Civil disputes are generally settled outside court through mediation or arbitration. Both parties, assisted by their lawyers, agree and settle the matter.
Courts also encourage pre-action protocols where early settlement is possible.
Criminal law and civil law are the two most general categories of legislation in the UK legal system.
Crime and punishment fall within the criminal law scope. The court holds the accused responsible for violation of law and order.
Civil law includes an array of disputes arising among people, including property disputes, divorces, breach of contracts, custody rights fall under civil law.
The court orders compensation or an arrangement from the defendant as opposed to punishment.
What Happens In A Claim?
The plaintiff must clarify all the details of their claims, supported with documents and evidence during the protocol.
The defendant can review the charges and reply within three months, either accepting or denying liability.
During the pre-action protocol, the plaintiff also submits a letter of claim for illness, housing, review, personal injury, etc., depending on the case’s nature.
In case mediation fails, the case moves to trial. You initiate the proceedings by choosing the appropriate court.
Claims up to £15,000 are registered at the County court. For higher value claims, file your case with the High Court.
Some exceptions, such as personal injury claims up to £50,000, are eligible in County Court. At the same time, defamation cases can directly go to the High Court.
How To Make A Claim?
You file a claim by filling out the N1 form.
For County court, you can choose from any of the locations across England and Wales.
Once the defendant receives the update, they either agree to settle the case or decline liability by return the N9 form within 14 days following the notification.
They can present their defense at court.
In case the defendant disputes the claimant, the court decides a ‘track’ on how to proceed with the issue –
- Small claims track: for disputes with compensation demands valued less than £10,000. For personal injury and housing disputes, the limit is at £1000.
- Fast track: for disputes involving claims over £10,000 and £25,000, including some personal injury claims
- Multi-track: for disputes involving claim values beyond £25,000 or lower value cases with complex legal issues or evidence.
The District Judge of County court or Master Judge of High Court passes the decision on tracks. Parties fill out an allocation questionnaire that guides the judges in making their decision.
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