Tort- Civil Procedure To Trial

Question 0

Small Claims Track

Answer 0

For disputes under £10,000
Limit for personal injury £1,000
County court by district judge
Judge plays an active role
D and C encouraged to represent themselves

Question 1

ADR

Answer 1

Many cases are dealt with ADR
Negotiation
Mediation
Conciliation
Arbitration
Use to reduce the cost, free up court time and provides a less intimidating setting

Question 2

Fast Track

Answer 2

Straightforward claims £10,000 to £25,000
Strict timetable set
Aim to be heard within 30 weeks
Hearing limited to 1 day
Circuit judge in County Court

Question 3

Multitrack

Answer 3

Claims over £25,000
Puisne Judge in High Court
Judge sets timetable

Question 4

Burden of Proof

Answer 4

Burden of proof is on C

Case must be proven on the ‘balance of probabilities’

Question 5

Red Ipsa Loquiter

Answer 5

Let the facts speak for themselves
Mahon v Osbourne - medical swabs found in the body
D must prove he wasn’t negligent