pre-trial procedure for a civil claim

• 1. The civil procedure is governed by the Civil Procedure Rules 1999.
• 2. When a civil dispute occurs, it is normal to try and resolve it by negotiating with the other person/business or using a method other than going to court, known as Alternative Dispute Resolution (ADR) - as a result of the Woolf Reforms.
• 3. If the other party denies liability or refuses to use ADR, then the only way to get compensation for the injuries/damage will be to start a court case following the pre-action protocol.
• 4. The claimant will begin the court proceedings by issuing a claim form (form N1) at court and serving it on the D. This sets out the details of the claim.
• 5. The D must acknowledge receipt of the claim form (form N9). If the D admits the claim or doesn't reply in 14 days, formal judgement is entered for the claimant.
• 6. Otherwise he can issue a defence at court and serve it upon the claimant, setting out his case.
• 7. If this happens the case is allocated to one of the three tracks. The judge makes this decision.
• The three track system:

  The three track system was introduced under The Woolf Reforms by Lord Woolf.
• The small claims track: is used for claims of less than £10,000.But a maximum if £1500 for personal injury. Dealt with in County court by a district Judge. Often fast and quite flexible. The claimant and the D are encouraged to represent themselves. Relatively informal.
• The Fast track: is for claims of £10,000-£25,000.It is called Fast Track because of very strict timetable. Cases are aimed to be completed in no more than 30 weeks. Heard in County court usually by a Circuit Judge. Rather more formal
• The Multi track: is for claims of £25,000 plus. normally heard in County court by a circuit judge. However claims above £100,000 or personal injuries above £50,000 or more complex cases may go to High court. Heard by a Circuit judge or High court judge.