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Civil cases pre trial procedure
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Created by
Harriet Marris
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Cards (17)
Pre-action protocol -
Rules
to follow
Civil Procedure Rules (CPR) (1998)
Pre-action protocol
- letter of -----
parties give
letters
of
claim
to each other
Pre-action
protocol - should prevent
a
court
case
Pre-action
protocol - Failure to comply
could result in additional court costs and assumption of
guilt
Pre-action protocol - how long is there to respond
21
days
N1 form
- who receives
1
for claimant
1
for defendant
1 for court
N1 form - who pays the fee for submission
Claimant
must
pay
the fee
N1 form - what does this fee depend on
the
claim amount
N1 form - includes:
C's
name
D's
name
claim
value
claim
details
N1 form alternate name
claim form
N1 form - response period
Response in
14
days
N1 form - possible responses
Accept/dispute
the
liability/amount
N1 form - if no response
D automatically
held
liable
Allocation questionnaire - aim
decide track
Allocation questionnaire - track decided on
value
and
complexity
Allocation
questionnaire - how track found
directed questions about
claim
and
circumstance
Allocation questionnaire - other areas considered
any
application
to court or neglect of
pre-action
protocol