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LAW-Civil Courts > Starting a Court Case- > Flashcards

Starting a Court Case- Flashcards

You may prefer our related Brainscape-certified flashcards:
Civil Procedure 1L flashcards MBE flashcards MPRE flashcards
1
Q

When was the civil justice case reformed?

A

1999 following the Woolf Report

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2
Q

What should happen in cases of personal injury in particular before the claim is issue?

A

a pre-action protocol

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3
Q

When is a pre-action protocol?

A

a list of things that need to be done

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4
Q

How long is the defendant given to investigate a claim before they must reply?

A

3 months

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5
Q

after 3 months, what must the defendant reply?

A
  • If liability is admitted or denied

- reasons for denial

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6
Q

Which 2 courts hear civil cases?

A
  • County court

- High Court

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7
Q

Where must cases where the claim is £25,000 or less be started?

A

County Court

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8
Q

If the claim is larger than £25,000 where will the case be started?

A

the claimant can usually choose to start the case in either County Court or High Court

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9
Q

What are the restrictions to where cases can be started?

2

A
  • personal injury cases for less than £50,000 must be started in County Court
  • all defamation actions must be started in the High Court
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10
Q

What is the type of case a court deals with referred to as?

A

the jurisdiction of the court

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11
Q

How is the jurisdiction of the County Court wide?

A
  • can hear cases of any amount

- can hear claims about almost every type of civil law

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12
Q

What cases can County courts hear for example? (4)

A
  • Tort cases
  • Contract cases
  • Land law cases
  • Family cases
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13
Q

What are the 3 divisions of he High Court?

A
  • Queens bench division
  • Chancery division
  • Family division
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14
Q

How many County Courts are there in the country?

A

220

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15
Q

How many District Registries are there as well as the main court in London?

A

20

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16
Q

To issue a claim, what is the form named?

A

N1 form

17
Q

Who will give you notes to help you fill out the form?

A

The Court office

18
Q

Who will help you fill out the N1 form? (3)

A
  • Court staff
  • advice centres
  • Citizens’ Advice Bureau
19
Q

in 2013, what was the fee to issue a claim of up to £300

A

£35

20
Q

In 2013, what was the maximum fee for a small claim (under £5,000)?

A

£125

21
Q

In 2013, what was the fee of claims over £300,000?

A

£1,670

22
Q

What are the 3 routes which may happen when issuing a claim?

A
  • 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
23
Q

What must the defendant do if they wish to dispute the claim? (2)

A

-Send an acknowledgement of service (N9)

or a defence to the court within 14 days of receiving the claim

24
Q

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?

A

14 days

25
Q

When will the court allocate a track?

A

Once the claim is defended

26
Q

Who decides on which track should be used?

A

the District Judge in the County Court
or
the Master in the High Court

27
Q

When is a Small claims track used (2)?

A
  • normally used for disputes under £10,000

- personal injury cases & housing cases limit is £1,000

28
Q

When is a task track used?

A

-used for straightforward disputes of £10,000-£25,000

29
Q

When is a Multi-track used? (2)

A
  • for cases over £25,000

- complex cases under this amount

30
Q

What is an allocation questionnaire?

A

This is used to ask which track the parties think is suitable and for details of the case

31
Q

What may happen if there is a claim over £25,000 ?

A

there may be a decision to transfer the case from the County Court to the High Court or vice versa

LAW-Civil Courts (7 decks)

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