Civil Procedure

Question 1

How many steps are in the Civil Procedure?

Answer 1

9

Question 2

What is the Civil Procedure used for?

Answer 2

When suing a defendant.

To ensure all ways of reconciliation have been attempted before going to court.

Question 3

Step 1 - Civil Procedure

Answer 3

Attempt to solve matter by ADR
(Alternative Dispute Resolution)

• Negotiation
• Mediation
• Conciliation
• Arbitration
• Tribunal

Question 4

Step 2 - Civil Procedure

Answer 4

Read the Pre-Action protocol
- Sets out the steps that need to be followed

Question 5

Step 3 - Civil Procedure

Answer 5

Decide which court to use
- asses how much the claim is worth
-> County or High

Question 6

Step 4 - Civil Procedure

Answer 6

Fill in claim form (N1) with the details of C, D and case

Question 7

Step 5 - Civil Procedure

Answer 7

File the form
- at County or High Court or online

Question 8

Step 6 - Civil Procedure

Answer 8

Fee is charged from issuing the claim
- depends on amount being claimed
-> £35 - £10k

Question 9

*Step 7 - Civil Procedure

Answer 9

Defend the claim
- Court sends the claim to the defendant (serves form), who has a choice of actions

Question 10

^Step 8 - Civil Procedure

Answer 10

Allocate case
- If claim is defended, a judge must allocate it to an appropriate case management track for it to be dealt with in the most just and cost-effective way

Question 11

Step 9 - Civil Procedure

Answer 11

Attend trial

Question 12

*What are the 4 actions a defendant chooses from when receiving the claim?

Answer 12

1) Admit the claim and pay full amount to claimant or court
- case ends

2) Admit the claim and pay in instalments
- if accepted by claimant, case ends when fully paid

3) File an acknowledgement of Service confirming receipt of the claim form but asking for time to file a defence

4) Dispute the claim and file a defence setting out why it shouldn’t be paid

Question 13

*What happens if a defendant fails to respond to the claim?

Answer 13

Claimant can apply for judgement in default.
- The claim is ‘won’ and an attempt can be made to force the defendant to pay the sum claimed

Question 14

^What categories and where can the case be allocated? And what monetary value?

Answer 14

County Court:
Small - (up to £10k)
Fast - (10k - £25k)
Multi - (£25k - £50k)

High Court - over £50k

Question 15

^What is the average time each track trial takes?

Answer 15

Small - 1 day
Fast - 6 months
Multi - over 6 months