Pre trial procedures

• Pre action protocols:

  The first step before issuing any court claim is to follow an appropriate pre-action protocol. These protocols explain the conduct and set out the steps the court would normally expect parties to take before starting any court action. The aim of a pre-action protocol is to ensure that as many problems as possible can be resolved without the need for a court hearing.
• Which court can be used if the claim is less than £ 10,000 or £ 1000 in personal injury claims?

  Small claims court
• When can a claim go to the small claims court?

  If the claim is less than £ 10000 in value, or £ 1000 in a personal injury claim.
• When MUST a claim be started in the county court?

  If it the claim is valued less than £ 100,000 or £ 50000 in personal injury claims.
• If the claim is valued less than £ 100,000 or £ 50000 in personal injury claims then which court must the claim be started in?

  County court.
• Which court(s) can a claim of more than £ 100000 or £ 50000 be started in?

  County court, but most likely the high court
• What is a N1 form?

  It is a claim form that must be completed with the names and addresses of the parties, brief details of the reason for the claim and the amount of money being claimed.
• What form contains the names and addresses of the parties, brief details of the reason for the claim and the amount of money claim?

  N1 form
• Where can a N1 form be filed?

  County court office, High court if its a high value claim, online for debt claims.
• what are the options for a defendant in terms of what they can do if served a claim?

  Admit and pay the full amount to the claimant- this ends the claim.

  Admit the claim, and pay in installments- the claim ends when the full payment is given.

  Dispute the claim, and file a defence setting out why the claim shouldn't be paid in full or part.

  File an acknowledgment of service confirming receipt of the claim but asking for more time to file a defense.

  If the D fails to respond, then the C can apply for judgment in default meaning that the C wins and the D can be forced to pay the sum claimed.
• what value of claim warrants being assigned to the small claims track?

  Less than £ 10000 or £ 1000 in personal injury claims
• Give a brief explanation of the small claims track?

  The claim is heard by a district judge and lawyers arent encouraged. the time allocated to a hearing will be a maximum of 2 - 3 hours and each party will be allowed a limited number of witnesses
• What value of claim warrants being assigned to the fast track?

  claims between £ 10,000 and £ 25,000
• Give a brief description of the fast track?

  1. A case allocated to this track will have a strict timetable set at a max 30 weeks. if the parties do not follow the time table the nmthe claim can be thrown out or judgement is awarded in default.
  2. the hearing will be a maximum of one day in open court with a limited number of witnesses called and is usually heard by a circuit judge.
  3. each of the parties can be represented by a lawyer.
• what value of case can be allocated to the multi track?

  £ 25,000 to £ 50,000
• Describe a case in the muti-track

  1. usually allocated to the county court
  2. the hearing will take place before a circuit judge
  3. the case will be strictly case managed by the circuit judge who sets out a strict timetable, the disclosure of relevant documents, the number of witnesses, and how long the case lasts.
  4. if the case involves complicated points of law or evidence, or if it involves more than £ 50,000 in value then it can be passed to the high court.