Summary
Summary Civil Justice System 7
- Course
- Institution
Summary of 4 pages for the course Law at BU (Revision Notes)
[Show more]
Seller
Follow
jessicaraghwani
Content preview
Civil Justice System 7 – Civil ClaimElements of a civil claim
Dispute/legal wrong
Pre-action correspondence
Issue claim
[Assuming] Claim = defended
Case management directions: what parties should do to prepare for trial
Pre-trial preparation: disclosure/exchange of evidence
Hearing (if no settlement)
Enforcement of judgement
Funding/costs risk – two issues:
How will Claimant’s legal fees be paid?
What about risk of losing – how will Defendant’s fees be paid?
Types of funding – own lawyers’ costs
o Private payment – Claimant pays fees + has funds to pay D’s costs if loses (or doesn’t care)
o Legal aid – Claimant has limited funds and is granted legal aid to bring claim
o Third party funding – various forms including ‘Crowd funding’ – esp. for public interest litigation
o Conditional fee agreements
Other side’s costs
o Usual rule: unsuccessful party is ordered to pay successful party’s costs
o Subject to exceptions, including:
Legal aid – provides ‘costs protection’ to legally aided party
Court’s permission must be obtained to enforce a costs order
Personal injury claims – also gives Claimant ‘costs protection’
But some exceptions inc if ‘fundamental dishonesty’
o “Qualified One Way Costs Shifting”
Can obtain insurance to cover risk – ‘After the Event Insurance’ – “ATE”
o In Judicial Review can obtain ‘costs capping’ orders – to limit liability
Because of importance of public interest litigation
NB see Aarhus claims – environmental cases (fixed costs capping)
o Real risk of bankruptcy/loss of home if can’t afford to pay – see Katie Hopkins/Andrew Mitchell MP
Comparison: two types of claim
Private law claim: breach of contract
o Parties = entered contract
o One party – claimant – alleges other party – D in breach of contract + loss suffered as a result
o Seeks compensation and/or performance of contract (damages/injunction)
Public law claim: judicial review
o Parties = Claimant – person (or other legal entity) with sufficient interest (‘standing’)
o D = public body (govt or other public body)
o Claimant alleges decision, action (or inaction) of public body – defendant = unlawful
o Seeks order to cancel decision or compel performance of public duty
Pre-action correspondence: Pre-Action Protocol
Breach of contract: No protocol but Practice Direction on Pre-action Conduct and Protocols
o General recommendations + suggested time limits
Judicial review: Specific pre-action protocol + Template letter in CPR
Objectives of pre-action protocols (para 3 of PDPACP):
Understand each other’s position
Make decisions about how to proceed but try to settle the issues without proceedings
Consider a form of Alternative Dispute Resolution (ADR) to assist with settlement
Support efficient management of those proceedings
Reduce the costs of resolving the dispute
Practice Direction on Pre-action Conduct and Protocols
The benefits of buying summaries with Stuvia:
Guaranteed quality through customer reviews
Stuvia customers have reviewed more than 700,000 summaries. This how you know that you are buying the best documents.
Quick and easy check-out
You can quickly pay through credit card or Stuvia-credit for the summaries. There is no membership needed.
Focus on what matters
Your fellow students write the study notes themselves, which is why the documents are always reliable and up-to-date. This ensures you quickly get to the core!
Frequently asked questions
What do I get when I buy this document?
You get a PDF, available immediately after your purchase. The purchased document is accessible anytime, anywhere and indefinitely through your profile.
Satisfaction guarantee: how does it work?
Our satisfaction guarantee ensures that you always find a study document that suits you well. You fill out a form, and our customer service team takes care of the rest.
Who am I buying these notes from?
Stuvia is a marketplace, so you are not buying this document from us, but from seller jessicaraghwani. Stuvia facilitates payment to the seller.
Will I be stuck with a subscription?
No, you only buy these notes for $9.13. You're not tied to anything after your purchase.
Can Stuvia be trusted?
4.6 stars on Google & Trustpilot (+1000 reviews)
64438 documents were sold in the last 30 days
Founded in 2010, the go-to place to buy study notes for 14 years now