British civil procedure has much in common with civil law systems of other common law countries.
The civil courts of England and Wales adopted a highly integrated regulatory body as a result of the Woolf Reform on 26 April 1999. It is collectively known as the Civil Procedure Code and in all but some very limited fields replacing the Supreme Court Regulations. (applicable to High Court) and County Court Rules.
Video Civil procedure in England and Wales
Struktur pengadilan
Tiga track
All defended cases are allocated to one of three tracks:
- Small Claim Tracks: Most of the claims are below Ã, Â £ 10,000. Note: the normal limit for home damage cases and personal injury claims is Ã, Â £ 1,000.
- Fast Path: Between Ã, Â £ 10,000 to Ã, Â £ 25,000
- Multi Track: Claims for more than Ã, Â £ 25,000, or for a smaller sum of money summed up where the case involves complicated legal and/or elaborate points.
Note- The Jackson Reform of 2013 alters the upper limit of the small claims path and the lower limit of the fast lane, from Ã, Â £ 5,000 to Ã, Â £ 10,000.
Civil Courts
Civil issues are heard in the first instance (ie no appeal) in either the District Court or the Court of Appeal. County Courts hear all cases of Small Claim and Fast Track. County Courts designated as 'civilian testing centers' may also handle claims allocated to Multi Track. Unless the parties agree, the above cases worth £ 100,000 are not normally tried in County Courts.
The Court of Appeal has three divisions, namely:
- Queens Bench: for contract claims and lawsuits
- Chancery: for disputes involving equity issues such as mortgages, trust, copyright, and patents.
- Family: for marital-related disputes and child-related cases.
Maps Civil procedure in England and Wales
Procedures
The Civil Procedure Rules 1999 sets the rules for each stage of the case. Rules aim to ensure that, when people demand or are prosecuted, they get justice.
The parties are encouraged to disclose the facts of their case before starting a court case. The Pre-Action Protocol should be followed. All claims of less than Ã, Â £ 15,000 should begin in the county court. Claims for more than this amount can be initiated either in the High Court or District Court, unless a personal injury claim is less than Ã, Â £ 50,000, which should begin in the County Courthouse.
Most types of claims begin by issuing the Section 7 claim form whereby the claimant declares the particulars, or attaches the particulars to the claim form, or serves them separately within 14 days of the claim form being served.
There must be a Truth Statement about the facts in the specific matters of the claim. Claim form and claim statement must be presented to the defendant. The Service may be conducted by a court or plaintiff, and may be done privately, by mail, by fax, by e-mail or other electronic means.
After service, the defendant has 14 days to respond. A defendant may;
a) Pay the claimed amount, b) Acknowledge or partially claim, c) Submit service recognition (but then must file a plea within 14 days), or d) Make a plea.
The accused must, if not recognize the claim, propose a defense that has substance. It is not enough to simply deny the claim. Defense that denies it is likely to be beaten by the court.
At any time prior to or during the process, either party may submit an offer of section 36 to settle a claim for damages.
Allocation of case
After the defense is submitted, the court sends to all parties the questionnaire. This helps the judge decide on the path to which the case should be allocated.
If a party is not satisfied with the allocation decision, a request may be brought to the court for the claim to be reallocated.
Small Claims Procedures
Cases were heard by a District Judge who would normally use an interventionist approach. This is an approach that allows the courts to try to intervene in helping the parties to agree with each other in sorting through cases. Cases were dealt with in a relatively informal manner and are now heard in open court (before reform 1999, minor claims cases are heard personally). The use of lawyers is not recommended because legal representation fees can not be recovered from the losers. There may be a court decision if the judge deems it appropriate and the parties agree. This approach will often be used where legal issues and evidence are clearly cut off, and the parties carry documents they wish to use. In such cases, the court will decide the case 'on paper' without requiring verbal evidence or legal argument.
Fast Track Procedures
All other cases require the 'Pre-Court Direction' process to be a schedule for ongoing case management. The idea is to simplify the case for the court. The Fast Track mandates a maximum delay of 30 weeks between the Direction settings, and the date of the trial. Usually only one expert witness is allowed and, if the parties can not approve the expert, the court has the power to appoint one. Expert evidence will be given in writing. There is a fixed fee for advocates in the hearing.
Multi Track Procedures
There are no standard procedures for the Pre-Demand Direction on Multi Track, and judges have the wisdom to use a number of case management approaches, including case management conferences and pre-trial reviews. The goal is to identify problems as early as possible and, if necessary, to try specific issues before the main session. The number of expert witnesses is controlled by the court because its permission is necessary for any party to use an expert to provide evidence. All time limits are strictly enforced. The court may be in the direction of setting a trial date, or ordering a trial window (estimated date for the trial) with a date set by the court closer to the window period of the experiment. In Multi Track there is usually some degree of discretion to shift the date from a particular direction but, once the trial date is set, the court is very unlikely to approve the delay for no good reason.
References
Source of the article : Wikipedia
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