litigants to act in person.

Question 23

What are the three stages in online court?

Answer 23

1. Automated triage stage.
2. Conciliation stage.
3. Determination Stage

Question 24

Online Court - Automated triage stage

Answer 24

Claimants are given access to basic legal advice and assistance in articulating their claim.

Question 25

Online Court - Conciliation Stage

Answer 25

Both parties engage in telephone, online or face-face mediation.

Question 26

Online Court - Determination Stage

Answer 26

A telephone or video hearing is conducted with the parties present, or a decision is made by a judicial officer without a hearing.

Question 27

What types of cases are dealt with in the county court?

Answer 27

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.

Question 28

Where are the majority of cases dealt with?

Answer 28

County Court

Question 29

What type of cases are dealt with in the High Court?

Answer 29

Deals with complex and high value cases.

Question 30

Where are cases heard in the High Court?

Answer 30

In a district registry.

Question 31

What are the three divisions of the High Court?

Answer 31

1. Queen’s Bench Division = Actions in contract & tort.
2. Chancery Division = Actions such as wills & inheritance, company law, and bankruptcy.
3. Family Division = Family proceedings.

Question 32

What is the Civil Money Claims Service?

Answer 32

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.

Question 33

8 Stages in the Civil Action Process

Answer 33

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