Starting a negligence case

Cases that cannot be settled out of court start the formal process to take the claim to court.

• Cases where it is not expected for more than £50,000 to be awarded must start in county court 
• Other claims must be started in either county or high court 
•  Most cases started in county

Step 1 - Claiment must fill in online or pick up a claims form from the court office. 

Form requires

•  name & address of claiment and defendant
•  brief details of the claim
•  Value of the claim

This helps to establish fee payable & choice of track for the praticular claim

• If claim is expected to be less than £5,000, with some element being personal injury & there being some losses that have fixed value - claimant would write it involves personal injury & that they expect no moer tha £....

Particulars of claim will give details of the claim - can be sent speperate from rest of from - within 14 days

• particulars of claim give simple statemnt of facts which claimant has based the claim on - time, place, date
• Fee payable depends on size of claim

Step 2 - Defendant recieves the claim form 

Defendants response pack

• Admission form so he can admit claim
• Defence form is claim is not admitted
• Acknowledment of service form - conforms receipt of claim

Defenant can do 1 of 3 things

• Do nothing and not reply
• Admit all or part of claim
• Dispute all or part of claim

Majorityof claims settled without court hearing

Defendant may dispute so they can just complete ackownledment form and then have 14 - 28 days extra - may have a solicitor who will complete defence and send to the court

Step 3 - Claimant receives defence

When claimant receives defence - court sends questionnaire to all parties

• to establish locations, track and timing of trial
•  usually allocation fee of £100 - can be incentive to settle out of court ad expense of taking case forward gets more
• Trail fee of £500 for multi-track

Courts keep records on when questionnaires are due to be returned & if the have been - this is case monitoring. - Where judge receives support from court staff in carrying out case management roles.

Once questionnaires are returned procedural judge will allocate a track

• If a party does not comply with court order or time limit they may be struck out of the action - would be unable to take part in case & lose any right to claim or defend court actions

part of judicial case management - aims to keep process moving at reasonable speed - once allocated track set a date for trial - at least 21 days later