Pre-trial Procedure

Question 1

Introduction

Answer 1

• Before a claim is issued, a pre-action protocol must be followed
• This is a list of things to be done and if the parties do not follow this and give the required information to the other party, they may be liable for certain costs if they make a court claim
• The reason for this is so that the parties give each other information in an attempt to stop the case from going to court

Question 2

What must the claimant do first?

Answer 2

• Complete an N1 form to issue the claim
• Must be handed in at a court office and a fee is paid
• The fee depends on how much the claim is for
• The higher the claim, the higher the fee

Question 3

When the defendant receives the claim, they may either:

Answer 3

SETTLE - Admit the claim and pay the full amount
DEFEND - Dispute the claim by sending an N9 form or a defence to the court within 14 days
COUNTER - If defendant does not do any of these things, the claimant can ask the claimant to make an order that the defendant pays money and costs
IGNORE - claimant can win the case by default is the defendant does not reply within 14 days

Question 4

Trial

Answer 4

• Heard in either county court or high court
• The losing side may be made to pay the winners costs