Starting a Court Case- Flashcards
When was the civil justice case reformed?
1999 following the Woolf Report
What should happen in cases of personal injury in particular before the claim is issue?
a pre-action protocol
When is a pre-action protocol?
a list of things that need to be done
How long is the defendant given to investigate a claim before they must reply?
3 months
after 3 months, what must the defendant reply?
- If liability is admitted or denied
- reasons for denial
Which 2 courts hear civil cases?
- County court
- High Court
Where must cases where the claim is £25,000 or less be started?
County Court
If the claim is larger than £25,000 where will the case be started?
the claimant can usually choose to start the case in either County Court or High Court
What are the restrictions to where cases can be started?
2
- personal injury cases for less than £50,000 must be started in County Court
- all defamation actions must be started in the High Court
What is the type of case a court deals with referred to as?
the jurisdiction of the court
How is the jurisdiction of the County Court wide?
- can hear cases of any amount
- can hear claims about almost every type of civil law
What cases can County courts hear for example? (4)
- Tort cases
- Contract cases
- Land law cases
- Family cases
What are the 3 divisions of he High Court?
- Queens bench division
- Chancery division
- Family division
How many County Courts are there in the country?
220
How many District Registries are there as well as the main court in London?
20
To issue a claim, what is the form named?
N1 form
Who will give you notes to help you fill out the form?
The Court office
Who will help you fill out the N1 form? (3)
- Court staff
- advice centres
- Citizens’ Advice Bureau
in 2013, what was the fee to issue a claim of up to £300
£35
In 2013, what was the maximum fee for a small claim (under £5,000)?
£125
In 2013, what was the fee of claims over £300,000?
£1,670
What are the 3 routes which may happen when issuing a claim?
- defendant admits the claim and pays full amount
- defendant may dispute the claim
- defendant may not dispute or admit, in this case the claimant can ask the court to make an order that the defendant pays the money and costs claimed
What must the defendant do if they wish to dispute the claim? (2)
-Send an acknowledgement of service (N9)
or a defence to the court within 14 days of receiving the claim
How long does the defendant have to serve the defence when only an acknowledgement of service is sent, and not a defence to the court?
14 days
When will the court allocate a track?
Once the claim is defended
Who decides on which track should be used?
the District Judge in the County Court
or
the Master in the High Court
When is a Small claims track used (2)?
- normally used for disputes under £10,000
- personal injury cases & housing cases limit is £1,000
When is a task track used?
-used for straightforward disputes of £10,000-£25,000
When is a Multi-track used? (2)
- for cases over £25,000
- complex cases under this amount
What is an allocation questionnaire?
This is used to ask which track the parties think is suitable and for details of the case
What may happen if there is a claim over £25,000 ?
there may be a decision to transfer the case from the County Court to the High Court or vice versa
