intro / improvements

• what is the civil term for victim

  claimant
• what is the civil term for defendant

  defendant
• what is the civil term for beyond reasonable doubt

  on the balance of probabilities
• what is the civil term for burden on prosecution

  burden on claimant
• what is the civil term for guilty

  liable
• what is the civil term for punishment

  form of remedy (compensation or injunction)
• what is the civil equivalent to mags & crown courts

  county & high courts
• what is the significant report that proposed recommendations to change the civil process?

  Access to justice report (woolf report) 1996
• how many recommendations did lord woolf propose?

  303
• what 3 acts did the woolf report lead to?

  -civil procedure act 1997

  -civil procedure rules 1998

  -access to justice act 1999
• what 4 key problems did lord woolf identify?

  -expensive- costs exceeding amount in dispute

  -delays- 3 to 5 year wait

  -complex- diff procedures

  -adversarial- exploitative, not cooperative
• what is rule 1 of criminal procedure rules?

  overriding objective
• what did the overriding objective do?

  enabling the court to deal with cases justly & at proportionate cost
• what 4 ways was the civil process changed via?

  -simplification

  -judicial case management

  -pre-action protocols

  -encouragement of ADR
• how was simplification used?

  introduced 3 track system
• what are the 3 tracks?

  -small claims

  -fast track

  -multi track
• what amount do small claims cover up to?

  £10,000
• what amount do fast track claims cover up to?

  £25,000
• what amount do multi track claims cover?

  over £25,000
• for personal injury claims what amount do small claims cover up to?

  £1000
• for personal injury claims what amount do fast track claims cover up to?

  £1000-£15,000
• for personal injury claims what amount do multi track claims cover?

  over £15,000
• what judge & court do small claims occur in?

  -district

  -county
• what judge & court do fast track claims occur in?

  -circuit

  -county
• what judge & court do multi track claims occur in?

  -county

  OR

  -high court
• is legal representation recommended for small claims?

  no - will add unnecessary costs
• is legal representation recommended for fast track claims?

  optional
• is legal representation recommended for multi track claims?

  yes
• what else was also simplified?

  language & claim forms
• give examples of simplified language

  plaintiff = claimant

  minor = child

  writ = claim form
• how were claim forms simplified

  went from a diff claim form for each type of track to one N1 claim form for all
• how was judicial case management used to improve the civil process?

  -judges should encourage parties to settle

  -introduced limitations on evidence

  -judges take on more active role
• what does it mean "to settle"

  reach agreement out of court
• how are judges expected to encourage parties to settle

  -transparency - warn parties if cost likely to outweigh compensation

  -encourage part 36 offers - agreement out of court
• how were limitations on evidence introduced?

  single joint expert acts for both sides (Pt 35)
• how are judges expected to play a more active role in case management?

  -more hands-on

  -encourage cooperation

  -earlier identification of issues

  -fix timetables

  -use technology e.g. video calls
• how were pre-action protocols used to improve the civil process?

  -encourages parties to settle which saves money & time

  -each category of claim has diff protocol enabling more tailored approach
• how has encouragement of ADR helped improve the civil process?

  -postponing court proceedings for 1 month
• what does ADR stand for?

  alternative dispute resolution
• what can courts not do when it comes to ADR? why?

  -cannot force it onto parties

  -against art 6 ECHR- right to fair trial