Introduction Flashcards
What are the two parties involved in a civil dispute?
The defendant and the claimant
What does the claimant seek from the defendant in a civil dispute?
A remedy
List some examples of civil disputes.
- Breach of contract
- Personal injury claims
- Property disputes
- Negligence of professionals
- Custody of a child
- Divorce
- Judicial review
- Intellectual property
What are the 6 stages of dispute resolution?
- Statements of case
- Trial
- Evidence
What must the claimant state at the beginning of proceedings?
What remedy or relief they want from the court
What documents does the claimant use to set out their case?
- Claim form
- Particulars of claim
What happens if the defendant does not respond to the claim?
The claim will go quickly in the claimant’s favor
What are the two main roles of the judge during a trial?
- Decide issues of fact
- Determine if the claimant is entitled to relief
How does the judge determine which facts are true?
By looking at documents, documentary evidence, and witness statements
What is the purpose of exchanging evidence before the trial?
To ensure fairness and that both sides hear all evidence
What are the sections of the Civil Procedure Rules related to costs?
CPR 44.2 to 44.5
What costs might a party incur in pursuing litigation?
- Solicitors fees
- Court fees
- Counsel’s fees
- Experts’ fees
- Other costs (e.g., photocopying, travel)
What is the general rule regarding costs in litigation?
The unsuccessful party will be ordered to pay the costs of the successful party
What factors may the court consider when determining costs?
- Conduct of the parties
- Success on all or part of the case
What is the limit on recovery of costs?
The court will only allow a reasonable and proportionate sum to be recovered
Fill in the blank: The court has the discretion to determine whether one party should pay the other party’s _______.
costs
True or False: A successful party may recover all of its costs from the opponent.
False
What special rules are mentioned regarding costs?
Special rules for personal injury claims
