Overview of a Civil Claim Flashcards
What is Dispute Resolution?
Dispute Resolution is essentially Civil Litigation.
What is the pre-action stage?
Parties are expected to try resolving the dispute before issuing court proceedings, using rules and protocols to clarify positions.
What are example statements of case in the first 2 steps of action?
Step 1: Claimant files a claim form and particulars of claim.
Step 2: Defendant responds with acknowledgement of service and/or admission, defence, or defence and counterclaim.
What is case management? Why?
A Directions Order is issued, setting a tailored timetable.
Court ensures the case proceeds justly and at proportionate cost.
What are the court tracks?
Small claims track, Fast track, Intermediate track, Multi-track – used to allocate cases based on value and complexity.
What does the evidence stage involve?
Comes after case management. Includes disclosure, witness statements, expert reports, and exchange of evidence.
What happens at trial?
The judge resolves factual disputes and determines if the claimant is entitled to the claimed remedy based on those facts.
What happens post-trial?
Enforcement if the defendant fails to comply with court orders. Either party may appeal, though appeal grounds are limited.
What are interim applications?
Requests made before trial, such as an extension of the timetable.
What are consequential appeals?
Appeals that arise from interim decisions made during the litigation process.
