Civil procedure

Question 1

When was the civil justice system radically reformed?

Answer 1

1999 following the Access to Justice Report conducted by Lord Woolf

Question 2

What governs civil court cases?

Answer 2

Civil Procedure Rules 1998

Question 3

What did the Civil Procedure (amendment) Rules 2013 do?

Answer 3

amended Rule 1 of the Civil Procedure Rules:
contains the overriding objective which is to deal with cases justly and at a proportionate cost

Question 4

How is a claim begun?

Answer 4

By completing a claim form

Question 5

State the process of civil procedure

Answer 5

1) claim form
2) response to a claim form D with either
-admit
-deny
-ignore
(C has the burden of proving that what they are alleging is true on the balance of probabilities)
3) Pre-trial Procedure
(various pre-action protocols need to be followed by both parties
4) Offer to settle (Part 36 CPR)

Question 6

What is track allocation?

Answer 6

decided by judge guided by a completed questionnaire
1) Small claim tract (CPR part 27)
2) Fast track (CPR part 28)
3) Multi-track (CPR part 29)
NOTE October 202 Intermediate track introduced

Question 7

What is the small claim track?

Answer 7

CPR part 27
Disputes up to £10,000
though for personal injury £1000 except in certain PI situations were it is up to £5,000
tried in small claim courts (county courts)

Question 8

What is the fast track?

Answer 8

CPR 28
Used for striaght forward disputes of £10,000- £25,000
Tried in the county court

Question 9

What is multi-track?

Answer 9

CPR 29
Used for disputes over £25,000 in county or high court but now primarily used for disputes over £100,000 in the high court

Question 10

What is the intermediate track?

Answer 10

claims between £25,000 and £100,000 were cases can be heard within 3 days or less and are not likely to call more than 2 experts each and there are no more than 3 parties involved