Civil Cases

English legal System Unit 1

Civil Cases

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  • Created by: oli
  • Created on: 07-05-11 19:08


  • Negotiation takes place at the start of most civil cases as it is inexpensive and private
  • If the case cannot be settled the aggrieved person must decide whether to take the matter further
  • The next step could be starting a type of ADR or seeking legal advice from a solicitor
  • The next step is going to court:
  • Although this is very expensive because of court fee's
  • and if you lose you may have to pay the other partys costs
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Starting a Court Case

  • Civil justice system was reformed in 1999
  • By the Woolf Report 1999
  • Firstly parties need to exchange information to each other
  • This is called pre-action protocol
  • After the information is given the defendant has 3 months to investigate the claim and reply with acceptance or denial of the claim
  • Also if a expert is needed the parties should try to agree to one expert
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Which court to use?

Two courts are:

  • the County Court
  • the High Court
  • For claims of 15000 or less they must be started in County Court
  • For claims over 15000 the claimant can choose which one to start in
  • High Court and County Courts Jurisdiction Order 1991
  • Although the personal injury cases for less than 50000 must start in county
  • And defamation actions must be started in High court
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If the High court is choosen a division must be allocated to the case:

  • Queen's Bench Division
  • Chancery Division
  • Family Division

Whereas the county court is a much more General court and can hear claims of any amount and any type.

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Issuing a Claim

To issue a clam you need a N1 form

get help filling in the form from citizens advice bureau or court staff

Fee's for claims is proportionate to the claim so a claim for 300 would be 30 pounds

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Defending a Claim

When the defendant recieves a claim they can either

  • Admit to the claim and pay the amount and the case will end
  • or the defendant can dispute the claim and must send either a acknowledgement of service( form N9), this then gives the claiment a extra 14 days to serve the defence
  • Or a defence to the court within 14 days of recieving the claim
  • If the defendant does neither of these things the claiment can request that the defendant has pay the costs and the claim (Order of Defult)
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Three tracks


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