Paper One: Chapter Three Flashcards
What is a civil claim?
A claim made in the civil court when an individual or business belives their rights have been infringed.
What are the main areas of civil claims?
Contract law, law of tort, family law, employment law and company law
What are the two courts that deal with civil cases?
County Court and High Court
What is the first step of the pre-trial procedure?
The claimant and defendant negotiate an agreed settlement for the claimant’s injuries or damaged property.
What is a pre-action protocol?
Where parties are encouraged to give information to give information to each other.
Why is a pre-action protocol used?
To prevent the need for court cases to be started.
Why would a case go to court?
If the defendant denies liability or refuses to use ADR
What is an ADR?
Alternative Dispute Resolution.
What is the amount required for a case to be started in the County Court?
£100,000 or less.
What is the amount required for a case to be started in the High Court?
£100,000
What is the first step to issue a claim? (County Court)
Choose one of 200 County Court.
What is the first step to issue a claim? (High Court)
Choose one of the 20 District Registries or the main court in London.
What is the second step to issue a claim?
Need a claim form.
What is the claim form called?
N1 form.
What sort of claim can you make online?
Money claim.
The claim is filed at a court office and a fee is charged for issuing a claim.
The claim is filed at a court office and a fee is charged for issuing a claim.
How much is a fee for a claim of £300
£35 in 2017
How much is a fee for a claim of £200,000
£10,000 in 2017
What is one way a defendant may take action? What happens after?
May admit the claim and pay the full amount. Case end as the claimant achieves what they want.
What is another way a defendant may take action? What happens after?
May dispute the claim. Must send an acknowledgment of service or a defence to the court within 14 days of receiving the claim.
What is an acknowledgment of service also know as?
N9 form.
What happens if a defendant doesn’t take action?
The claimant can ask the court to make an order that the defendant pays the money and costs claimed.
