Pre-trial procedure

Question 1

What must the answer include?

Answer 1

• Forms of ADR
• Pre-action protocol defined AND EXPLAINED (response to claim by D etc.)
• N1 form and fees
• The likely track
• Venue
• Judges Case Management
• Burden of proof.
• AND YOU MUST APPLY!!!!!!!

Question 2

ADR

Answer 2

• Many cases are dealt with by means of Alternative Dispute Resolution (ADR) rather than being settled in court.
• The types of ADR are: negotiation (between two parties), mediation, conciliation (which involve a third party helping to find a solution), or arbitration (where the decision by a third party is legally binding).

Question 3

Pre Action Protocols

Answer 3

 -This is a list of things the parties have to do before the case begins.
 -Failure to comply may result in liability for certain costs.
 -It starts by C sending D a letter to explain why D is at fault, details of the injury, etc.
 -D then has 3 months to investigate and explain if he accepts or denies liability.
 -The parties should agree an expert witness if required, and all key documents must also be disclosed to the other party before trial, such as specialist medical reports.

Question 4

Issuing a claim

Answer 4

• To start a case in court, C must complete form N1 (ask for help from court staff or CAB) and pay the court fee which costs between £35 - £1700.
• The court will then allocate Cs case to a track depending on how much the claim is for.

Question 5

Case management

Answer 5

-Under the Civil Procedure Rules 1999 judges must manage the case. This involves:
 -Identifying the issues at an early stage
 -Deciding which issues require investigation
 -Encouraging the use of ADR
 -Dealing with procedural steps
 -Giving directions to ensure the trial is quick and efficient
 -Fixing timetables

Question 6

Case Management

what is the role of a judge?

Answer 6

-It is the role of the judge in a civil case to listen to the evidence from both sides and decide if D is liable or not. If D is liable, the judge also has to decide on the amount of damages to award to C.

Question 7

Burden of Proof

Answer 7

• C has the burden of proving D is liable (duty breach and damage)
• the standard of proof is on the balance of probabilities unless res ipsa loquitur applies.