who, among the following, is not present during a pretrial conference? This is a topic that many people are looking for. star-trek-voyager.net is a channel providing useful information about learning, life, digital marketing and online courses …. it will help you have an overview and solid multi-faceted knowledge . Today, star-trek-voyager.net would like to introduce to you 77: Pre-Trial Process for Civil Claims (Monologue). Following along are instructions in the video below:
And welcome to episode 77 of the study legal english podcast. I am your host host louise and today. We are looking at what happens after a claim is served a defendant in the last episode.
We looked at making a claim including what kind of details. The claimant needs to include in the claim form and how to serve a claim on a defendant. But in what ways can a defendant respond to a claim form.
And what is the pre trial process. Thats what well be looking at today this episode is sponsored by i talk ii. I talk ii is an online platform.
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I asked you how does a claimant serve a claim on a defendant. How does a claimant serve documents on a defendant. And i received some interesting answers i got a nice answer from alexandre luke zack on facebook.
And maybe youll remember alexander. Luke sack featured in a cast episode interview. Episode.
56. Where we talked about her work. As a legal english teacher and also her resources that shes developed so its quite interesting i recommend you check it out so ill just read alexanders message.
She said. I think in poland using social media to serve documents is not possible they are sent by registered mail or certified registered mail which requires the defendant to collect the documents in person and confirm it with a signature so interesting so now ive got a new question for you and it is how long do parties have to wait from the date of the claim being issued until the final trial date. How long do parties have to wait from the date of the claim being issued until the final trial.
Date send in your answers to louise at study legal english comm. Or you can leave. A comment at study legal.
English comm s. O. D.
77. Or if youre listening on youtube. Simply leave.
A comment in the comments box below so. Now lets get started. What happens.
When a claim is served on a defendant. There are a number of documents. Which the claimant serves on the defendant.
These include the claim form with the particulars of the claim and a defense response pact. The response packet. Contains an acknowledgement of service form an admission form and a defense and counterclaim form the forms are slightly different depending on what type of claim.
It is for example for non money claims or for return of goods claims or a claim for an unspecified amount these forms are slightly different to those compared to claims involving a specified amount of money so when a defendant receives. These documents are several options as to what happens next firstly. If the defendant admits the whole claim or the amount claimed he should complete an admission form here.
The defendant is basically putting up his hands and saying hey guys sorry. I did it im liable. Hes admitting liability for the claim and when he has filled in the admission form.
It should be sent to the claimant secondly. Another option is that the defendant may only admit part of the claim in this case. He should fill out the admission form.
But on top of this he should fill out a defense form both of these documents should then be sent to the issuing court at the address given on the claim form. Which was served on the defendant thirdly. If the defendant wishes to dispute the whole claim or to make a counterclaim.
He should fill out the defense and counterclaim form here. The defendant states which allegations he denies and also gives reasons. Why this is the case.
The defense form should then be sent to the issuing court within 14 days of the claim being served on the defendant. And if the defendant makes a counterclaim. The defendant will have to pay a court fee.
If the defendant needs more time then he should fill out the acknowledgement of service form and send this to the court. This gives him a total of 28 days instead of 14 days to prepare his defense. One other option is that the defendant may fail to respond at all to the claim here.
The claimant may apply to the court for a default judgment against the defendant. The claimant may ask the court to make an order in default. Which orders the defendant to pay the money and any costs of the claim a default means a failure to fulfill an obligation and a default judgment means a judgement without trial where the defendant has failed to respond to a claim so with a default judgment.
Obviously. There is no trial and also if the defendant acknowledges liability then thats also the end of legal proceedings. But what happens if a defendant files a defense after the defendant files a defense.
The court will allocate the case to a particular track and there are three tracks in england and wales first of all the small claims track second of all the fast track and thirdly the multi track. Each track is for a specific type of claim and the procedure is slightly different for each one so ill go into a bit more detail of these now. So.
What is the small claims track. The small claims track is for claims with a value limited to 1000 pounds for cases involving personal injury and certain housing disputes and with a value limited to ten thousand pounds for other types of disputes. The pre trial process for small claims is pretty simple for example parties do not need to follow strict rules relating to evidence and also strict rules relating to disclosure and normally cases are dealt with it quite quickly statistics from january to march 2019 show that small claims took approximately 37 weeks to go to trial from the date of issue from the issue of the claim.
So parties have to generally wait. 37 weeks once. The claim has been allocated to the small claims track.
The court will give directions and fix a date for final hearing. The court may also propose that parties settle this dispute outside of court for example through mediation which can only happen if the parties agree to it generally in the small claims. Tract expert evidence is not given expert evidence is evidence given to the court on a specific topic on which the court does not have the technical or specialist knowledge about this particular thing parties often represent themselves for small claims instead of instructing.
A solicitor or barrister and costs are restricted. Its not so common to have a preliminary hearing. They are only held in very limited circumstances and this is to ensure that small claims are dealt with very quickly and cheaply.
If a preliminary hearing is held the court can treat this as the final hearing and actually deal with the whole case. If the parties agree so moving on what is the fast track and the multitrack claims with a value of over ten thousand pounds are dealt with by either the fast track or the multi track again. The courts encourage parties to settle disputes outside of court.
Without a trial where appropriate and the courts may suspend proceedings to allow time for parties to do this the fast track is mostly for straight forward claims with a value of between ten thousand pounds and twenty five thousand pounds with other claims being dealt with by the multitrack in order to decide whether the claim will be allocated to the fast track or the multitrack the court sends the parties an allocation questionnaire which they must fill in and send back to the court. The allocation decision will be made by a judge of the county court or the high court depending on which court issued the claim and in making this decision.
The court takes into account eight number of factors. Such as the financial value of the claim the nature of the remedy sought the complexity of the case and the number of parties involved so if the claim is allocated to the fast track. The court will give a number of directions.
It will fix the trial date. Give directions for the management of the case. And set a very strict timetable setting out the deadlines for the parties to complete a number of pretrial steps.
The parties must comply with this procedure. Including disclosing documents serving witness statements and expert evidence. The latter expert evidence being limited to one expert per party.
The parties are also sent a pre trial checklist to confirm compliance with the courts. Directions. Their aim is for cases to be heard within 30 weeks of being issued.
However things arent running quite as smoothly as they should be and statistics from january to march 2019 and show that there is approximately fifteen nine weeks to wait for parties for the trial from the date of the claim being issued so moving on to the. Multitrack the multitrack is for more complex cases of under. 25000.
Pounds and for all. Cases over 25000. Pounds.
Theres not exactly a standard procedure for the multitrack and instead. This track is quite flexible. It allows the most suitable approach depending on the parties and the type of claim generally.
However when the case is allocated to the multitrack. The court will give directions for the management of the case and set a timetable with steps to be taken by the parties. The court may also fix a date for a case management conference and a pre trial review.
A case management conference. Is an informal meeting of the parties where the parties review the steps that they have already taken to prepare for the case. They set time tables they monitor costs and they take note of anything.
Which the parties have agreed on until now as in the fast track in the multitrack parties are also sent a pre trial checklist to confirm compliance with the courts. Directions. And if the parties dont complete this if they dont file.
It with the court. Then the court may strike out the case. This means that the case will not be heard.
If the court does receive the pretrial checklist from each of the parties. Then the court may decide to hold a pre trial review. This is where the judge decides a number of matters related to the trial for example setting a timetable for the final trial.
Deciding who will give evidence and in what order and explaining what documents need to go in the trial. Bundle a trial bundle means the collection of papers and documents which each party must prepare for the court for the trial. Another important point to talk about is where the trial will be held there are two main courts in england and wales.
Which here civil claims at first instance and these arent the county court and the high court. There are a number of county courts throughout england and wales and they hear the majority of civil claims they can deal with claims allocated to the small track. The fast track and the multitrack.
The high court on the other hand is split into three divisions. The chancery division. Which deals with finance and property masses.
The queens bench division which deals with a wide range of matters. Including contract and tort and the family division. Which deals with family matters.
The high court hears the higher value and higher complexity cases for example money claims with a value exceeding 100 thousand pounds or exceeding fifty thousand pounds for personal injury claims. However. The county court and the high court have exclusive jurisdiction for particular matters for example claims related to unlawful discrimination must be brought in the county court.
Whereas defamation claims involving libel and slander must be brought in the high court. If you want to know more about the courts. And the court system of england and wales.
Then i suggest you listen to episode 47. And 48. Where i talk a little bit more about this so what about disclosure in civil.
Law. Disclosure has two stages firstly. The parties send each other a list of documents.
Which may adversely affect their own case. Adversely affect the other partys case or support. The other partys case secondly once the parties receive this list each party may request copies of those documents to inspect the general rule is that parties must disclose documents requested by the parties.
However there are exceptions to the rule for example parties do not need to disclose documents. Which are no longer in their control. And if a party has a duty or a responsibility to withhold this particular document from inspection then they are entitled to do so pay attention to the language that i use i talk about disclosure here in the past this process was known as discovery and inspection.
However with the introduction of the civil procedure rules this changed to simply disclosure. However this term discovery is used in some other jurisdictions with regards to evidence the rules on evidence are set in part 32 of the civil procedure rules. The court can give directions as to what evidence it requires the nature of such evidence.
And how it should be presented in court evidence at trial is given orally and in other hearings. Its given in writing therefore in the pre trial process each party is required to serve on the other any witness statements. Which they intend to rely on at trial.
A witness statement is a written statement of evidence so before the trial at any point. A party may submit an interim application requesting. The court to make a decision about something this could be for example.
A request for a party to disclose documents for inspection. Or for an interim injunction. An interim injunction could be to prohibit a party from doing something or to order a party to do something another point worth.
Mentioning is that the case may not actually go to trial in certain instances. The court may actually give a summary judgments and according to parts. 24 of the civil procedure rules.
The court will do this if it considers that the claimant has no real prospect of succeeding with the claim or the defendant has no prospect of successfully defending the claim. And that there is no compelling reason. Why the case should be disposed of at the trial in other words.
Theres no reason why a summary judgment shouldnt be issued. So that brings me to the end of this episode. I hope you found it useful.
And youve learned something new in the next episode. Well be looking at the trial. The civil trial itself dont forget to send me in your answers to the question.
How long does it take from a claim being issue until the trial date you can send me in your answers to louise and study legal english calm or leave a comment on the website or on youtube. As always members get access to extra benefits. Which you can find at study legal english comm forward slash episode 77.
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