Lecture 6 - The Civil Justice Process

• Who is the Module Lead for the Family Law Clinic?

  Luke Fisher
• What topics are covered in the Civil Justice Process module?

  • Background
  • The Civil Courts
  • The Process and Civil Procedure Rules
  • Part 36 Offers
  • Pre-action Protocols
  • Alternative Dispute Resolution
  • The Three Tracks
  • Disclosure
  • Sanctions
  • Fees
  • Money Claim Online
  • Costs
  • Criticism
  • Reform
• What is the primary purpose of the Civil Justice System?

  To resolve disputes between individuals
• Who bears the burden of proof in a civil case?

  The Claimant
• What standard of proof is used in civil cases?

  On balance of probabilities
• What significant reforms were implemented in the Civil Justice System in 1999?

  Reforms based on Lord Woolf's "Access to Justice" report
• How many County Courts are there throughout the jurisdiction?

  170 County Courts
• What is the monetary threshold for claims to be issued in the County Court?

  Claims < £100,000 must be issued in the County Court
• What types of claims are heard in the Chancery Division?

  Finance and property, tax, and bankruptcy claims
• What is the overriding objective of the New Civil Procedure Rules?

  To deal with cases justly and at proportionate cost
• What must be ensured regarding the parties in a civil case?

  That they are on an equal footing
• What is required before proceedings commence in a civil case?

  A Letter Before Action
• What is the time limit for bringing proceedings after harm suffered?

  Six years
• What exceptions exist for the limitation period in civil cases?

  Exceptions for historic sexual abuse
• What must accompany a claim for money?

  A statement as to value
• What is the minimum claim value for proceedings to be started in the High Court?

  More than £100,000
• What is the minimum claim value for personal injury claims to be started in the High Court?

  £50,000 or more
• How can a claim form be served on the Defendant?

  By modern methods such as Email or Facebook
• What must the Defendant do within 14 days of being served?

  File an Acknowledgment or Defence
• What happens if the Defendant fails to respond within the specified time?

  The Claimant can apply for judgment in default
• What must the Defendant provide if they deny an allegation?

  State the reasons for the denial
• What does the court serve on each party to allow allocation to the appropriate track?

  An Allocation Questionnaire
• What follows the disclosure process in civil proceedings?

  Each party seeks more details through requests for information
• What must be filed and served seven days before the first Case Management Hearing?

  Costs schedules
• What is the purpose of 'without prejudice' negotiations?

  To encourage genuine attempts to settle
• What is a Part 36 offer?

  A written offer to settle a claim
• What happens if a Part 36 offer is accepted?

  It must be paid within 14 days
• What can happen if a case is not settled after a Part 36 offer?

  Proceed to trial
• What happens if the Claimant is awarded less than a previous Part 36 offer?

  They cannot claim costs from the date of the offer
• What is required for all formal documents in civil proceedings?

  Must be verified with a statement of truth
• What is the consequence of a false statement accompanied by a statement of truth?

  It is considered contempt
• What is the purpose of pre-action protocols?

  To encourage reasonable behavior during the pre-trial stage
• How many pre-action protocols exist?

  Fourteen pre-action protocols
• What is the aim of the Practice Direction on pre-action conduct?

  To encourage out of court settlement
• What must the respondent do after receiving a letter before claim?

  Acknowledge within 14 to 90 days
• What is the court's duty regarding Alternative Dispute Resolution (ADR)?

  To encourage and facilitate the use of ADR
• What is arbitration in the context of ADR?

  A process where a third party decides the dispute
• What is mediation in the context of ADR?

  A process where a qualified mediator assists parties in reaching a solution
• What is conciliation in the context of ADR?

  A process similar to mediation but with a more interventionist approach
• What is the role of the court in case management?

  The court is the active manager of the litigation