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Civil Court & other forms of Dispute resolution (prt1), Small Claims…

- - - - judge will read case papers before the hearing and can hear evidence & legal arguments in court
        
        at end of hearing judge will decide:
        
        () liability - which side 'wins'
        
        () the compensation payable, if any
        
        () any other remedy requested, such as eviction notice
        
        () who should pay the cost of the case
- - - - at end of hearing judge will decide:
        
        () liability
        
        () compensation payable if any
        
        () any other remedy requested, e.g. eviction notice
        
        () who should pay cost of case
- - - - can be started in the Small Claims Court
      - less than £100,000 (or £50,000 in personal injury claim)
        
        must be started in the County Court
        
        more than £100,000 (or £50,000 in personal injury claim)
        
        can be started in either the County Court or, more likely in the High Court
  - - - (1) admit the claim & pay the full amount to the claimant/court. if this option is chosen, the case will end
        
        (2) admit the claim and pay in instalments. if this option is accepted by the claimant, the case will end when the full amount has been paid
        
        (3) dispute the claim and file a defence setting out why the claim should not be paid, either in full or in part
        
        (4) File and Acknowledgement of Service confirming receipt of the claim form but asking for time to file a defence
      - if D fails to respond when receiving the claim, the claimant can apply for judgement in default
        
        this means the claim is 'won' and an attempt can be made to force the defendant to pay the sum claimed
- - - - usually allocated to county court
        
        hearing will take place before a Circuit Judge
        
        case will be strictly case-managed by the Circuit Judge, who sets a strict timetable, the disclosure of relevant documents, the number of witnesses & how long the case will last
        
        if case involves complicated points of law or evidence, or it involves more than £50,000 in value, it can be passed upto the high court