Pre trial procedures

Cards (16)

  • Which court should be used if the claim is worth less than £ 10000 or £ 1000?
    Can be started in the small claims court
  • Which court should be used if the case is worth less than £ 100000 or less than £ 50000 in a personal injury claim?
    Must be started in the county court
  • If the case is worth more than £ 100000 or £50000 in a personal injury claim, which courts can be used?
    Can be started in either the county court, or more likely to be the high court.
  • What is an N1 form, and who fills it out?
    An N1 form has to be completed with the names and addresses of the parties, brief details of the reason for the claim and the money being claimed.
  • Where can an N1 form be filed?
    A county court office
    A high court if the case is high value
    Online for a debt claim
  • What are the four options for the defendant after being served a claim?
    Admit the claim and pay in full (this ends the case)
    Admit the claim and pay in installments, the case ends whem all the money has been paid
    Dispute the claim and file a defense on why the claim shouldnt be paid
    File an acknowledgement of service confirming the reciept of the claim form but to ask for more time
  • When a claim is served to a defendant, what happens if they dont reply?
    Default judgment. The claimant has won the case, and an attempt can be made to force the payment.
  • What are the three tracks?
    Small claims track
    Fast track
    Multi track
  • What is the value of claim in the fast track?
    Less than £ 10000 or £ 1000 in personal injury claims
  • What is the value of the claim in the fast track?
    £ 10000 - £ 25000
  • What is the value of claim in the multi track?
    Between £ 25000 and £ 50000
  • What is an explanation of the small claims track?
    The claim will be heard by a district judge, where lawyers are not encouraged. The time allocated to a hearing will be a maximum of 2 or 3 hours, Each party will have a limited number of witnesses
  • What is an explanation of the fast track?

    A case allocated to this track will have a strict timetable set at a max of 30 weeks.
    If the timetable isnt followed the claim can be thrown out or judgement in default can be awarded.
    The hearing, a max of one day in open court, will be heard by a circuit judge with a limited number of witnesses.
    Each of the parties can be represented by a lawyer
  • What is an explanation of the multitrack?
    The case is usually allocated to the county court
    It will take place before a circuit judge
    The case will be strictly managed by the judge, who sets out a timetable, the disclosure of relevant documents, the number of witnesses and how long the case will last.
    if the case involves complex areas of law or evidence, or it involves more than £ 50000 in value, it can be passed onto the high court.
  • What is the form that the claimant would fill to initiate a claim, and what is it for?
    The N1 claim form is used to initate the civil claim process. It forms the outlines of hte details of the claim, including the nature of the claim and the remedy sought.
  • What is the form that the defendant would fill in response to an N1 claim form?
    It is called an N9 defense and counterclaim form; it outlines the defendant's version of events, admits or denial of allegations and a few legal defences.