Civil Process Flashcards
What did the Woolf report lead to?
The Civil Procedure Rules 1998 and the Access to Justice Act 1999.
What is the pre-action protocol?
The defendant must receive a letter explaining how the claim arises and details of any injury or damage. The defendant is given three months to investigate and reply with an admission of liability or a denial.
What is a claim form?
In order to claim in court you need a claim form. The Citizens Advice Bureau can help fill it out. The claimant must then return it to a court with the appropriate court fee.
What do courts try to get parties to use?
Alternative Dispute Resolution.
What case undermined Lord Woolf and ruled parties cannot be forced to use ADR?
Halsey v Milton Keynes General NHS Trust (2004).
What are the advantages of the small claims track?
Cost of proceedings is low, you can represent yourself, a district judge helps parties explain their case.
What are the disadvantages of the small claims track?
Legal funding is not available, District Judges are not very good at helping unrepresented claimants, only 60% of claimants manage to get all the money awarded by the court.
How may a defendant dispute the claim?
They may send an Acknowledgement of Service or a full defence to the court within 14 days. If only a AoS is sent then they have an extra 14 days to send a defence.
What is an order in default?
If the defendant does not send a AoS or a defence the claimant can ask the court to find in their favour.
What types of damages may be awarded?
Special damagaes, general damages, nominal damages and exemplary damages.
What is the difference between special damages and general damages?
Special damages may be calculated such as the cost of repairing a car, general damages are awarded for things that are incalculable such as personal injury or suffering.
What are equitable remedies?
Injunctions. specific performance, rescission and rectification.
What are specific performance, rescission and rectification?
Only available for contract law, SP is that the contract should be carried out as agreed, Rescission aims to return the parties to a pre contract position and rectification is that the contract should be altered to reflect the parties’ intentions.
What are advantages of the civil process?
The multi-track system allows flexibility of allocation, Costs have been driven down because of the strict timetable imposed and increasing the level in the small claims court to £5,000 relieves the burden on the county court.
What are some disadvantages of the civil process?
Judges are not familiar with case management as there is no training for it and most are unfamiliar with IT, cases which are settled by ADR incur needless court costs on the client and old terminology has been replaced with new terminology - nearly 400 pages of procedure under old system now there are over 2000.
