civil courts

• What is the Civil Procedure Act year?

  1997
• What is the Civil Procedure Rules year?

  1998
• What are the simplifications in civil procedure terminology?

  • ‘plaintiff’ → ‘claimant’
  • ‘minor’ → ‘child’
  • ‘writ’ → ‘claim form’
• What is the role-play activity in civil process learning?

  • One person acts as solicitor
  • Other acts as client
  • Client reads scenario
  • Solicitor provides advice
  • Swap roles afterward
• What is the purpose of Judicial Case Management?

  To encourage settlement and manage cases actively
• What does ADR stand for in civil process?

  Alternative Dispute Resolution
• What is a key feature of Judicial Case Management?

  Encouragement to settle disputes
• What happens if a Part 36 offer is not accepted?

  Sanctions may apply if court award is less
• What are the key aspects of Pre-action Protocols?

  • Encourage settlement before court
  • Prevent court appearances
  • Different protocols for each category
• What is the significance of Halsey v Milton Keynes General NHS Trust (2004)?

  Courts cannot force ADR due to ECHR
• What are the benefits of ADR?

  • Better working relationships
  • Saves time and money
• What are the two key reports related to civil process reform?

  ‘Zander on Woolf’ and ‘A Few Home Truths’
• What is the purpose of the Civil Justice System?

  • Settle disputes between private individuals or organizations
  • Claimant brings action; defendant defends
  • Cases proved on balance of probabilities
• What is the standard of proof in civil cases?

  Balance of probabilities
• Who has the burden to prove the case in civil law?

  The claimant
• In which court are civil cases often heard?

  County Court
• What are the four key problems identified by Lord Woolf?

  • Expensive
  • Delays
  • Complex
  • Adversarial
• What is the overriding objective of Rule 1 CPR?

  To deal with cases justly and at proportionate cost
• What are the three tracks in the civil process simplification?

  • Small Claims: Up to £10,000
  • Fast Track: Up to £25,000
  • Multi Track: Over £25,000
• What is the court for Small Claims?

  District Judge – County Court
• What is the court for Fast Track cases?

  Circuit Judge – County Court
• What is the court for Multi Track cases?

  County Court or High Court
• What is the recommendation for legal representation in Small Claims?

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

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

  • Recommended