civil procedure rules (p.1 s.b) Flashcards
what is the track system?
•part 27,28,29 of cpr
•small claims
•fast track
•multi track
-they make court trials quicker
-the simplification of procedures
what are small claims?
up to £10,000
•personal injury e.g car accident causing whip lash
•inheritance
what is fast track?
up to £25,000
•employment
•family
what is multi track?
over £25,000
•divorce which involves property and money
•defamation
what is the woolf report 1996?
proposals for the reform of the civil justice system
he said that the original civil justice system is: expensive, complex, adversarial, full of delays
what was put in place as the result of the woolf report?
the civil procedure rules 1998
what is part 1 of the cpr?
the overriding objective is that cases are dealt justly and actively
what is part 3 of the cpr?
•this gives the power of the judges to decide if a party is not co-operating with the other party.
•in result of this sanctions may be imposed (such as awarding less damages to the winning party if they have not co-operated)
e.g in vinos vs marks and spencer 2000
vinos vs marks and spencer 2000
part 3 of the cpr - claimant was not cooperative, so sanctions where imposed
what is part 36 of the cpr?
this is when the defendant is expected to make a ‘reasonable offer’ to jen it is clear they have committed a civil wrong.
•if not accepted claimants may be sanctioned by the judge if it goes to court eg in the case of jimmy nail
jimmy nail
part 36 cpr - didn’t accept the reasonable offer, so he was sanctioned by the judge
what is part 52 of cpr
civil appeals - deals with appeals against decisions made in civil proceedings
civil appeals (part 52) - appeals from the county court
•the court of appeal will allow an appeal where the decision of the court was:
-wrong
-unjust
civil appeals (part 52) - appeals from high court to supreme court
•known as the leapfrog procedure
•only when it’s in the public’s importance
