Civil Procedure

Question 1

1:

Answer 1

Claimant and defendant should attempt ADR:
Negotiation
Mediation
Conciliation
Arbitration

Question 2

2:

Answer 2

Pre-action protocols must be adhered to:
Letters explaining claim details etc, especially used in personal injury cases. Defendant then has 3 months to respond, setting out liability.

Question 3

3:

Answer 3

If claimant chooses to go to court, they fill in N1 form.

Question 4

4:

Answer 4

Claimant takes form to County Court and pays fee; fee depends on how much claim is for.

Question 5

5:

Answer 5

Form is sent to the defendant.

Question 6

6:

Answer 6

Defendant can accept claim and pay or deny claim; they have 14 days to fill in N9 form and send to court.

Question 7

7:

Answer 7

Court will allocate a track:

Question 8

Small Claims Court:

Answer 8

Claims up to £10,000. County Court. A straightforward claim for damages. Personal injury includes claim for pain, suffering and loss of amenity. There will be no complex issues involved. Usually heard by a district judge.

Question 9

Fast Track Court:

Answer 9

£10,000 - £25,000. County Court. Limited oral evidence, likely to be completed in one day. May be some complex issues involved. Usually heard by a district judge.

Question 10

Multi Track Court:

Answer 10

£25,000+. Crown Court. A claim that does not fall within small claims or fast track. Usually complex and/or of high value. Almost always heard by a circuit judge.