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Pre-Trial Procedures for County and High Court (Access to Justice…
Pre-Trial Procedures for County and High Court
Access to Justice explained in 1996 by Lord Woolf
simplify the current language
three track system
go through ADR
Allocation Questionaire
14 days to complete and return
e.g view on the length of the trial
e.g view on the cost of the trial
Pre-Action Protocal
parties give information to each other
protocal must be followed- list of things to be done by parties
liable if not followed
choosing which court
under £100,000= small claims track except personal injury
under £50,000= county court. Less than £1,000= small
C can choose if above, whether it is in county or high court
issuing a claim
county court- choose out of 200
high court- choose out of 20
claim filed at court office and fee is charged
start of 2017, up to £300 was £35
£200,000 was £10,000
defending a claim- D may admit claim and pay the full amount and the case ends
D may dispute the claim- send either an acknowledgement of service or a defence to court within 14 days
if neither- the c can ask the court to make an order for the D to pay
then the track is decided
sanctions- if parties do not follow the set timetables or set delay unnecessarily
order a case to be struck out
Biguzzi v Rank Leisure Plc
UCB Halifax (sw) Ltd