Civil Procedure

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  • Civil Procedure
    • 1. Pre- Action Protocol
      • These should be followed or the court may later refuse to hear claim.
        • C will send letter to D who will be given 14 days to reply.
    • 2. Claim Form
      • If D will not settle, C or their solicitor completes the form including name and address of C and D and details of claim.
    • 3. Service
      • C takes the form to court and pays fee based on value of claim.
      • C then serves the form on D by posting it along with a response pack.
    • 4. D's response
      • D has 14 days to replay or can return an 'acknowledgment of service' to the court if they want extra time (28 days)
      • D may admit the claim+ case is over OR Ignore the claim = C can ask for judgement OR Dispute the claim = case goes for trial.
    • 5. Allocation questionnaire
      • This is sent to D and C who will complete it and sent it back to the court. It asks for information on the value of the claim.
      • case is managed by judge who monitors progress.
    • 6. Allocation to track
      • The case will be allocated to the most appropriate track:
        • Under £5000 (£1000- personal injury)
          • Small Claims track = county court.
        • £5000-£25000
          • Fast track = County court
        • £25000-£50000
          • Multi-track = Tried in whichever court they were started (county/high) but can be transferred.
        • Over £50000
          • Multi-track = High Court

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