Procedure to trial - Civil

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  • 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

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