Stages of a civil action

STAGE Description

PRE-ACTION

PROTOCOLS

The CPR requires parties to comply with pre-action protocols before

issuing proceedings. The protocols force the parties to adopt a “cards on

the table” approach.

ISSUING AND

SERVING CLAIM

FORM

Issuing proceedings (CPR 7) marks the official start of proceedings. The

claimant’s solicitors take or send to court (CPR 7.2(1)):

1. Copies of the claim form (Form N1)

as prepared by the claimant (7PD 3.1)

1 for court1 for each defendant1 for each claimant

2. Issue fee

The court issues a claim by

stamping each copy with an official seal

giving the action a claim number

The claim form is served when delivered to the other side via a method

recognised by the court. This must be served before the limitation date -

within 4 months of having the claim issued (CPR 7.5(1))

SERVING

PARTICULARS OF

CLAIM

CPR 16. Either the court or a party’s solicitor serves the claim form and

PoC on the defendant.

The PoC are either contained in or served with the claim form or served

within 14 days after service of the claim form.

ACKNOWLEDGME

NT OF SERVICE

CPR 10.

AoS not necessary but buys you more time i.e. 28 days.

D files AoS in response to the PoC if needs longer than 14 days to file

defence or if it wishes to dispute that the court has jurisdiction to hear the

claim.

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STAGE Description

DEFENCE (AND

COUNTERCLAIM)

Defence is filed, setting out why D disputes the claim. This must be filed at

court and served on every other party (CPR 15.6) within 14 days of the

date of service of the PoC (CPR 15.4).

The counterclaim is a cross-claim brought by a defendant that asserts an

independent cause of action but is not a defence to the claim made in

action by the claimant.

REPLY AND

DEFENCE TO

COUNTERCLAIM

Claimant responds to counterclaim and files its defence (if applicable)

AdmitDeny because…Request Proof

ALLOCATION

QUESTIONNAIRE

CPR 26.3.

Form N150 is sent to all parties on filing defence. AQ contains a number

of questions to help the court decide which track is most appropriate for

the case: small claims, fast or multi track.

AQ must be filed by the date specified on the form which will be not less

than 14 days after the deemed date of service.

ALLOCATION The court makes a decision to allocate to a track based on the information

contained in the AQ

DIRECTIONS The court gives directions on a notice of allocation. This is a timetable up

until trial. There are different standard forms of directions depending on

the track allocated. The court may make special directions in addition to

the standard directions if it considers it necessary.

CASE

MANAGEMENT

CONFERENCE

Where a case is allocated to multi track only, the court may either give

directions or, for more complex cases, fix a CMC hearing to decide on the

future conduct of the case. 29PD5.1: at a CMC the court will review the

steps the parties have taken, consider whether previous orders/directions

have been complied with, give further directions and ensure parties make

reasonable agreements about matters in issue and the future conduct of

the case.

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STAGE Description

DISCLOSURE The parties must inform each other of documents that they have which

are relevant to the claim, as ordered by the court. This is usually the first

direction of the court.

Documents 31.4Control 31.8Standard Disclosure 31.6PrivilegeInspectionPart no.

INSPECTION OF

DOCUMENTS

Where a party is allowed to inspect the document(s) disclosed. Inspection is not guaranteed:

1. If the document is no longer in the party’s control

2. Disclosing party has a right or duty to withhold inspection, i.e. it is privileged; or

3. allowing inspection would be disproportionate (CPR 31.3(2))

EXCHANGE OF WITNESS STATEMENTS

Part 32

Practice Directions 17-20

EXCHANGE OF

EXPERTS’ REPORTS

Part 35. Remember the protocol!

CPR 35.10(4) A party can inspect an expert report.

PRE-TRIAL

CHECKLIST

When giving directions on allocation, the court also gives a deadline by

which a pre-trial check list, form N170, is to be filed, a.k.a. listing

questionnaire, which allows the court to check directions have been

complied with, give further directions and fix a date for trial.

Sent 14 days prior to due date.

Due 8 wks prior to trial date or start of trial period CPR 29PD 8.1(3)-(4)

Once the questionnaire has been completed, the court will give listing

directions or a hearing.

What happens if questionnaire not submitted? Court will make an unless

order for the claim, defence and any counterclaim to be struck out unless

pre-trial checklists are filed within 7 days from service of the order CPR

29.6(3) and 29PD 8.3(1). If one party files a checklist, the court is unlikely

to strike out but may give further directions 29.6(4) and 29PD 8.3(2)

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STAGE Description

PREPARATION FOR

TRIAL

Part 29

A trial bundle must be prepared (documents placed into paginated and

indexed files) and filed with the court no more than 7 days and no less

than 3 days before the trial begins CPR 39.5. A copy must be supplied to

each party to the trial and one for witnesses.

In the High Court, the claimant should lodge a reading list with the trial

bundles (estimate of reading time judge should allocate to reading and

estimate of length of hearing).

Trial timetable agreed with other side to be lodged at court – judge may

vary this timetable PD29 para 10.3

Skeleton arguments must be prepared for High Court trials - usually

carried out by counsel.

List of authorities must be submitted by 5pm before the day of trial.

Case summary (agreed by all parties)

Settlement - Part 36 offers considered or reconsidered

Notice to admit facts (CPR 32.18) and notice to admit documents (CPR

32.19)

Brief to counsel to appear at trial

TRIAL Case hearing before a court of competent jurisdiction.

Leading questions not permitted of witnesses

Judgment given.

ENFORCEMENT OF

JUDGMENT

Judgment is handed down to the parties, after which the judge makes a

costs order and serves it on them.

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