Chapter 1 Flashcards
What is civil litigation?
The way civil disputes are resolved through the courts.
Give examples of civil disputes that can arise.
- Next door neighbours disagreeing about the boundary line for their property.
- A driver has been injured in an accident when another driver collided with their car.
- A retailer has been supplied with defective goods from their supplier.
- A company has acted on incorrect advice from their accountant.
Define claimant.
The person who has suffered or is suffering some kind of loss.
Define defendant.
The person who is alleged to of caused or causing the loss or damage.
Who brings the prosecution in a civil dispute?
Claimant.
What is meant by deciding liability?
This is when the judge will consider if the defendant has beached their obligations to the claimant and whether the breach has caused the loss.
What is the Civil Procedure Rules 1998?
The CPR governs proceedings in the County Court and the High Court.
What is a pre-action protocol in CPR?
Provides guidance on the best practice to be adopted prior to proceedings.
What is the overriding objective of CPR?
To deal with cases justly and at a proportionate cost.
What does CPR 1.3 state?
All parties are required to help the court further the overriding objective.
What does the county court deal with?
Straight forward cases such as claims for money with a value of less than £100k and personal injury claims for less than 50k.
What are the 3 divisions of the High Court?
Queens bench, chancery and family division.
