Rules

• Civil procedure rules:

  • The civil procedure rules 1998 were formed following the Woolf reforms. These rules govern all civil cases (County or high courts). Rule 1 contains the overriding objective 'to deal with cases justly and at a proportionate cost'
• Civil procedure rules: - claim form

  • Parties involved
  • the details of the claim
  • resolution that they are seeking (damages/injunctions).
  • Pay an allocation fee
  • Carry the burden of proof.
  • Defendant can admit the claim and pay the full amount, defend the claim and proceed to court or ignore the claim - causing 'order in default'
• Civil procedure rules - pre-action protocols

  • Followed by both parties
  • Failure to follow may lead to sanctions.
  • Both parties must communicate with each other, share documents and evidence.
  • The aim is to encourage a productive dialogue which may lead to settling out of court.
  • Rule 26.4 states that ADR is encourages as using court is adversarial.
• Civil procedure rules - offer to settle

  • Initiated by either party at any time.
  • Discussions are 'without prejudice' meaning that where is it rejected and the trial continues, the judge is not aware (to reduce influence).
  • If accepted, the claim ends.
  • If a reasonable offer is rejected, then it may become relevant to the judge (E.g, Katie Hopkins)
• Direction questionnaire:

  • Gives the judge more information to help them allocate to the most appropriate track.
  • Cases can be allocated to a higher or lower track where necessary, the county court hears small claim tracks, fast and ,multi-track, the high court hears multi-track cases.
• Rules - small track claims:

  • Under Part 27
  • Under £10k
  • fees range from £35-£455
  • litigant in person
  • Informal
  • district judges are encourages to be 'inquisitorial' to assist the parties
• Rules - fast track:

  • Part 28
  • claims between £10k-£25k
  • fee is 5% of the claim
  • aims to be heard in 30 weeks
  • strict timetable for pre-trial matters
  • heard by circuit judge
  • limited to 1 day and 1 joint witness
• Rules - multi-track:

  • Part 29
  • Claims £29k+
  • fee is 5% of the claims (10k is over 200k)
  • case is managed by a circuit judge
  • held in county or high court, depending on complexity