Civil Procedure and Damage$

Question 1

What is the first thing that the claimant must do begin court proceedings?

Answer 1

Complete a claim form

Question 2

What 4 things must be included in the claim form?

Answer 2

C and D’s name and address
Amount Claimed
Particulars of claim
Statement of truth

Question 3

After receiving the claim form, D has 2 weeks to reply, in what ways can D respond?

Answer 3

Accept full liability, Accept partial liability, Deny everything or Counterclaim

Question 4

If D does not accept full liability, what will be encouraged between C and D?

Answer 4

Alternative dispute resolution

Question 5

What are the four ADR’s?

Answer 5

Negotiation, Mediation, Conciliation, Arbitration

Question 6

What does negotiation involve and is it legally binding?

Answer 6

Involves just the claimant and defendant trying to reach an agreement, is not legally binding

Question 7

What does mediation involve and is it legally binding?

Answer 7

C and D employ a 3rd party who may be a friend to relay messages between them however, the 3rd party cannot offer any suggestions, only legally binding if agreement is signed

Question 8

What does conciliation involve and is it legally binding?

Answer 8

Involves a 3rd party who may make suggestions about how to resolve the dispute, is not legally binding unless agreement is signed

Question 9

What does arbitration involve and is it legally binding?

Answer 9

(By formal hearing or post), both parties agree to abide by the decision of the arbitrator, decisions made by an arbitrator can be enforced by court

Question 10

If ADR is unsuccessful what will the case be allocated to?

Answer 10

Either the small claims track, fast track or multi track

Question 11

Which court are cases in the small claims track allocated to?

Answer 11

County Court

Question 12

What values of money (for personal injury and property claims) are allocated to the small claims track?

Answer 12

Property claims less than £10,000

PI claims less than £1,000

Question 13

Which court are cases in the fast track allocated to?

Answer 13

County Court

Question 14

What values of money (for personal injury and property claims) are allocated to the fast track?

Answer 14

Property claims from £10,000-£25,000

PI claims £1,000-£25,000

Question 15

Which court are cases from the multi track allocated to?

Answer 15

County Court or High Court

Question 16

What values of money will be allocated to county court from the multi track?

Answer 16

Property claims from £25,000-£100,000

PI claims £25,000-£50,000

Question 17

What values of money will be allocated to the high court from the multi track?

Answer 17

Property claims over £100,000

PI claims over £50,000

Question 18

What is the purpose of damages?

Answer 18

To restore the claimant back to their original position before D’s negligence

Question 19

What are the two types of loss?

Answer 19

Pecuniary and Non-pecuniary loss

Question 20

What is pecuniary loss?

Answer 20

Financial loss

Question 21

Give examples of pecuniary loss

Answer 21

Loss of wages, medical bills, vehicle hire

Question 22

What is non pecuniary loss?

Answer 22

Non-financial loss

Question 23

Give examples of non-pecuniary loss

Answer 23

Injury itself, pain and suffering, loss of amenity

Question 24

What are the 2 types of damages?

Answer 24

Special and general

Question 25

What are special damages awarded for?

Answer 25

For losses with an exact monetry value incurred BEFORE trial

Question 26

What are general damages (P) awarded for?

Answer 26

For losses with an exact monetry value incurred AFTER trial

Question 27

What are general damages (NP) awarded for?

Answer 27

For losses that don’t have an exact monetry value and therefore must be estimated

Question 28

What does mitigation of loss mean?

Answer 28

C must take reasonable steps to keep their losses to a minimum

Question 29

Give examples of how C may mitigate their losses

Answer 29

Using NHS over private health care, travel by public transport instead of taxi

Question 30

What 2 forms of payment are available to D?

Answer 30

Lump Sum or Structured Settlement

Question 31

What is a lump sum and what are they generally used for?

Answer 31

Damages payed in one payment - usually for special damages

Question 32

What is a structured settlement and what are they generally used for?

Answer 32

Payment in instalments - usually used for general damages