Pre-Trial Procedure in Civil Cases (SA P1 CIVIL COURTS AND ADR)

Question 1

Why should problems try to be resolved outside of court?

Answer 1

Court is costly in time and money

Question 2

What is pre-action protocol?

Answer 2

• List of things the court expects parties to do before a court claim is issued (e.g writing a letter to other party setting out claim including evidence of purchase or losses incurred)
• Hope is that parties can settle the dispute by negotiation
• If these actions are not followed then that party may be liable for costs

Question 3

How to start a civil case

Answer 3

• Started in county court and use Money Claim Online procedure (must be less than £100,00 and be against no more than 2 defendants)
• Alternatively, claimant can fill in paper claim form (form N1)
• Fills in brief details of claim and value
• Sum of money involved helps decide which court and track the case follows
• Claimant pays a court fee to issue the claim
• Claim is then served on D

Question 4

What happens after starting a civil case?

Answer 4

• D can admit the claim and pay the full amount: ends the case
• D can defend the claim by disputing some/all of the amount claimed: D must complete an acknowledgment of service form (N9) or defence and send it to court within 14 days
• D may make a possible counterclaim: D must complete an acknowledgment of service form (N9) or defence and send it to court within 14 days

Question 5

What happens if the claim of defended?

Answer 5

• Parties must complete and Allocation Questionnaire before the court decides on most suitable ‘track’
• Case management hearings used by judge to check both parties are ready with evidence and that they keep to time limits

Question 6

What happens if D does nothing?

Answer 6

If D ignores the claim, the claimant can see judgement in default