Pre-trial procedure for issuing a civil claim

Question 1

What are the 4 stages of the pre-trial procedure for civil cases

Answer 1

Claim form
Served on the defendant
Allocation Questionnaire
Trial

Question 2

Claim form

Answer 2

-claimant fills it out (will have to pay a fee, dependent on amount of claim)

includes
-particulars of the claim
-statement of truth

-can be completed online

Question 3

What are the defendants 4 choices when they receive the claim form (served on the defendant)

Answer 3

Settle - pay the full amount

Ignore the claim - cl will win by default if the df doesn’t reply in 14 days

Defend - may file a defence within 14 days to the court

Counter-claim - make a claim against the cl

Question 4

Allocation questionnaire

Answer 4

Sent to both cl and df

Used to determine track allocation

Judge managing the case will allocate it to a suitable track

Question 5

Trial

Answer 5

Heard in either the County Court or High Court (dependent on track)

Judge will listen to both sides and make a decision on which party will be successful

Losing party may be ordered to pay the winners legal fees