Рет қаралды 11,030
The Civil Procedure Rules 1999 set out the rules for each stage of a case. The Rules aim to ensure that, when people sue or are sued, they obtain justice.
Parties are encouraged to disclose the facts of their case prior to starting any court case. A Pre-Action Protocol must be followed. All claims less than £15,000 must be started in the County Court. Claims for more than this amount can be started in either the High court or the County Court, except personal injury claims for less than £50,000, which must be started in the County Court.
Most type of claims are started by issuing a Part 7 claim form in which the claimant states the particulars of case, or attaches the particulars to the claim form, or serves them separately within 14 days of the claim form being served.
There must also be a Statement of Truth as to the facts in the particulars of the claim. The claim form and the particulars of the claim must be served on the defendant. Service may be carried by the court or the claimant, and can be made personally, by post, by fax, by e-mail or other electronic means.
Upon service, the defendant has 14 days in which to respond. A defendant may;
a) Pay the amount claimed, b) Admit or partly admit the claim, c) File an acknowledgement of service (but then must file a defence within another 14 days), or d) File a defence.
The defendant must, if not admitting the claim, file a defence which has substance. It is not enough to simply deny the claim. A defence that simply denies is likely to be struck out by the court.
At any point before or during proceedings, either party may make a part 36 offer to settle the claim for damages.
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