Civil Trial Pre Trial Procedure

Question 1

Pre action protocol

Answer 1

• explain conduct - set out steps the court would normally expect parties to take before court action
• want resolve as many issues as possible before court
• base decision of court on what compensation claim is - judge align

Question 2

Issuing claim

Answer 2

Claim form N1
- completed with names + addresses of the parties, brief details on claim and money being claimed
- claim can be filed at county court office, high court if high value, online for debt claim, fee charged dependant on value of the claim

Question 3

Defending a claim

Answer 3

Court will send or serve the claim to the defendant who can then
1. admit claim and pay full amount to end claim
2. Admit claim and pay instalments
3. Dispute claim + file defence as to why shouldn’t be paid
4. File ‘acknowledgement of service’ - ask for more time to file for defence