Procedure to trial - Civil
- Created by: Tom Ower
- Created on: 20-05-13 17:58
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- Procedure to trial Civil
- Track system
- Small Claims track - claims up to £5,000 (£1,000 for personal injury) D Judge
- Fast track - Claims between £5,000 and £25,000. D judge
- Multi-track - All cases worth more than £25,000 C Judge
- >£50,000 = High Court
- Burden of proof
- Rests on C to prove their case against D
- Standard of proof based on balance of probabilities beyond reasonable doubt.
- Heard in County Court within local jurisdiction of where D lives
- Parties encouraged to use ADR to resolve disputes.
- 1) C sends details of his/her claim to D
- 2) If D rejects claim or fails to reply to it, the C makes a formal claim in the county court using Form N1
- 3) If no defence is lodged by D, default judgement will be made in favour of C
- 4) If defence is lodged, case will be directed to appropriate track.
- Small claim = Less formal, judge acts as arbitrator
- Fast track = Preliminary hearing + trial date within 30 weeks
- Multi-track = Case management hearing
- 4) If defence is lodged, case will be directed to appropriate track.
- 3) If no defence is lodged by D, default judgement will be made in favour of C
- 2) If D rejects claim or fails to reply to it, the C makes a formal claim in the county court using Form N1
- Track system
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