Civil Process Flashcards
What major issues did Lord Woolf identify in the civil justice system in 1996?
The major issues identified were: Expensive, Delays, Complex, Adversarial, Unjust, Emphasis on Oral Evidence.
What did the Lord Woolf Report lead to?
The Lord Woolf Report led to the Civil Procedure Rules/Act 1997 and the Access to Justice Act 1999.
What is the overriding objective of the Civil Procedure Rules?
The overriding objective is to ensure cases are dealt with justly.
What are Pre-Action Protocols designed to do?
They are designed to encourage parties to exchange information and cooperate, aiming for out-of-court settlements.
What does ‘Balance of Probabilities’ mean in civil law?
It means that a party must show that their case is more likely true than not.
What is the key reform introduced by the Access to Justice Act 1999 regarding procedures?
The introduction of a common procedural code for both County and High Court.
What is the maximum claim value for small claims under the 3 track system?
Up to £10,000 (up to £1,000 for personal injury).
What is Case Management in the context of the Civil Procedure Reform?
Case Management involves judges actively managing cases, setting timetables, and ensuring parties comply.
What kind of sanctions can judges impose for delays in the case management process?
Judges can impose adverse awards of costs or strike out a case.
What are the three tracks in the 3 track system?
Small Claims, Fast Track, Multi Track.
What must a claimant do to initiate a claim in court?
The claimant must fill in a Claim Form (N1) and pay a fee to the court.
What is Part 36 in the context of settlements?
Part 36 allows for an offer to settle at any time during the proceedings.
What is meant by ‘Adverse award of costs’?
It refers to a judge ordering one party to pay costs incurred by another party due to improper conduct.
Why are judges’ proactive powers in managing cases important?
They improve efficiency and reduce costs by ensuring timely progression of cases.
What is the significance of the shift from ‘Plaintiff’ to ‘Claimant’ in civil procedures?
It reflects a more modern and accessible approach to civil litigation.
In the civil justice context, what does ‘Unjust’ refer to according to the Lord Woolf Report?
It refers to the inequities and unfair outcomes often resulting from the previous civil justice system.
How does the Civil Procedure Rules ensure cases are addressed with proportionality?
By dealing with cases in ways proportional to the amount of money involved and the importance/complexity of the issues.
What must a defendant do within 14 days of being served with a claim?
The defendant must respond by either admitting the claim, disputing it, or ignoring it.
What does ADR stand for, and why is it important in civil procedure?
ADR stands for Alternative Dispute Resolution, and it is important as it offers ways to settle disputes without going to trial.
What happens during the Pre-Trial administration stage in the court process?
It involves disclosure, arranging witnesses, and expert testimony preparations.
What is the aim of the Court in the case management reform?
The aim is to manage the case instead of the parties, improving fairness and efficiency.
What is the relationship between Pre-Action Protocols and the goals of the CPR?
Both focus on ensuring fair dealings and reducing costs through early cooperation between parties.
What timeframe do parties have to respond to a claim before a default judgment can be sought?
Parties have 14 days to respond.
What does ‘Liable’ mean in the context of civil law?
It means being legally responsible for something, usually pertaining to compensation for damages.
