CIVIL PROCEDURE IN ENGLAND AND WALES UNIT 9. Preview Civil vs. criminal procedure Civil vs. criminal procedure Adversary procedure Adversary procedure

CIVIL PROCEDURE IN ENGLAND CIVIL PROCEDURE IN ENGLAND AND WALESAND WALES

UNIT 9UNIT 9

PreviewPreview

Civil vs. criminal procedureCivil vs. criminal procedure Adversary procedureAdversary procedure HistoryHistory Major problemsMajor problems Lord Woolf’s reformsLord Woolf’s reforms Civil proceedingsCivil proceedings

Civil vs. Criminal lawCivil vs. Criminal law

Civil Law:Civil Law: laws relating to people’s rights and to laws relating to people’s rights and to agreements between individuals; disputes agreements between individuals; disputes between individuals; action is taken by the between individuals; action is taken by the aggrieved party.aggrieved party.

Criminal Law: Criminal Law: law relating to crime: illegal law relating to crime: illegal conduct for which a person may be conduct for which a person may be prosecutedprosecuted and and punishedpunished by the state; offences which, by the state; offences which, though committed against an individual, are though committed against an individual, are regarded as harmful to society as a whole; action regarded as harmful to society as a whole; action is taken against the wrong-doer in the name of is taken against the wrong-doer in the name of society.society.

ADVERSARY PROCESSADVERSARY PROCESS

Type of litigation, characteristic of the Type of litigation, characteristic of the common law: parties are set up against common law: parties are set up against each other, as if they were opponents in a each other, as if they were opponents in a battle. battle.

The parties in a civil case: equally The parties in a civil case: equally matched opponents, responsible for matched opponents, responsible for preparing their own side of the case and preparing their own side of the case and finding their witnesses and evidence, with finding their witnesses and evidence, with little or no involvement by the courtlittle or no involvement by the court

The function of the judge: to hear both The function of the judge: to hear both sides and pass judgmentsides and pass judgment

Standard of proof Standard of proof

Criminal cases: beyond reasonable Criminal cases: beyond reasonable doubtdoubt

Civil cases: on the balance of Civil cases: on the balance of probabilitiesprobabilities

Standard of proof: criminal caseStandard of proof: criminal case

The prosecution must make the court The prosecution must make the court sure sure that the defendant is guilty. that the defendant is guilty.

If the court is not sure, it must acquit If the court is not sure, it must acquit the defendant, even if it finds that he the defendant, even if it finds that he was probably guiltywas probably guilty

Standard of proofStandard of proof

It is always easier to make someone It is always easier to make someone else believe that something is else believe that something is probably so than to make them sure probably so than to make them sure of it; it is easier to prove a civil case of it; it is easier to prove a civil case than it is to prove a criminal casethan it is to prove a criminal case

Civil vs. Criminal lawCivil vs. Criminal law

Civil cases Criminal cases

Purpose To enforce rights To decide if criminal law has been broken

Person starting case Injured party: claimant

The State: Crown Prosecution Service: prosector

Courts County courtHigh Court

Magistrates’ courtsCrown Court

Standard of proof On the balance of probabilities

Beyond reasonable doubt

Persons deciding judge Magistrates; Crown Court: judge, jury

decision Judgment for the claimant (or defendant)

Guilty or not guilty

Powers of the court Damages, injunction Prison, community sentence, fine, discharge

HistoryHistory

End of 18th century: civil matters dealt End of 18th century: civil matters dealt with by several different courtswith by several different courts

Separate, often overlapping Separate, often overlapping jurisdictionsjurisdictions

Largley centralised in LondonLargley centralised in London No coordination, inefficiency, No coordination, inefficiency,

incompetence, delaysincompetence, delays Litigation in the higher courts: Litigation in the higher courts:

extravagance which could be afforded extravagance which could be afforded only by the very richonly by the very rich

Charles Dickens, Charles Dickens, Bleak HouseBleak House (1853)(1853)

““Jarndyce v. Jarndyce drones on. This Jarndyce v. Jarndyce drones on. This scarecrow of a suit has, in the course scarecrow of a suit has, in the course of time, become so complicated that of time, become so complicated that no man alive knows what it means. no man alive knows what it means. The parties to it understand it least; The parties to it understand it least; but it has been observed that no two but it has been observed that no two Chancery lawyers can talk about it for Chancery lawyers can talk about it for five minutes without coming to total five minutes without coming to total disagreement as to all the premises. disagreement as to all the premises.


Innumerable children have been born Innumerable children have been born into the cause; innumerable young into the cause; innumerable young people have married into it; people have married into it; innumerable old people have died out innumerable old people have died out of it. Scores of persons have deliriously of it. Scores of persons have deliriously found themselves parties in Jarndyce v. found themselves parties in Jarndyce v. Jarndyce, without knowing how or why; Jarndyce, without knowing how or why; whole families have inherited whole families have inherited legendary hatreds with the suit.legendary hatreds with the suit.


The little plaintiff or defendant, who The little plaintiff or defendant, who was promised a new rocking horse was promised a new rocking horse when Jarndyce v. Jarndyce should be when Jarndyce v. Jarndyce should be settled, has grown up, possessed settled, has grown up, possessed himself of a real horse, and trotted himself of a real horse, and trotted away into the other world. Fair wards away into the other world. Fair wards of court have faded into grandmothers; of court have faded into grandmothers; a long procession of Chancellors has a long procession of Chancellors has come in and gone out…come in and gone out…


……there are not three Jarndyces left there are not three Jarndyces left upon the earth perhaps, since old upon the earth perhaps, since old Tom Jarndyce in despair blew his Tom Jarndyce in despair blew his brains out at a coffee-house in brains out at a coffee-house in Chancery Lane; but Jarndyce v. Chancery Lane; but Jarndyce v. Jarndyce still drags its dreary length Jarndyce still drags its dreary length before the Court, perennially before the Court, perennially hopeless.”hopeless.”

The Civil Justice Review (1988)The Civil Justice Review (1988)

Delay in litigation “causes continuing Delay in litigation “causes continuing personal stress, anxiety and financial personal stress, anxiety and financial hardship to ordinary people and their hardship to ordinary people and their families. It may induce economically families. It may induce economically weaker parties to accept unfair weaker parties to accept unfair settlements. It also frustrates the settlements. It also frustrates the efficient conduct of commerce and efficient conduct of commerce and industry”industry”

CURECURE

Proposals for a system of interventionist Proposals for a system of interventionist court control of case progress with time court control of case progress with time limits, reminders being sent to solicitors limits, reminders being sent to solicitors and a penalty for non-complianceand a penalty for non-compliance

A significant move towards judicial A significant move towards judicial interventionism to a degree unknown so interventionism to a degree unknown so far to the English legal systemfar to the English legal system

Lord Woolf’s Reforms (1999)Lord Woolf’s Reforms (1999)

The system: “in a state of crisis…a The system: “in a state of crisis…a crisis for the government, the crisis for the government, the judiciary and the profession”judiciary and the profession”

Lord Woolf’s Reforms (1999)Lord Woolf’s Reforms (1999)

““Without effective judicial control…the Without effective judicial control…the adversarial process is likely to encourage adversarial process is likely to encourage an adversarial culture and to degenerate an adversarial culture and to degenerate into an environment in which the litigation into an environment in which the litigation process is too often seen as a battlefield process is too often seen as a battlefield where no rules apply. In this environment, where no rules apply. In this environment, questions of expense, delay, compromise questions of expense, delay, compromise and fairness have only a low priority. The and fairness have only a low priority. The consequence is that the expense is often consequence is that the expense is often excessive, disproportionate and excessive, disproportionate and unpredictable; and delay is frequently unpredictable; and delay is frequently unreasonable”unreasonable”

CostsCosts

A successful claim by a supplier of fitted A successful claim by a supplier of fitted kitchens to stop a ₤ 10,000 a year kitchens to stop a ₤ 10,000 a year employee from taking up a job with a employee from taking up a job with a competitor cost the employer ₤ 100,000competitor cost the employer ₤ 100,000

A divorced wife had to pay ₤ 34,000 in A divorced wife had to pay ₤ 34,000 in costs for a judgement that awarded her ₤ costs for a judgement that awarded her ₤ 52,000 of the value of the family home52,000 of the value of the family home

The legal aid budget rose from ₤ 426 The legal aid budget rose from ₤ 426 million in 1987 to ₤ 1,526 million in 1997million in 1987 to ₤ 1,526 million in 1997

Civil Procedure Rules (CPR)Civil Procedure Rules (CPR)

Before the CPR, it was up to the Before the CPR, it was up to the parties and their legal advisers to parties and their legal advisers to progress the case, decide what progress the case, decide what issues they wanted to have heard, issues they wanted to have heard, and to present evidenceand to present evidence

Under the CPR: the judge manages Under the CPR: the judge manages the case: sets the timetable, controls the case: sets the timetable, controls and tries to simplify the issues to be and tries to simplify the issues to be decided; puts limits on the evidence decided; puts limits on the evidence which may be called at the trial which may be called at the trial

Civil Procedure Rules (CPR)Civil Procedure Rules (CPR)

The court has ‘an overriding objective to The court has ‘an overriding objective to deal with cases justly’ by:deal with cases justly’ by:

Ensuring that the parties are on ‘equal Ensuring that the parties are on ‘equal footing’footing’

Saving expenseSaving expense Dealing with cases in ways which are Dealing with cases in ways which are

proportionate to the amount of money proportionate to the amount of money involved, the complexity of the issues, and involved, the complexity of the issues, and the financial position of each partythe financial position of each party

Ensuring that the case is dealt with Ensuring that the case is dealt with promptly and fairlypromptly and fairly

Plain EnglishPlain English

Plaintiff > claimantPlaintiff > claimant Writ > claim formWrit > claim form Discovery > disclosureDiscovery > disclosure Statement of claim > particulars of Statement of claim > particulars of

claimclaim

SETTLEMENTSETTLEMENT

Most civil cases are settled out of court, Most civil cases are settled out of court, trial being the “ultimate weapon” in the trial being the “ultimate weapon” in the battlebattle

Of those cases where proceedings are Of those cases where proceedings are commenced, only a small percentage commenced, only a small percentage come to trialcome to trial

Most civil disputes are settled between the Most civil disputes are settled between the parties, usually by their solicitors before parties, usually by their solicitors before proceedings have startedproceedings have started

The monetary level of settlements is lower The monetary level of settlements is lower than damages awarded by courtsthan damages awarded by courts

The proceedingsThe proceedings

Claim form states the nature of the Claim form states the nature of the claim and the remedy; must be claim and the remedy; must be served upon the defendantserved upon the defendant

The defendant may The defendant may admit the claimadmit the claim and pay the full amountand pay the full amount

If a defendant wishes to If a defendant wishes to defend the defend the claimclaim he must file a document with he must file a document with the court setting out his answer to the court setting out his answer to the claim; he may file a counterclaimthe claim; he may file a counterclaim

Default judgementDefault judgement

If a defendant does not reply to the If a defendant does not reply to the claim, the claimant may obtain a claim, the claimant may obtain a default judgmentdefault judgment . The court will . The court will award judgment in his favour without award judgment in his favour without the trialthe trial

Summary judgmentSummary judgment

If a defendant wishes to defend the If a defendant wishes to defend the claim, but he has no real defence to claim, but he has no real defence to it, the court may decide the claim it, the court may decide the claim without a trial by giving summary without a trial by giving summary judgmentjudgment

The court may give summary The court may give summary judgment against the claimant if it judgment against the claimant if it appears that his claim has no appears that his claim has no reasonable prospect of succeedingreasonable prospect of succeeding

The three tracksThe three tracks

The The small claims tracksmall claims track: for claims of up : for claims of up to ₤ 5,000; claims dealt with swiftly and to ₤ 5,000; claims dealt with swiftly and informally by a District Judgeinformally by a District Judge

The The fast track: fast track: amount does not exceed amount does not exceed ₤ 15,000, and the trial is not likely to last ₤ 15,000, and the trial is not likely to last longer than 1 day; heard by a District longer than 1 day; heard by a District Judge or Circuit JudgeJudge or Circuit Judge

The The multi-track:multi-track: complicated and complicated and valuable claims; heard by a Circuit Judge valuable claims; heard by a Circuit Judge or High Court Judgeor High Court Judge

HIERARCHY OF CIVIL COURTSHIERARCHY OF CIVIL COURTSSupreme CourtSupreme Court

Supreme Court JudgesSupreme Court Judges

COURT OF APPEAL COURT OF APPEAL

CIVIL DIVISIONCIVIL DIVISION

Lords Justices of AppealLords Justices of Appeal

CHANCERY DIVISIONCHANCERY DIVISION

Tax, probate, Tax, probate, bankruptcy, property, bankruptcy, property,

truststrusts

Patents Court, Patents Court, Companies CourtCompanies Court

HIGH COURTHIGH COURTFAMILY DIVISIONFAMILY DIVISION

Divorce, matrimonial Divorce, matrimonial property, guardianshipproperty, guardianship

QUEEN’S BENCH QUEEN’S BENCH DIVISIONDIVISION

Contracts, tort etc.Contracts, tort etc.

Admiralty CourtAdmiralty Court

Commercial CourtCommercial Court

COUNTY COURTCOUNTY COURT

Circuit judges, district Circuit judges, district judgesjudges

COUNTY COURT OR HIGH COURT?COUNTY COURT OR HIGH COURT?

The County Court should try:The County Court should try:- Any action worth less than ₤ 15.000 Any action worth less than ₤ 15.000 - The High Court should try:The High Court should try:- Actions over ₤ 15,000Actions over ₤ 15,000

Methods of dispute resolutionMethods of dispute resolutionalternative dispute resolution/litigationalternative dispute resolution/litigation

Negotiation Parties themselves

Mediation Parties with help of neutral third party

Conciliation Parties with help of neutral third party who plays an active role in suggesting a solution

Arbitration Parties agree to let third party make a binding decision

Litigation Parties go to court and a judge decides the case

Civil casesCivil cases

Tried by judges aloneTried by judges alone Juries try civil cases when the action Juries try civil cases when the action

concerns the liberty of the subject or concerns the liberty of the subject or his/her reputationhis/her reputation

Liberty of the subjectLiberty of the subject

Example: when a claimant claims Example: when a claimant claims compensation against the police for compensation against the police for assault and wrongful imprisonmentassault and wrongful imprisonment

ReputationReputation

Example: the claimant claims Example: the claimant claims damages for defamation of character damages for defamation of character . Where s/he alleges that unpleasant . Where s/he alleges that unpleasant and untrue things have been written and untrue things have been written or said about him/her that have or said about him/her that have damaged their reputationdamaged their reputation

Jury trials in defamation casesJury trials in defamation cases

Jurors – no experience in assessing Jurors – no experience in assessing damages; sometimes make extraordinarily damages; sometimes make extraordinarily high awards:high awards:

Sonia Sutcliffe, the wife of Peter Sutcliffe Sonia Sutcliffe, the wife of Peter Sutcliffe (the serial killer known as the ‘Yorkshire (the serial killer known as the ‘Yorkshire Ripper’) successfully sued the magazine Ripper’) successfully sued the magazine Private EyePrivate Eye for defamation – it had been for defamation – it had been suggested that she might have known sth of suggested that she might have known sth of her husband’s activities – the jury awarded her husband’s activities – the jury awarded her ₤ 600,000 damages; reduced on appeal her ₤ 600,000 damages; reduced on appeal to ₤ 60,000to ₤ 60,000


In 2001 the Court of Appeal set aside In 2001 the Court of Appeal set aside altogether a jury award of altogether a jury award of ££85,000 85,000 damages to the footballer Bruce damages to the footballer Bruce Grobelaar. The goalkeeper had sued Grobelaar. The goalkeeper had sued the the SunSun newspaper for defamation newspaper for defamation after it had accused him of accepting after it had accused him of accepting corrupt payments to ‘throw corrupt payments to ‘throw matches’; the Court of Appeal held matches’; the Court of Appeal held the jury had reached a ‘perverse the jury had reached a ‘perverse decision’, and reversed the decision.decision’, and reversed the decision.


This unprecedented ruling was This unprecedented ruling was criticised as undermining the jury criticised as undermining the jury system. The case went to the House system. The case went to the House of Lords. The Law Lords allowed this of Lords. The Law Lords allowed this appeal; they did not disturb the appeal; they did not disturb the jury’s finding that Grobelaar had jury’s finding that Grobelaar had been defamed, but reduced the been defamed, but reduced the damages to a nominal sum of damages to a nominal sum of ££ 1. 1.

Enforcing court orders in civil casesEnforcing court orders in civil cases

In the case of an order to pay money, In the case of an order to pay money, the defendant’s property can be the defendant’s property can be seized and sold, or there may be an seized and sold, or there may be an order declaring him bankruptorder declaring him bankrupt

If a person disobeys any court order, If a person disobeys any court order, s/he will be guilty of contempt of s/he will be guilty of contempt of court; punishment: fine or committal court; punishment: fine or committal to prisonto prison

Contempt of courtContempt of court

In 1995 a woman of 68 came before In 1995 a woman of 68 came before the courtthe court

She had committed a nuisance by She had committed a nuisance by throwing large amounts of bread throwing large amounts of bread around the house to feed the birds, around the house to feed the birds, which flocked to her homewhich flocked to her home

This became a health hazardThis became a health hazard Despite several warnings by the court Despite several warnings by the court

that her behaviour was unlawful, she that her behaviour was unlawful, she persistedpersisted

Contempt of courtContempt of court

The court granted an injunction ordering The court granted an injunction ordering her not to do thisher not to do this

She disobeyed the orderShe disobeyed the order Committed to prison for contempt of Committed to prison for contempt of

courtcourt After a few days apologized to the court After a few days apologized to the court

and promised not to do it againand promised not to do it again The court decided that she had ‘purged The court decided that she had ‘purged

her contempt’ and she was releasedher contempt’ and she was released

APPEALAPPEAL Either party or both may appeal; even the Either party or both may appeal; even the

prevailing party may appeal if they want a prevailing party may appeal if they want a larger award than was grantedlarger award than was granted

Appeals from the High Court and county courts Appeals from the High Court and county courts are heard by the Court of Appeal (Civil Division)are heard by the Court of Appeal (Civil Division)

A case which has been dismissed by the Appeal A case which has been dismissed by the Appeal Court can, with the permission of the Appeal Court can, with the permission of the Appeal Court, be taken to the Supreme Court; if an Court, be taken to the Supreme Court; if an important legal principle is at stake, the important legal principle is at stake, the Supreme Court can give permission for an Supreme Court can give permission for an appeal even if the Appeal Court has not done appeal even if the Appeal Court has not done so so

APPEALAPPEAL

The appellate court can: The appellate court can: Affirm the judgementAffirm the judgement Reverse (change a decision to the Reverse (change a decision to the

opposite one) opposite one) Remand: send the lawsuit back to Remand: send the lawsuit back to

the lower trial court to address an the lower trial court to address an unresolved issue, or possibly for a unresolved issue, or possibly for a whole new trialwhole new trial

SummarySummary

Courts dealing with civil cases County CourtHigh Court

Different tracks for claims Small claimsFast trackMulti-track

Problems of civil cases Cost Delaycomplexity

1999 reforms Encourage use of alternative dispute resolutionSimpler forms and languageSmall claims limit: £ 5,000Fast track: £ 5,000- £15,000Multi-track: over £15,000Judges responsible for case managementStrict timetables

Key factsKey facts

Remedy Effect Comment

Damages Defendant must pay a certain amount of money

Special d.: specific amountsGeneral: for pain and sufferingNominal: small amount, no actual lossExemplary: to punish defendant

Injunctions Order defendant to do or not to do sth

Discretionary remedy; court may decide that damages are sufficient

Specific performance Orders defendant to complete contract

Discretionary remedy; rare

Recission Puts parties back to pre-contractual position

Discretionary remedy

Rectification Alters document to show parties’ real intention

Discretionary remedy

ActivityActivity

Selina bought a washing machine for Selina bought a washing machine for L350. It has developed several minor L350. It has developed several minor faults including a leak. Selina complained faults including a leak. Selina complained to the store where she bought the to the store where she bought the machine. They offered to replace it but machine. They offered to replace it but refused to refund her money. Selina wants refused to refund her money. Selina wants to return the machine and claim the cost. to return the machine and claim the cost. Advise Selina as to which court she must Advise Selina as to which court she must start proceedings in and to which track the start proceedings in and to which track the case is likely to be allocatedcase is likely to be allocated

ActivityActivity

Tyler was seriously injred when a car Tyler was seriously injred when a car mounted a pavement and hit him as mounted a pavement and hit him as he was waiting for a bus. He he was waiting for a bus. He estimates his claim as being for estimates his claim as being for about L85,000. Advise him as to about L85,000. Advise him as to which court he may commence his which court he may commence his claim in, the track to which it will be claim in, the track to which it will be allocatedallocated

ActivityActivity

Wallace wishes to sue a local Wallace wishes to sue a local newspaper for defamation. He is newspaper for defamation. He is prepared to limit his claim to prepared to limit his claim to L20.000. Advise him as to which L20.000. Advise him as to which court he may commence his claim court he may commence his claim and the track to which it is likely be and the track to which it is likely be allocatedallocated

SUMMARY: claim, defendant, SUMMARY: claim, defendant, judgement, plaintiff, probabilities.judgement, plaintiff, probabilities.

A civil action in the county court or the A civil action in the county court or the High Court is started by the ___(claimant) High Court is started by the ___(claimant) serving documents, which contain details serving documents, which contain details of a__, on the defendant. Should the__ of a__, on the defendant. Should the__ defend the action, the court is informed; defend the action, the court is informed; relevant papers are prepared, circulated to relevant papers are prepared, circulated to all parties, and the case proceeds to trial all parties, and the case proceeds to trial and __. A decision in civil cases is reached and __. A decision in civil cases is reached on the balance of ___.on the balance of ___.

KeyKey

A civil action in the county court or the High Court A civil action in the county court or the High Court is started by the plaintiff (claimant) serving is started by the plaintiff (claimant) serving documents, which contain details of a claim, on documents, which contain details of a claim, on the defendant. Should the defendant defend the the defendant. Should the defendant defend the action, the court is informed; relevant papers are action, the court is informed; relevant papers are prepared, circulated to all parties, and the case prepared, circulated to all parties, and the case proceeds to trial and judgement. A decision in proceeds to trial and judgement. A decision in civil cases is reached on the balance of civil cases is reached on the balance of probabilities. probabilities.

action, costs, delays, litigation, action, costs, delays, litigation, settledsettled

The court also decides the expenses of the__, and The court also decides the expenses of the__, and the loser is usually expected to pay both his own the loser is usually expected to pay both his own and the opponent’s __. Civil __ can be and the opponent’s __. Civil __ can be complicated, expensive and subject to great complicated, expensive and subject to great delay in the High Court. It is therefore advisable delay in the High Court. It is therefore advisable for disputes to be __out of court, or before the for disputes to be __out of court, or before the case actually comes to trial. Attempts are being case actually comes to trial. Attempts are being made to reorganize civil law procedures because made to reorganize civil law procedures because of concern about the efficiency of the system, of concern about the efficiency of the system, with its __, expense and complexity.with its __, expense and complexity.

KeyKey

The court also decides the expenses of the The court also decides the expenses of the action, and the loser is usually expected to pay action, and the loser is usually expected to pay both his own and the opponent’s costs. Civil both his own and the opponent’s costs. Civil litigation can be complicated, expensive and litigation can be complicated, expensive and subject to great delay in the High Court. It is subject to great delay in the High Court. It is therefore advisable for disputes to be settled out therefore advisable for disputes to be settled out of court, or before the case actually comes to of court, or before the case actually comes to trial. Attempts are being made to reorganize civil trial. Attempts are being made to reorganize civil law procedures because of concern about the law procedures because of concern about the efficiency of the system, with its delays, expense efficiency of the system, with its delays, expense and complexity.and complexity.

LEGAL TERMSLEGAL TERMS

Action Action a proceeding heard in a civil a proceeding heard in a civil court allowing an individual to pursue court allowing an individual to pursue a legal right; a legal right;

to take legal action to take legal action to begin a to begin a legal case; legal case;

to defend an actionto defend an action to appear in to appear in court to state your case when court to state your case when accused of somethingaccused of something


Claim Claim an assertion of a legal right an assertion of a legal right potraživanje, tužbeni zahtjevpotraživanje, tužbeni zahtjev Counterclaim Counterclaim in a court, a claim by a in a court, a claim by a

defendant against whom a claimant is defendant against whom a claimant is bringing a claim. The counterclaim is bringing a claim. The counterclaim is included in the same proceedings and included in the same proceedings and statement of case as the original claimstatement of case as the original claim

protutužbaprotutužba


Discovery of documents Discovery of documents disclosure of disclosure of each party's documents to the other before each party's documents to the other before a hearing starts in the civil courts (Since the a hearing starts in the civil courts (Since the new Civil Procedure Rules in 1999, new Civil Procedure Rules in 1999, disclosure)disclosure)

To file To file to send a document to court (to send a document to court (When When a defendant is served with particulars of a defendant is served with particulars of claim he can file a defenceclaim he can file a defence); ); the defence the defence must be filed and served in 14 days must be filed and served in 14 days the the defence must be sent to court and to the defence must be sent to court and to the other party within 14 daysother party within 14 days

Podnijeti zahtjev suduPodnijeti zahtjev sudu

Legal termsLegal terms

Injunction Injunction a court order telling a court order telling someone to stop doing something, or someone to stop doing something, or not to do somethingnot to do something

Sudski nalogSudski nalog


Judgment by default Judgment by default a judgment a judgment without trial against defendant who without trial against defendant who fails to respond to a claimfails to respond to a claim

Presuda zbog izostanka, Presuda zbog izostanka, kontumacijska presudakontumacijska presuda

Judicial review Judicial review a review by a higher a review by a higher court of the actions of a lower courtcourt of the actions of a lower court

Sudska kontrolaSudska kontrola

Legal termsLegal terms

Plaintiff Plaintiff person who starts an action person who starts an action against someone in civil courts against someone in civil courts (Since the introduction of the new (Since the introduction of the new Civil Procedure Rules in April 1999, Civil Procedure Rules in April 1999, claimantclaimant))

Tužitelj u građanskom postupkuTužitelj u građanskom postupku


Pleadings Pleadings documents setting out the documents setting out the claim of the claimant or the defence of the claim of the claimant or the defence of the defendant, or giving the arguments which defendant, or giving the arguments which the two sides will use in proceedings the two sides will use in proceedings ((Pleadings must be submitted to the court Pleadings must be submitted to the court when the action is set down for trialwhen the action is set down for trial))

podnesakpodnesak Probate Probate legal acceptance that a legal acceptance that a

document, especially a will, is validdocument, especially a will, is valid Sudska ovjera oporukeSudska ovjera oporuke

LEGAL TERMSLEGAL TERMS Reverse Reverse to change a decision to the to change a decision to the

opposite oneopposite one Poništiti presuduPoništiti presudu Serve Serve to give someone a legal document to give someone a legal document

that requires them to do something (that requires them to do something (They They were served notice to quit the premises in were served notice to quit the premises in two months' timetwo months' time); );

Uručiti, dostavitiUručiti, dostaviti Sue Sue to start legal proceedings against to start legal proceedings against

someone to get compensation for a wrongsomeone to get compensation for a wrong Pokrenuti postupakPokrenuti postupak

Advise the people in the following Advise the people in the following situations:situations:

Thomas has been badly injured at Thomas has been badly injured at work and alleges that the injuries work and alleges that the injuries were the result of his employer’s were the result of his employer’s failure to take proper safety failure to take proper safety precautions. He has been advised precautions. He has been advised that his claim is likely to be worth ₤ that his claim is likely to be worth ₤ 200,000. Advise him as to which 200,000. Advise him as to which court or courts could hear his case.court or courts could hear his case.

ActivityActivity

Look up court forms such as claim Look up court forms such as claim form on the website: form on the website: www.courtservice.gov.uk

Also use that website to find Also use that website to find guidance on starting cases in the guidance on starting cases in the County CourtCounty Court

ActivityActivity

Use the Internet to look up cases in Use the Internet to look up cases in which there has been an appeal to which there has been an appeal to the Supreme Court and which are the Supreme Court and which are waiting for the appeal to be heard. waiting for the appeal to be heard. This can be found on:This can be found on:

www.supremecourt.gov.uk/news/judgments.htmlwww.supremecourt.gov.uk/news/judgments.html

Documents

CIVIL PROCEDURE IN ENGLAND AND WALES UNIT 9. Preview Civil vs. criminal procedure Civil vs. criminal procedure Adversary procedure Adversary procedure