Paper One: Chapter Three

Question 1

What is a civil claim?

Answer 1

A claim made in the civil court when an individual or business belives their rights have been infringed.

Question 2

What are the main areas of civil claims?

Answer 2

Contract law, law of tort, family law, employment law and company law

Question 3

What are the two courts that deal with civil cases?

Answer 3

County Court and High Court

Question 4

What is the first step of the pre-trial procedure?

Answer 4

The claimant and defendant negotiate an agreed settlement for the claimant’s injuries or damaged property.

Question 5

What is a pre-action protocol?

Answer 5

Where parties are encouraged to give information to give information to each other.

Question 6

Why is a pre-action protocol used?

Answer 6

To prevent the need for court cases to be started.

Question 7

Why would a case go to court?

Answer 7

If the defendant denies liability or refuses to use ADR

Question 8

What is an ADR?

Answer 8

Alternative Dispute Resolution.

Question 9

What is the amount required for a case to be started in the County Court?

Answer 9

£100,000 or less.

Question 10

What is the amount required for a case to be started in the High Court?

Answer 10

£100,000

Question 11

What is the first step to issue a claim? (County Court)

Answer 11

Choose one of 200 County Court.

Question 12

What is the first step to issue a claim? (High Court)

Answer 12

Choose one of the 20 District Registries or the main court in London.

Question 13

What is the second step to issue a claim?

Answer 13

Need a claim form.

Question 14

What is the claim form called?

Answer 14

N1 form.

Question 15

What sort of claim can you make online?

Answer 15

Money claim.

Question 16

The claim is filed at a court office and a fee is charged for issuing a claim.

Answer 16

The claim is filed at a court office and a fee is charged for issuing a claim.

Question 17

How much is a fee for a claim of £300

Answer 17

£35 in 2017

Question 18

How much is a fee for a claim of £200,000

Answer 18

£10,000 in 2017

Question 19

What is one way a defendant may take action? What happens after?

Answer 19

May admit the claim and pay the full amount. Case end as the claimant achieves what they want.

Question 20

What is another way a defendant may take action? What happens after?

Answer 20

May dispute the claim. Must send an acknowledgment of service or a defence to the court within 14 days of receiving the claim.

Question 21

What is an acknowledgment of service also know as?

Answer 21

N9 form.

Question 22

What happens if a defendant doesn’t take action?

Answer 22

The claimant can ask the court to make an order that the defendant pays the money and costs claimed.