Civil Courts & ADR: Pre-Trial Procedure

Question 1

What claim form must be filled?

Answer 1

N1 Claim form

Question 2

Who fills out and signs the N1 claim form?

Answer 2

Claimant

Question 3

What does the N1 claim form include?

Answer 3

Particulars or truth
Statement of truth

Question 4

What will the claimant have to do?

Answer 4

Pay a court fee

Question 5

What is served on the defendant?

Answer 5

Smaller claims posted to D by courts
Larger claims are ‘served’ on the D by a court official who delivers by hand

Question 6

What are the 4 options with served on the D?

Answer 6

Settle
Ignore the claim
Defend
Counter-claim

Question 7

What is settling?

Answer 7

D pays full amount claimed and case is over

Question 8

What is ignoring the claim?

Answer 8

C can win the claim by default if D doesnt reply to claim within 14 days

Question 9

What is defending?

Answer 9

D may file defence within 14 days to court using N9 claim

Question 10

What is counter-claiming?

Answer 10

D may wish to make claim against C

Question 11

What is an allocation questionnaire?

Answer 11

The C and the D are sent an AQ to help court decide which track the case should be allocated to

Question 12

What happens at trial?

Answer 12

Case heard at HC or CC, depending on track.
Jugdes listens to both sides, decides whcih party is successful
Losing party may be forced to pay winner’s legal costs as well as compensation