Civil Procedure
- Created by: Shannon Cunningham
- Created on: 14-04-14 15:30
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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.
- These should be followed or the court may later refuse to hear claim.
- 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
- Under £5000 (£1000- personal injury)
- The case will be allocated to the most appropriate track:
- 1. Pre- Action Protocol
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