Overview Of A Civil Claim

Question 1

This diagram sets out the key stages of a civil claim. You are likely to come across this diagram again in the course of your studies at BPP. I’m not going to take the stages entirely in order

Answer 1

but bear with me and it will all come together. I will recap the stages

Question 2

Pre-action stage: Pre-action considerations and conduct

Question 3

Statements of case stage: Claim form and particulars of claim; then Acknowledgement of service and/or admission / defence / defence and counterclaim

Question 4

Case Management stage: Allocation; then either Small claims track plus directions

Answer 4

Fast track plus directions

Question 5

Evidence stage: Disclosure

Answer 5

witness statements

Question 6

Trial stage: Preparations for trial and trial

Question 7

Post-trial stage: Enforcement

Answer 7

appeal.

Question 8

At the beginning of the proceedings

Answer 8

the claimant needs to state what remedy or relief they want ie what order or judgment they want the court to make at trial. Generally

Question 9

Having established that there is a legal basis for the claim

Answer 9

the claimant needs to set out the facts underpinning the claim ie the facts entitling the claimant to that remedy. The claimant does this in documents called the claim form and particulars of claim.

Question 10

And then the defendant must respond. If the defendant does not respond or the defendant admits the claim

Answer 10

the claim is likely to proceed quickly to a judgment in the claimant’s favour. But if the defendant wants to avoid that

Question 11

The claim form

Answer 11

particulars of claim and defence are statements of case – crucial documents because they define the scope of the dispute.