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Z - AS Law - Civil Process > Issuing A Claim > Flashcards

Issuing A Claim Flashcards

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1
Q

What act was created in 1998?

A

The civil procedure rules

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2
Q

When were the civil procedure rules created?

A

1998

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3
Q

When were the civil procedure rules amended?

A

2005

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4
Q

Why were the civil procedure rules 1998 and access to justice act 1999 implemented?

A

To overhaul the civil justice system to ensure a case was dealt with justly in response to the Woolf report

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5
Q

What act was passed in 1999?

A

The access to justice act

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6
Q

When was the access to justice act created?

A

1999

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7
Q

What happened as a result of the Woolf report?

A

The access to justice act 1999 and civil procedure rules 1998 were created to ensure a case was dealt with justly

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8
Q

Why was the Woolf report commissioned?

A

To research into the problems of the court system

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9
Q

What did Lord Woolf state in his report?

A

He criticised the system for long delays and unacceptable expense. The high court was overburdened which was causing delayed between the high court and county court. He also accused lawyers of unnecessarily delaying cases to drive up fees. Often the cost of pursing cases outstripped the value of the damages awarded.
He was also critical if the high number of expert witnesses which added excessive costs
Greater use of ADR

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10
Q

Why were there delays in the court?

A

The high court was overburdened and this caused delays between the high court and county court

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11
Q

Before the Woolf report why was talking a case to court so expensive?

A

He accused lawyers of unnecessarily delaying cases to drive up fees
A high number of excessive witnesses were used which added excessive costs

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12
Q

What just be done before the claimant can begin an action?

A

A pre-action protocol must be complete

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13
Q

What happens if the claimant does not follow the protocol?

A

Extra costs may be incurred

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14
Q

What is set out within the protocol?

A

It states the defendant must receive a letter explaining how the claim arose, why the other party is deemed to be at fault and details of any injury or damage

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15
Q

What happens once the defendants received the letter?

A

They are given three months to investigate the claim and reply, setting out whether liability is admitted or denied

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16
Q

What should happen if expert witnesses are used in the pre-action protocol?

A

Parties should agree that just one should be used

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17
Q

What happens after the pre-action protocol?

A

A claim form with explanatory notes is required

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18
Q

What is needed to claim in court?

A

A claim form (N1)

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19
Q

What is a N1 form?

A

A claim form

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20
Q

Where can claimants receive help with completing paper work?

A

From the citizens advice bureau it the court staff

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21
Q

What happens once the claim form (N1) is completed?

A

The claimant keeps a copy of this form for himself and each defendant and returns it to the court office with the appropriate court few

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22
Q

What is the court fee for claims over £50,000?

A

£500

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23
Q

What happens once the decision to sue is made?

A

A decision on which would be the most appropriate court is used

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24
Q

Why can proceedings be postponed for one month?

A

To attempt to settle the dispute using an alternative method of dispute resolution. The courts should urge parties to use ADR.

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25
Q

Why was Lord Woolf keen to implement greater use of ADR?

A

Because it encourages amicable settlements and enables the courts to focus on more complex cases in turn meaning there’s less delays

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26
Q

What was said in the case of Halsey v Milton Keynes General NHS trust?

A

The ECHR said parties cannot be forced to use ADR as this contravenes their right to a fair trial

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27
Q

What case stated that it contravenes the right to a fair trial if parties are forced to use ADR?

A

Halsey v Milton Keynes General NHS Trust

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28
Q

Explain which cases start at county court (different from types of cases)…

A

Claims for personal injury up to £50,000 must be started in the county court
For claims over £25,000 the claimant may chose the convenient court but just consider how much is being claimed and the complexity of the law
(Cases can be transferred between the two)

29
Q

What are the two main courts in the civil process?

A

The high court and county court

30
Q

What types of cases start in the high court?

A

Defamation cases
For claims over £25,000 the claimant may chose the most convenient court but just consider how much is being claimed and the complexity of the law
(Cases may be transferred between the two courts if needed)

31
Q

What happens once a case is defended?

A

The court will allocate the case to the most suitable track

32
Q

What are the different tracks?

A

Small claims
Fast track
Multi track

33
Q

What cases will use the small claims track?

A

Claims under £5000 (except for personal injury)

Housing (but the limit is £1000)

34
Q

What claims go to fast track?

A

Straightforward disputes between £5000 and £25,000

35
Q

What is the time period for hearing a case in fast track?

A

Within 30 weeks

36
Q

What are the features of fast track?

A

Straightforward disputes between £5000 and £25,000
Heard within 30 weeks
Limited to 1 court day and (usually) 1 expert witness
Heard by a circuit judge

37
Q

What cases go through multi track?

A

Cases over £25,000 or complex cases under this amount

38
Q

Who allocated a case to a track?

A

The district judge in the county court

Or the procedural judge (master) in the high court

39
Q

What helps judges allocate a case to a track?

A

They can send both parties an allocation questionnaire

40
Q

Briefly, what options does a defendant have when he receives a claim form?

A

Admit the claim, pay in full, case closed
Dispute the claim
If nothing is done then there is an order in default

41
Q

What happens if the defendant admits liability?

A

They will pay up in full and that will be the end of the matter

42
Q

What happens the the defendant disputes the claim?

A

They must either send an acknowledgement of service (form N9) and a defence to the court within 14 days of receiving the claim

43
Q

What happens if the defendant only sends an N9 form?

A

They will be given an extra 14 days to serve a defence

44
Q

What is the acknowledgement of service form also known as?

A

N9 form

45
Q

What happens if the defendant does nothing in response to the claim?

A

An order in default will take place where the claimant can ask the court to make an order requiring the defendant pays the money and costs which have been claimed

46
Q

What is an order in default?

A

This happens if the defendant does not respond to the claim, the claimant can ask the court to make an order requiring the defendant pays the money and costs which have been claimed

47
Q

What happens once the claim is defended?

A

The court will allocate the most suitable track

48
Q

What types of cases are heard in the county court?

A 
Cases involving: 
Contract law
Tort law (such as personal injury)
Land law 
Disputes of partnerships, trusts and inheritance to the value of £30,000 
Divorce cases
49
Q

What is a subdivision of the county court?

A

The small claims court

50
Q

What type of cases does the small claims court hear?

A

Those with a value up to £5000

51
Q

What does the small claims court discourage?

A

The use of lawyers

52
Q

What are the three divisions of the high court?

A

Queens bench division
Chancery division
Family division

53
Q

What types of cases does the queens bench division hear?

A

Contract cases
Tort cases
Applications for judicial review

54
Q

What types of cases does the chancery division hear?

A

Insolvency for companies and individuals
Enforcement of mortgages
Disputes relating to trust property
Intellectual property matters

55
Q

What types of cases does the family division hear?

A

Wardship cases
All cases relating to the children act 1989
Probate cases
Declarations of nullify of marriage

56
Q

Briefly, what are the advantages of the news reforms as imposed by the access to justice act 1999 and the civil procedure rules 1998?

A

The track system allows for more flexibility, speeding up the system and making if cheaper
Costs have been driven down
Greater control of ruthless lawyers
Burden has been relieved from county court

57
Q

How has the track system improved the civil procedure process?

A

It enables flexibility in terms of allocation as now cases can be allocated according to complexity. This in turn speeds up the system and makes it cheaper for parties involved

58
Q

What did Woolf cite about one claim in particular?

A

The claim was for £2000 but came to £69,295 in fees

59
Q

How have costs been driven down by the access to justice act 1999?

A

There is a stricter timetable i.e with the fast track system a case must be heard within 30 weeks, the trial is also restricted to one day in court and 1 expert witness

60
Q

How is there now greater control of ruthless lawyers?

A

Judges have also been assigned the role of case managers for more complicated cases to stop lawyers from deliberately causing delays

61
Q

How has the burden been relieved from the county court?

A

Because the claims court can now hear cases of a value of up to £5,000 so more cases can be heard there

62
Q

What did Tony Allen say?

A

That waiting lists have dwindled and cases are reaching trials more quickly

63
Q

Briefly, what are the disadvantages of the new system?

A

Equally as complicated, if not more so
Judges aren’t familiar with case management
Pre-action protocols have increased delays
Expensive allocation fees

64
Q

What is the argument that the new system is more complicated?

A

Old terminology has been replaced by new terminology but it’s argued this was unnecessary
Peter Thompson QC states that under the old rules there were 392 pages of the procedure and now there’s 2301

65
Q

What had Peter Thompson QC stated?

A

Peter Thompson QC states that the new system is more complicated as under the old rules there were 392 pages of the procedure and now there’s 2301

66
Q

What have been the problems with judges not being familiar with case management?

A

They’ve had no training in this. It also involves a lot of IT and a lot of money has been spent on this with little success as there’s been many problems with its installation

67
Q

What did professor Zander state?

A

That the delays remain because there are still problems with the court administration process which Woolf did not account for

68
Q

What are the allocation fee costs?

A

Claims between £5,000 and £15,000 charge £225

Claims over £300,000 are charged £1,530

69
Q

What is an overview of the civil procedure process?

A

Claimant must complete the pre-action protocol
Then a claim form (N1)
The defendants responds to the claim
Judges then select a court and a track

Z - AS Law - Civil Process (4 decks)

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