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Civil Proceedings Criminal Proceedings.

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Presentation on theme: "Civil Proceedings Criminal Proceedings."— Presentation transcript:

1 Civil Proceedings Criminal Proceedings


3 Civil Proceedings 26 April 1999 Rules of the Supreme Court and the County Court Rules Civil Procedure Rules (CPR) Lord Woolf (Master of the Rolls) 10 December 1998came into force on limit the number of cases going to the courts replaces Composed of 79 parts (51 in the first version / 59 updates) published on

4 1. Aims 1.1 The aims of this Practice Direction are to – (1) enable parties to settle the issue between them without the need to start proceedings (that is, a court claim); and (2) support the efficient management by the court and the parties of proceedings that cannot be avoided. 1.2 These aims are to be achieved by encouraging the parties to – (1) exchange information about the issue, and (2) consider using a form of Alternative Dispute Resolution (‘ADR’). Pre-action Protocols

5 typical protocol Pre-action Protocols 1. early notification: “letter of claim” (or “letter before claim”) sent to the defendant 2. response within a “reasonable period of time”: 14 days for simple claims, up to 90 days for more complex ones 3. joint selection of, and access to, experts (in complex claims) 4. alternative dispute resolution Pre-action protocols are compulsory and the court may impose sanctions for non-compliance with the relevant pre-action protocol

6 Pre-Action ProtocolCame into force Personal Injury26 April 1999 Clinical Disputes26 April 1999 Construction and Engineering2 October 2000 Defamation2 October 2000 Professional Negligence16 July 2001 Judicial Review4 March 2002 Disease and Illness8 December 2003 Housing Disrepair8 December 2003 Possession Claims based on Rent Arrears2 October 2006 Possession Claims based on Mortgage, etc.19 November 2008 Low Value Personal Injury Claims in Road Traffic Accidents1 October 2010 Pre-action Protocols 'Dilapidations Protocol‘ (Commercial Property at Termination of a Tenancy) 1 April 2012

7 Alternative Dispute Resolution The CPR encourages litigants to use ADR procedures (and a judge can recommend it). The court may also impose cost sanctions if it decides that one or more of the parties has been unreasonable in refusing to attempt ADR. settling civil disputes without going to court or without going to trial. ADR techniques Early neutral evaluation by an independent third party (for example, a lawyer experienced in the field of administrative law or an individual experienced in the subject matter of the claim) Ombudsmen (// “médiateurs de la République”) => complaints relating to maladministration (only before court action has been started) Mediation: form of facilitated negotiation assisted by an independent neutral party Arbitration: an impartial adjudicator whose decision the parties to the dispute have agreed (used for the resolution of commercial disputes) (CPR 62) (decisions or opinions by a neutral third party)

8 CPR 7.2 (1) Proceedings are started when the court issues a claim form at the request of the claimant. Starting proceedings A. The claimant files a claim form



11 CPR 15.4 (1) The general rule is that the period for filing a defence is – (a) 14 days after service of the particulars of claim; or (b) if the defendant files an acknowledgment of service under Part 10, 28 days after service of the particulars of claim. CPR 12.1 In these Rules, ‘default judgment’ means judgment without trial where a defendant – (a) has failed to file an acknowledgment of service; or (b) has failed to file a defence. CPR 9.2 When particulars of claim are served on a defendant, the defendant may – (a) file or serve an admission in accordance with Part 14; (b) file a defence in accordance with Part 15, (or do both, if he admits only part of the claim); or (c) file an acknowledgment of service in accordance with Part 10. CPR 10.1(3) A defendant may file an acknowledgment of service if – (a) he is unable to file a defence within the period specified in rule 15.4; or (b) he wishes to dispute the court’s jurisdiction. B. The defendant’s response

12 Multi Track (CPR 26.6) Tracks Small Claims Track (CPR 27.1 & 26.6) Fast Track (CPR 28 & 26.6) any claim with a financial value of not more than £5,000; any claim with a value of not more than £5,000 where the claim for damages for personal injuries is not more than £1,000; and any claim which includes a claim by a tenant of residential premises against his landlord for repairs estimated at not more than £1,000 and the financial value of any other claim for damages not more than £1,000 any claim with a financial value of no more than £15,000 (before 6 April 2009) / £25,000 (after 6 April 2009) unless: the trial is likely to last for more than one day; oral expert evidence at trial will be in more than two fields; or there will be more than one expert per party in each field The multi-track is the normal track for any claim for which the small claims track or the fast track is not the normal track.

13 Typical fast track timetable Disclosure (CPR 31)4 weeks Exchange of witness statements (CPR 34)10 weeks Exchange of experts’ reports (CPR 35)14 weeks Sending of pre-trial check lists (listing questionnaires) by the court20 weeks Filing of completed pre-trial check lists (CPR 28)22 weeks Hearing (CPR 39)30 weeks

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