CIVIL CASESCIVIL CASES

STEPS TO CIVIL CASES

• Negotiation

• Legal advice

• Starting a case:– Exchange of information

– Basis of claim

– Details of injury or damage

– Investigation

– Settlement or denial leading to court case

CIVIL COURTS

• County Court

• High Court

• Divisional courts• Court of Appeal• Supreme Court (House of

Lords)

• Claim for less than £25,000• Personal injury claim less than

£50,000• 230 courts across country

• Claims over £25,000 • Personal injury claims over

£50,000• Defamation actions• 26 centres across country or main

court in London

CIVIL TRACK SYSTEM

• Small claims

• Fast track

• Multi-track

• Normally less than £5,000

• Straightforward cases £5,000–£25,000

• Cases over £25,000 or complex cases of lower value

SMALL CLAIMS

• Established 1973• Limit now £5,000• Use of lawyers discouraged• Heard in court by District Judge• Cost of proceedings low but still some fees• No need to use lawyers but one side can and no legal funding

available• Proceedings quicker• District Judge should help parties but this does not always happen• May win case but no guarantee of getting money

CIVIL REMEDIES

• Damages

• Equitable remedies

• Special damages• General damages• Nominal damages• Exemplary damages

• Injunctions • Specific performance• Rescission• Rectification