Pre Trial Procedures In Civil Cases

Question 1

Why are there pre trial procedures

Answer 1

As courts can be costly in time and money, if possible, the claim should be settled outside of court through ADR.

Question 2

What is a pre-action protocol?

Answer 2

• list of things that the courts expects parties to do before issuing claim. E.g. writing a letter to other party setting out claim with evidence of purchases/losses (letter before action)
• encourages parties to exchange info about dispute to settle by negotiation
• if not followed claimant May be liable for costs if make claim

Question 3

How do you start a civil case

Answer 3

• Most are started in County Court using the Money Claim Online Procedere, which must be a fixed amount less that £100,000 and against no more than 2 defendants.
• Or can fill in in an N1 Claim Form

Question 4

How does N1 claim form work

Answer 4

1. Claimant fills in brief details of claim and it’a value
2. Sum of money involved helps decide which track the case follows
3. Claimant pays court fee to issue claim
4. Claim served to D

Question 5

What can D do?

Answer 5

1. Can admit the claim and pay full amount - ends case.
2. D can defend claim by disputing some or all of amount claimed.
3. May make a counterclaim
   2 and 3 means D must complete an acknowledgment of service form (N9) and send back within 14 days.

Question 6

If claim is defended?

Answer 6

Parties complete Allocation Questionnaire before track is decided by court.
Case management Hearings used by judge to check both parties ready with evidence and that they keep to time limits

Question 7

What if D does nothing?

Answer 7

Claimant can seek judgement in default