Pre-Trial Procedure (Civil) Flashcards
(11 cards)
What must happen before a claim is issued in civil court?
A pre-action protocol must be followed.
What is a pre-action protocol?
A list of steps each party must take before starting a court case, including sharing information.
What happens if the pre-action protocol is not followed?
The party that fails to follow it may have to pay costs, even if they win the case.
What is the purpose of the pre-action protocol?
To encourage parties to exchange information and try to avoid going to court.
What form must a claimant complete to issue a civil claim?
An N1 form.
Where is the N1 form submitted?
At a court office.
Is there a fee to submit the N1 form?
Yes. The fee depends on the value of the claim — the higher the claim, the higher the fee.
What can a defendant do after receiving a claim?
They have three options: admit the claim and pay the full amount, dispute the claim by sending an N9 form or a defence, do nothing.
How long does the defendant have to respond?
14 days.
What happens if the defendant does nothing within 14 days?
The claimant can ask the court to make an order requiring the defendant to pay money and costs.
What happens once a claim is defended?
It will be allocated to the most suitable track by the court.
