Describe the PRE-TRIAL procedure of a civil claim (8 marks)

• Before starting a claim, a pre-action protocol will be followed where information and documents are exchanged, and the parties are encouraged to negotiate a settlement through Alternative Dispute Resolution (ADR) such as mediation.
• If a settlement cannot be agreed, the claimant may be advised to use the Ministry of Justice's 'Money Claim Online'. The claim begins by the claimant filing at court a Claim Form (N1) and paying a court fee. On receipt of the Claim Form the defendant can admit the claim and pay the full amount, admit the claim and pay in instalments, dispute the claim by filling at court a Defence (N9), or file an Acknowledgement of Service, which confirms he is aware of the claim but asks for time to file a defence.
• The case will be allocated to one of 3 tracks after an allocation questionnaire has been completed by the parties, depending upon the amount being claimed and/or the complexity of the case.
• The Small Claims Track deals with any claim up to £10,000 or up to £1000 for personal injury or landlord and tenant cases.
• Cases are heard in the County Court by a District Judge and can be heard by a circuit judge. There will be strict time limits and a restricted number of witnesses allowed. The parties are encouraged to represent themselves without using lawyers.
• The Fast Track deals with cases between £10,000 to £25,000 and over £1,000 for personal injury or landlord and tenant cases.
• Cases are heard in the County Court by a District Judge and can be heard by a Circuit Judge. There will be a strict trial limit of one day, and a restricted number of witnesses. Legal representation is common.
• The case is usually heard within 30 weeks of allocation.
• The Multi Track deals with cases of over £25,000 (or less if the case involves complex law). Cases usually start in the County Court before a Circuit Judge, but are sent to the High Court if the case involves complex law or is over £100000
• The judge will actively manage the case and will set a strict timetable including what evidence must be disclosed, how many witnesses will be used, and trial length. Legal representation is common.