Civil Cases

• 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

• 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

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

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.

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

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)

On