Pre-Trial Procedure | Civil Law

Question 1

What is a “pre-action protocol” ?

Answer 1

-A list of things to be done

Question 2

What is the purpose of “pre-action protocol” ?

Answer 2

-If the parties fail to follow this procedure and give the required information to the other party, they may be liable for certain costs, if they make a claim. The reason for this is so that parties give each other information, in an attempt to stop the case from going to court.

Question 3

How does a claimant file a claim ?

Answer 3

A claimant needs to fill out an N1 claim form, this must be handed in at the court office and a fee is paid.

Question 4

What determines how much it costs to file a claim ?

Answer 4

The amount of the claim itself.

Question 5

What are the different ways a defendant may respond to a claim ?

Answer 5

-Admit the claim and pay the full amount
-Dispute the claim and respond by filling out an N9 form, or by a defence to the court within 14 days.
-If the defendant fails to do any of these things, the claimant can ask the claimant to make an order that D pays money and costs.

Question 6

How is the track decided ?

Answer 6

Once a claim is defended, it will be allocated to the most suitable track.