Civil Courts

• What is the primary purpose of civil courts?


  To settle disputes between private individuals or organizations
• Who is the person bringing the action in a civil case?

  The claimant
• What is the standard of proof in civil cases?


  On the balance of probabilities
• Who has the burden to prove the case in a civil action?


  The claimant
• What is the typical outcome for a claimant in a civil case?


  They seek some form of remedy, such as compensation or an injunction
• In which court are civil cases often heard?

  The County Court
• What are the key differences between civil and criminal law?

  • Civil law settles disputes between individuals or organizations
  • Criminal law involves prosecution by the state
  • Standards of proof differ: civil uses balance of probabilities, criminal uses beyond reasonable doubt
  • Different terminology: claimant vs. defendant in civil, victim vs. defendant in criminal
• What report led to the Access to Justice Act 1999?


  The Access to Justice Report 1996 (Woolf Report)
• How many recommendations were made by Lord Woolf in the Access to Justice Report?


  303 recommendations
• What were the key problems identified by Lord Woolf in the civil justice system?


  Expensive, delays, complex, adversarial
• What is the overriding objective of the Civil Procedure Rules (CPR)?


  • Enable the court to deal with cases justly
  • Ensure reasonable cost and speed
  • Provide fair treatment
  • Use appropriate procedures
  • Make processes understandable
• What does the 3-track system in civil procedure refer to?


  A system categorizing cases into Small Claims, Fast Track, and Multi Track
• What is the value limit for Small Claims in the civil process?


  Up to £10,000
• What is the value limit for Fast Track cases?


  Up to £25,000
• What is the value threshold for Multi Track cases?


  Over £25,000
• What is the recommended legal representation for Small Claims?


  Not recommended
• What is the recommended legal representation for Fast Track cases?


  Optional
• What is the recommended legal representation for Multi Track cases?


  Recommended
• What simplifications were made in the Civil Procedure Rules regarding terminology?

  • 'Plaintiff' changed to 'claimant'
  • 'Minor' changed to 'child'
  • 'Writ' changed to 'claim form'
  • Introduction of N1 claim form
• What is the purpose of pre-action protocols in civil procedure?


  To encourage settlement and prevent court appearances
• What is the role of judicial case management in civil procedure?


  To encourage cooperation and active management of cases
• What is the significance of the Pt 36 offer in civil procedure?


  If not accepted and the court award is less than the offer, the party can be sanctioned
• What are the benefits of Alternative Dispute Resolution (ADR)?


  Better working relationships and savings in time and money