Civil Procedure and Damage$ Flashcards
What is the first thing that the claimant must do begin court proceedings?
Complete a claim form
What 4 things must be included in the claim form?
C and D’s name and address
Amount Claimed
Particulars of claim
Statement of truth
After receiving the claim form, D has 2 weeks to reply, in what ways can D respond?
Accept full liability, Accept partial liability, Deny everything or Counterclaim
If D does not accept full liability, what will be encouraged between C and D?
Alternative dispute resolution
What are the four ADR’s?
Negotiation, Mediation, Conciliation, Arbitration
What does negotiation involve and is it legally binding?
Involves just the claimant and defendant trying to reach an agreement, is not legally binding
What does mediation involve and is it legally binding?
C and D employ a 3rd party who may be a friend to relay messages between them however, the 3rd party cannot offer any suggestions, only legally binding if agreement is signed
What does conciliation involve and is it legally binding?
Involves a 3rd party who may make suggestions about how to resolve the dispute, is not legally binding unless agreement is signed
What does arbitration involve and is it legally binding?
(By formal hearing or post), both parties agree to abide by the decision of the arbitrator, decisions made by an arbitrator can be enforced by court
If ADR is unsuccessful what will the case be allocated to?
Either the small claims track, fast track or multi track
Which court are cases in the small claims track allocated to?
County Court
What values of money (for personal injury and property claims) are allocated to the small claims track?
Property claims less than £10,000
PI claims less than £1,000
Which court are cases in the fast track allocated to?
County Court
What values of money (for personal injury and property claims) are allocated to the fast track?
Property claims from £10,000-£25,000
PI claims £1,000-£25,000
Which court are cases from the multi track allocated to?
County Court or High Court
What values of money will be allocated to county court from the multi track?
Property claims from £25,000-£100,000
PI claims £25,000-£50,000
What values of money will be allocated to the high court from the multi track?
Property claims over £100,000
PI claims over £50,000
What is the purpose of damages?
To restore the claimant back to their original position before D’s negligence
What are the two types of loss?
Pecuniary and Non-pecuniary loss
What is pecuniary loss?
Financial loss
Give examples of pecuniary loss
Loss of wages, medical bills, vehicle hire
What is non pecuniary loss?
Non-financial loss
Give examples of non-pecuniary loss
Injury itself, pain and suffering, loss of amenity
What are the 2 types of damages?
Special and general
What are special damages awarded for?
For losses with an exact monetry value incurred BEFORE trial
What are general damages (P) awarded for?
For losses with an exact monetry value incurred AFTER trial
What are general damages (NP) awarded for?
For losses that don’t have an exact monetry value and therefore must be estimated
What does mitigation of loss mean?
C must take reasonable steps to keep their losses to a minimum
Give examples of how C may mitigate their losses
Using NHS over private health care, travel by public transport instead of taxi
What 2 forms of payment are available to D?
Lump Sum or Structured Settlement
What is a lump sum and what are they generally used for?
Damages payed in one payment - usually for special damages
What is a structured settlement and what are they generally used for?
Payment in instalments - usually used for general damages
