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

Issuing A Claim Flashcards

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
Why was Lord Woolf keen to implement greater use of ADR?
Because it encourages amicable settlements and enables the courts to focus on more complex cases in turn meaning there's less delays
26
What was said in the case of Halsey v Milton Keynes General NHS trust?
The ECHR said parties cannot be forced to use ADR as this contravenes their right to a fair trial
27
What case stated that it contravenes the right to a fair trial if parties are forced to use ADR?
Halsey v Milton Keynes General NHS Trust
28
Explain which cases start at county court (different from types of cases)...
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
What are the two main courts in the civil process?
The high court and county court
30
What types of cases start in the high court?
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
What happens once a case is defended?
The court will allocate the case to the most suitable track
32
What are the different tracks?
Small claims Fast track Multi track
33
What cases will use the small claims track?
Claims under £5000 (except for personal injury) | Housing (but the limit is £1000)
34
What claims go to fast track?
Straightforward disputes between £5000 and £25,000
35
What is the time period for hearing a case in fast track?
Within 30 weeks
36
What are the features of fast track?
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
What cases go through multi track?
Cases over £25,000 or complex cases under this amount
38
Who allocated a case to a track?
The district judge in the county court | Or the procedural judge (master) in the high court
39
What helps judges allocate a case to a track?
They can send both parties an allocation questionnaire
40
Briefly, what options does a defendant have when he receives a claim form?
Admit the claim, pay in full, case closed Dispute the claim If nothing is done then there is an order in default
41
What happens if the defendant admits liability?
They will pay up in full and that will be the end of the matter
42
What happens the the defendant disputes the claim?
They must either send an acknowledgement of service (form N9) and a defence to the court within 14 days of receiving the claim
43
What happens if the defendant only sends an N9 form?
They will be given an extra 14 days to serve a defence
44
What is the acknowledgement of service form also known as?
N9 form
45
What happens if the defendant does nothing in response to the claim?
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
What is an order in default?
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
What happens once the claim is defended?
The court will allocate the most suitable track
48
What types of cases are heard in the county court?
``` 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
What is a subdivision of the county court?
The small claims court
50
What type of cases does the small claims court hear?
Those with a value up to £5000
51
What does the small claims court discourage?
The use of lawyers
52
What are the three divisions of the high court?
Queens bench division Chancery division Family division
53
What types of cases does the queens bench division hear?
Contract cases Tort cases Applications for judicial review
54
What types of cases does the chancery division hear?
Insolvency for companies and individuals Enforcement of mortgages Disputes relating to trust property Intellectual property matters
55
What types of cases does the family division hear?
Wardship cases All cases relating to the children act 1989 Probate cases Declarations of nullify of marriage
56
Briefly, what are the advantages of the news reforms as imposed by the access to justice act 1999 and the civil procedure rules 1998?
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
How has the track system improved the civil procedure process?
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
What did Woolf cite about one claim in particular?
The claim was for £2000 but came to £69,295 in fees
59
How have costs been driven down by the access to justice act 1999?
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
How is there now greater control of ruthless lawyers?
Judges have also been assigned the role of case managers for more complicated cases to stop lawyers from deliberately causing delays
61
How has the burden been relieved from the county court?
Because the claims court can now hear cases of a value of up to £5,000 so more cases can be heard there
62
What did Tony Allen say?
That waiting lists have dwindled and cases are reaching trials more quickly
63
Briefly, what are the disadvantages of the new system?
Equally as complicated, if not more so Judges aren't familiar with case management Pre-action protocols have increased delays Expensive allocation fees
64
What is the argument that the new system is more complicated?
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
What had Peter Thompson QC stated?
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
What have been the problems with judges not being familiar with case management?
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
What did professor Zander state?
That the delays remain because there are still problems with the court administration process which Woolf did not account for
68
What are the allocation fee costs?
Claims between £5,000 and £15,000 charge £225 | Claims over £300,000 are charged £1,530
69
What is an overview of the civil procedure process?
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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