Tort courts: Procedure to trial

Question 1

What are the two courts that deal with negligence claims?

Answer 1

County court and High court

Question 2

What type of civil action starts in the County Court

Answer 2

Personal injury claims up to £50,000 and property claims of up to £25,000

Question 3

What is the person who initiates the action and what do they issue

Answer 3

They’re called the claimant and they issue a Claim form

Question 4

What are the court fees and how do they increase

Answer 4

The court fee increases with the size of the claim, and the minim is £30 and the maximum is £1,700

Question 5

What are the options open to the defendant once the claim form has been issued

Answer 5

1. Admit the claim and pay the money
2. Defend the claim
3. If the defendant doesn’t reply then there is a default judgment and they will have to pay the money
4. Lodge a counter-claim against the claimant

Question 6

What are the three tracks of a civil case

Answer 6

1. Small claims track
2. Fast track
3. Multi-track

Question 7

Outline the Small claims track

Answer 7

For claims up to £10,000 and personal injury claims up to £1000. This is a flexible informal procedure and the people are encouraged to represent themselves.

Question 8

Outline the fast track

Answer 8

Straight forward cases between £10,000 and £25,000 and personal injury claims over £1000
Involves a preliminary hearing that lays down a strict timetable. Claims must be heard in 30 weeks

Question 9

What type of claims gown down the Multi-track system

Answer 9

Claims over £25,000 and complex cases below that amount

Question 10

Where is the multi track case heard

Answer 10

In the county court they are heard by a circuit judge and all cases that are above £50,000 must be heard in the High court

Question 11

What is an alternative dispute resolution

Answer 11

When a case is settled and don’t go to court. Those that do go to court usually get settled before going to trial.

Question 12

Why would the court refuse legal costs?

Answer 12

If one of the parties unreasonably refuses to consider an alternative dispute resolution

Question 13

What are the types if alternative dispute resolution

Answer 13

Negotiation - The parties try and reach an agreement together
Mediation - A go between will help the parties reach an agreement
Conciliation - A go between will offer advise or a solution which the parties can either accept or reject