Lecture notes
9084 AS Law — Unit 2.1: Civil Justice System
Unit 2.1 : Civil Justice System - Civil Courts - Tribunals - ADR
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Law 9084Unit 2.1: Civil Justice System
Notes prepared by: Sonia Lee
Table of Contents
Page No.
1. Civil Courts 2-5
2. ADR 6-10
3. Tribunals 11-23
Prepared by: Sonia Lee
, Civil Courts
After April 1999
• On April 1999 new Civil Procedure Rules, accompanying Practice Directions came into
force.
• It followed the recommendations of Lord Woolf’s report.
R.1.1(2)of Civil Procedure Rule
• R.1.1 (2) the Civil Procedure Rules state that dealing with a case justly & at proportion cost
includes, so far as it is practicable:
A. Ensuring that the parties are on an equal footing
B. Saving expense
C. Dealing with the case in ways which are proportionate
i. To the amount money involved
ii. To the importance of the case
iii. To the complexity of the issues
iv. To the financial position of each party
D. Ensuring that it is dealt with expeditiously & fairly
E. Allotting to it an appropriate share of the court’s resources, while taking into
account the need to allot resources to other cases
F. Enforcing compliance with rules, practice directions & orders
Civil procedure Rules
Limitation Act 1980
• The Limitation Act 1980 has stated a fixed period called the limitation period
• Before proceedings are commenced, claimants should send a letter to defendants warning
them that they are considering legal proceedings.
• Proceedings should be brought within a fixed period from when the claimant suffered the
harm.
Claim Form
• All proceedings start with a claim form
• The claim form informs the defendant that an action is being taken against them.
• Part 7 of the rules specifies in which court proceedings should be started.
• The claim form is served on the defendant to a case.
• They may be sent by use of fax or emails
• The claimant must serve on the defendant the particulars of the claim.
• The defendant can admit the claim by paying the full amount of money, thus the case would
come to an end.
• However, if the defendant refuse to pay the claims, the defendant must respond within 14
days by filing an acknowledgement of service or a defence within the court.
• If the defendant do not carry out either of these action, the claimant can ask the court to
make an order that the defendant pays the money & cost claimed. This is called an order in
default.
• If the defendant files a defence, the court will serve an allocation questionnaire on each
party (r.24.4(1)) to allocate each claim to a track.
Small Claim Track
• Deal with actions with a value less than £10,000, or £1000 for personal injury & housing
cases.
• It is heard in the County Court by a district judge.
Prepared by: Sonia Lee
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