If the Defendant does not comply with an injunction order, they will be in contempt of court. The court can order for the Defendant to pay a fine for being in contempt of court. The court can confiscate the Defendant’s assets. The court can order for the Defendant’s imprisonment for a maximum of 2 years. The court can also make any other punishable order available to it.

A penal notice is a notice attached to the front of an order against the person the order is made. It will mean that if the order it is attached to is not followed, the Claimant can make an application to commit the Defendant for being in contempt of court. A committal order will mean that the Defendant will be imprisoned for a maximum of 2 years.

The Claimant can make an application for committal for not complying with the court order provided that the injunction order was served on the Defendant personally.

The Claimant can use the Form N244 Application Notice CPR Part 23 which can be found on the government website to apply for the Defendant to be committed at prison.

The committal application must contain the title and the reference number of the claim, the full name of the Applicant if the Applicant is not party to the claim and their address, state that Applicant is seeking for an order for committal, the grounds for why the committal application is made and identify the alleged actions which were in contempt of court. The application must be supported by one or more affidavits (a written statement confirmed by oath or affirmation for use as evidence in court).

The application notice and any affidavits must be served personally on the Respondent.

The consequences of being contempt of court could be a fine, the confiscation of the assets, imprisonment for a maximum of 2 years or other punishable orders.

An order for committal is an order that requires the Defendant to be imprisoned for a maximum of 2 years. The order can be immediate or suspended. If the order is suspended, if the Defendant complies with the order by the date stated within the order, they will not be committed to prison.

The Claimant should use the Form N244 Application Notice CPR Part 23 which can be found on the government website to apply for an order for committal.

If order is concerning the non-compliance of an injunction order, the Claimant will not need the permission to apply for the contempt application. If the contempt application is in relation to an interference of due administration of justice or allegations of knowingly making false statements in an affidavit, affirmation or other document that is verified by a statement of truth or a disclosure statement, the Claimant will need the permission of the court before making the application.

The Defendant can negotiate with the Claimant to arrange for the dispute to be resolved. The Defendant can also settle the dispute altogether by paying the Claimant or by arranging a periodic payment through instalments with the Claimant.

The Defendant has three ways of responding to a money claim. The first is admitting to the claim. This will be where the Defendant admits that they owe money to the Claimant and makes arrangements to pay. The second is partly admitting to the claim. This will be where the Defendant admits that they owe money to the Claimant but not the full amount claimed. The third is defending the claim. This is where the Defendant denies that they owe money to the Claimant.

The form the Defendant should use will depend on how the Defendant wants to respond to the claim. The Defendant must file and serve an acknowledgement of service using Form N9 Response Pack. If the Defendant will be admitting to the claim and the claim was for a specified amount, the Defendant will need to complete and file the Form N9A Admission (specified amount). If the claim was for an unspecified amount, non-money asset or for the return of goods, the Defendant will need to complete and file the Form N9C Admission (unspecified amount, non-money and return of goods claims). If the Defendant is defending the claim and the claim was for a specified amount, the Defendant will need to complete and file the Form N9B Defence and Counterclaim (specified amount). If the claim was for an unspecified amount, non-money asset or for the return of goods, the Defendant will need to complete and file the Form N9D Defence and Counterclaim (unspecified amount, non-money and return of goods claims). The Forms can be found on the government website.

The Defendant will have 14 days from the date when the Particulars of Claim was served to respond to the claim. The Particulars of Claim could be filed and served together with the Claim Form or separately. The Defendant can file their Acknowledgement of Service within those 14 days at court and then file and serve their admission or defence within 14 days from the date when the Acknowledgement of Service was filed and served. This will give the Defendant 28 days to respond to the claim.

The Claimant and Defendant can agree for the time for filing and serving a Defence to be extended for up to 28 days. If it is agreed, the Defendant must inform the court in writing. If the Claimant or the Defendant wants to extend the time further than the 28 days, they must apply to the court.

The Defence should contain which allegations they deny, which allegations they admit to, which allegations they are unable to admit or deny and the Defendant's version of the events. The Defendant will need to go through the Claimant’s Particulars of Claim sentence by sentence and state whether they admit or deny the sentence or are not able to admit or deny the sentence.

A defendant must not ignore a money claim as the Claimant can apply to obtain a judgment in their favour. This is referred to as ‘Judgment in Default’. The judgment may mean that the Defendant is ordered to pay the whole amount that was claimed by the Claimant.

The defendant can respond online using the Money Claims Service website. This can only be used if the Claimant has claimed online.

The Response Pack is served along with the Particulars of Claim. This will allow the Defendant to file the Acknowledgement of Service and their admission or defence to the claims. The Response Pack includes a Form N9 Response Pack, a Form N9A Admission (specified amount), a Form N9C Admission (unspecified amount, non-money and return of goods claims), a Form N9B Defence and Counterclaim (specified amount) and a Form N9D Defence and Counterclaim (unspecified amount, non-money and return of goods claims). The Forms can be found on the government website.

The Defendant can agree or dispute the medical report and/or the schedule of expenses and losses. The Defendant can also agree partially to the medical report and/or the schedule of expenses and losses and dispute the other parts. The Defendant can also neither agree nor dispute the medical report and/or the schedule of expenses and losses but state they have knowledge of the matters included within the medical report and/or the schedule of expenses and losses.

The Claimant can start their claim using the Claim Form N1 which can be found on the government website. If the claim is for a sum of money, the Claim Form should be sent by post to the County Court Money Claims Centre at PO Box 527, Salford, M5 0BY. If the claim is a High Court claim it should be sent by post to a court office. Claims for money more than £100,000 and claims for personal injury for more than £50,000 must be claimed at High Court. Claims for money less than £100,000 and claims for personal injury for less than £50,000 must be claimed at County Court.

The Claimant can claim for money online using Online Civil Money Claims Service or the Money Claims Online Service. The Claimant can claim online if the claim is for a specified amount, the Claimant and Defendant are both over 18 years of age, the Claimant does not need help with court fees, the Claimant and the Defendant have an address in the UK and the claim is not for personal injury, a tenancy deposit or against a government department. The Claimant can use the Online Civil Money Claims Service if the claim is for a specified amount of less than £10,000 and the claim is against an individual and not against an organisation. The Claimant can use the Money Claims Online Service if the claim is for a specified amount that is less than £100,000, the claim is against an organisation or against no more than two people.

The Claimant will have to pay court fees when making their claim. The applicable court fees will depend on the amount they are claiming. The applicable court fees can be found on the government website.

The Particulars of Claim will provide detailed information on all the allegations and claims the Claimant is making. It will also include a detailed statement of facts of the case. The Defendant will need to respond to the allegations and the facts stated within the Particulars of Claim within their Defence.

In brief, the Particulars of Claim should have a heading with the title of proceedings which should state the number of proceedings, the court or division where the proceedings are taking place, the full name of parties and the status of the parties. It should also contain a statement of facts of the case. If the Claimant is seeking interest, aggravated or exemplary damages, or provisional damages, a statement to that effect and on what basis the damages are being claimed. It should also contain a short summary if it is longer than 25 pages. The Particulars of Claim should also include a statement of truth and attachments of relevant documents.

Advisory, Conciliation and Arbitration Service (ACAS) works with employers and employees on any employment problems. They offer alternative dispute resolution to resolve any employment problem an employer or employee is facing. Before starting a claim, the employer or employee must contact ACAS and try to resolve the dispute through them. If they are unable to resolve the issue ACAS will provide a certificate which they can use to claim at the Employment Tribunal.

The Claimant will have 3 months and 1 day from the date the dispute arose to contact ACAS. The Claimant will have 1 month from the date they receive the certificate to make a claim to the Employment Tribunal. The Claimant has 3 month from when the dispute arose to make a claim at the Employment Tribunal. The Claimant must contact ACAS before claiming at the Employment Tribunal.

The Claimant can make a claim online using the Employment Tribunal website. The Claimant can also fill in a paper Claim Form ET1 which can be found on the government website and send it to the Employment Tribunal Central Office (England and Wales), PO Box 10218, Leicester, LE1 8EG.

The Claim Form must have the Claimant’s name and address, the respondents name and address. the ACAS certificate number and a concise account of the Claimant’s complaint and the Claimant’s version of events.

The Respondent can respond to the claim form using Form ET3 Response Form which can be found on the government website within 28 days from the date when the Respondent received the Claim Form.

Particulars of Claim is a document where the Claimant provides details of their claim. This will include details on their allegations against the Defendant and a statement of events that took place.

The Particulars of Claim, if sent together with the Claim Form, must be served to the Defendant within 4 months from the date when the Claim Form was issued or 6 months if the Defendant is not within England and Wales. If the Particulars of Claim was not included with the Claim Form, the Particulars of Claim must be served to the Defendant within 14 after the date when the Claim Form was served. The Particulars of Claim must file at court within 7 days of it being served to the Defendant. The Particulars of Claim must be served to the Defendant within 4 months from date of issue of the Claim Form or 6 months if the Defendant is not within England and Wales.

In brief, the Particulars of Claim should have a heading with the title of proceedings which should state the number of proceedings, the court or division where the proceedings are taking place, the full name of parties and the status of the parties. It should also contain a statement of facts of the case. If the Claimant is seeking interest, aggravated or exemplary damages, or provisional damages, a statement to that effect and on what basis the damages are being claimed. It should also contain a short summary if it is longer than 25 pages. The Particulars of Claim should also include a statement of truth and attachments of relevant documents.

The Claimant does not have to include the Particulars of Claim along with the Claim Form but the Particulars of Claim must be served within 14 days of service of the Claim Form and within 4 months of the Claim Form being issued at court or within 6 months of the Claim Form being issued at court if the Defendant is not within England and Wales.

The Claimant does not have to include the Particulars of Claim along with the Claim Form but the Particulars of Claim must be served within 14 days of service of the Claim Form and within 4 months of the Claim Form being issued at court or within 6 months of the Claim Form being issued at court if the Defendant is not within England and Wales.

Alongside the requirements for Particulars of Claims, it should also include the Claimant’s date of birth, brief details of the Claimant’s personal injuries, an attachment of a schedule for details of any past and future expenses and losses which is being claimed and if the Claimant is relying on a medical practitioner’s evidence, an attachment of a report from the medical practitioner about the personal injuries.

Filing means delivering a document to a court officer and the court officer accepting the document for it to be included within the proceedings as part of the Claim or Defence. Serving means delivering a legal document to the Defendant or any other relevant party.

There are no limits as to how long the Particulars of Claim can be but if it is longer than 25 pages, the Claimant must provide a short summary within the Particulars of the Claim.

The Particulars of Claim can be served at the Defendant’s premises or at the Defendant’s solicitors if the Defendant has given their address and the Solicitor has informed the claimant that they will be accepting service. If the claim is against a company, it must be served on a senior officer within the company at the principal office, registered office, a place with real connection to the claim, or last known place of business.

The Claimant must include any communications between the Claimant and the Defendant such as emails and posts that are relevant to the claim. The Particulars of Claim could also include any agreement, contracts or other documents which specifies the terms and conditions of the Claimant and the Defendant’s relationship. A copy of any documents mentioned within the Particulars of Claim must be attached to the Particulars of Claim.

The Statement of Claim should address all the elements that need to be satisfied for the claim to be successful. This will depend on what basis the claim is being brought. It should contain the Claimant’s version of events while stating the provable facts of the case that would satisfy the elements. In general, it should state what the Claimant and Defendant’s relationship was and the duty of care that was owed to the Claimant. It should state how the duty was breached. The Statement of Claim should also contain what losses the Claimant suffered and what the Claimant is seeking to recover through the court proceedings.

Pre-action protocol refers to the steps the court will expect the Claimant and the Defendant to have taken to resolve the claim outside of court before commencing the claim at court. This includes the Claimant sending a pre-action notice, the Defendant sending a response to the pre-action notice, the Claimant and Defendant exchanging relevant information and documents and the Claimant and Defendant assessing whether they can use alternative dispute resolutions instead of going to court. The steps within the pre-action protocol will differ depending on the type of claim it is.

The letter should include the name and address of the Claimant, the basis on which the claim is made, a summary of the facts, what the Claimant wants from the Defendant and a deadline for the Defendant’s reply.

The Claimant can commence a civil claim by filling in a Claim Form N1 which can be found on the government website. If the claim is for money, the Claim Form should be sent to the County Claims Centre PO Box 527, Salford, M5 0BY unless it is a High Court Claim. If the claim is a High Court claim or the claim is for anything other than money, the Claim Form should be sent to the local court office. If the claim is for a specified amount that is more than £100,000, or the claim is for personal injury and the specified amount is more than £50,000 the claim must be made in the High Court. If the claim is for a specified amount that is less than £100,000 or the claim is for personal injury and the specified amount is less than £50,000, the claim must be made at County Court.

The Claimant can claim for money online using Online Civil Money Claims Service or the Money Claims Online Service. The Claimant can claim online if the claim is for a specified amount, the Claimant and Defendant are both over 18 years of age, the Claimant does not need help with court fees, the Claimant and the Defendant have an address in the UK and the claim is not for personal injury, a tenancy deposit or against a government department. The Claimant can use the Online Civil Money Claims Service if the claim is for a specified amount of less than £10,000 and the claim is against an individual and not against an organisation. The Claimant can use the Money Claims Online Service if the claim is for a specified amount that is less than £100,000, the claim is against an organisation or against no more than two people.

The Claimant will have to pay court fees when making their claim. The applicable court fees will depend on the amount they are claiming. The applicable court fees can be found on the government website.

The Claim Form will be served on the Defendant by the court unless the court orders or directs that it should be served by the Claimant. The Claimant must serve the Claim Form to the Defendant within 4 months from the date when the Claim Form was issued or 6 months if the Defendant is not within England and Wales.

The Claimant can personally serve a claim. If the Defendant is a company, the Claim Form must be served to a person holding a senior position within the company. If the Defendant is a partnership, the claim form must be served to a partner or the person who at the time of service has control or management of the partnership at its principal place of business. They can also send it by first class post, by document exchange, by another service which provides delivery on the next business day, by Fax or other electronic means or any other method which is authorised by the court.

The Claim Form can be served at the Defendant’s premises or at the Defendant’s solicitors if the Defendant has given their address and the Solicitor has informed the Claimant that they will be accepting service. If the claim is against a company, it must be served on a senior officer within the company at the principal office, registered office, a place with real connection to the claim, or last known place of business.

The Particulars of Claim will provide detailed information on all the allegations and claims the Claimant is making. It will also include a detailed statement of facts of the case. The Defendant will need to respond to the allegations and the facts stated within the Particulars of Claim within their Defence.

The Particulars of Claim, if sent together with the Claim Form, must be served to the Defendant within 4 months from the date when the Claim Form was issued or 6 months if the Defendant is not within England and Wales. If the Particulars of Claim was not included with the Claim Form, the Particulars of Claim must be served to the Defendant within 14 after the date when the Claim Form was served. The Particulars of Claim must file at court within 7 days of it being served to the Defendant. The Particulars of Claim must be served to the Defendant within 4 months from date of issue of the Claim Form or 6 months if the Defendant is not within England and Wales.

The Defendant has three ways of responding to the Particulars of Claim. The first is admitting to the claim. This will be where the Defendant admits that they owe money or other compensation to the Claimant and makes arrangements to pay. The second is partly admitting to the claim. This will be where the Defendant admits that they owe money or other compensation to the Claimant but not the full amount claimed. The third is defending the claim. This is where the Defendant denies that they owe money to the Claimant. The Defendant could also include a Counterclaim within their Defence. The Counterclaim will be a claim against the Claimant for money or other compensation.

The Defendant can respond online using the Money Claims Service website. This can only be used if the Claimant has claimed online.

An Acknowledgement of Service is a document that must be filed once the Defendant is delivered with the Particulars of Claim to confirm that they have received the Particulars of Claim. The Acknowledgement of Service could be filed and served along with the response or separately.

The form the Defendant should use will depend on how the Defendant wants to respond to the claim. The Defendant must file and serve an acknowledgement of service using Form N9 Response Pack. If the Defendant will be admitting to the claim and the claim was for a specified amount, the Defendant will need to complete and file the Form N9A Admission (specified amount). If the claim was for an unspecified amount, non-money asset or for the return of goods, the Defendant will need to complete and file the Form N9C Admission (unspecified amount, non-money and return of goods claims). If the Defendant is defending the claim and the claim was for a specified amount, the Defendant will need to complete and file the Form N9B Defence and Counterclaim (specified amount). If the claim was for an unspecified amount, non-money asset or for the return of goods, the Defendant will need to complete and file the Form N9D Defence and Counterclaim (unspecified amount, non-money and return of goods claims). The forms can be found on the government website.

The Defendant must file and serve their response in 14 days if they are intending to file and serve it along with their Acknowledgment of Service. If not, they must file and serve the Acknowledgement of Service within 14 days after being served with the Particulars of Claims. The response must be filed within 14 days after filing the Acknowledgment of Service. The response must also be delivered to the Claimant and any other relevant parties.

The Defence should contain which allegation they deny, which allegations they admit to, which allegations they are unable to admit or deny and the Defendant's version of the events. The Defendant will need to go through the Claimant’s Particulars of Claim sentence by sentence and state whether they admit or deny the sentence or are not able to admit or deny the sentence.

The Defendant can agree or dispute the medical report and/or the schedule of expenses and losses. The Defendant can also agree partially to the medical report and/or the schedule of expenses and losses and dispute the other parts. The Defendant can also neither agree nor dispute the medical report and/or the schedule of expenses and losses but state they have knowledge of the matters included within the medical report and/or the schedule of expenses and losses.

The Claimant and Defendant can agree for the time for filing and serving a Defence to be extended for up to 28 days. If it is agreed, the Defendant must inform the court in writing. If the Claimant or the Defendant wants to extend the time further than the 28 days, they must apply to the court.

A Defence is where the Defendant opposes the claims made within the Particulars of Claims. A Counterclaim is where the Defendant makes a claim for money or some other relief against the claims made by the Claimant. Unlike a Defence, in a Counterclaim, the Defendant will seek some sort of relief from the Claimant.

A Defendant must not ignore the Particulars of Claim as the Claimant can apply to obtain a judgment in their favour. This is referred to as ‘Judgment in Default’. The judgment may mean that the Defendant is ordered to pay the whole amount that was claimed by the Claimant.

A summary judgment is a process which can be used to end the whole or part of the trial without a full trial. A summary judgment will end the whole or part of the trial in the middle of the proceedings.

The court will make a summary judgment if it considers that the claim or the defence has no real prospect of succeeding. The prospect must be a realistic prospect based on the submission made by the Claimant or the Defendant. A summary judgment could also be made if there are no other compelling reasons why the case should be carried onto a full trial.

The court can make a summary judgment in any type of proceedings except two exceptions. Summary judgment is not available for proceedings against the possession of the Defendant’s home and proceedings concerning ships, the sea and other navigable waters that are directed to property.

The Defendant can make an application for summary judgment any time once the proceedings have been commenced at court. They can issue and file an application notice with any supporting evidence.

The Claimant can make an application for a summary judgment after the Defendant has filed an Acknowledgement of Service or a Defence. The Claimant can apply for a summary judgment before the filing of an Acknowledgement of Service or Defence if the court gives permission or if a Practice Direction allows it. The Claimant can issue and file an application notice with any supporting evidence.

If the Respondent of the summary judgment application wishes to rely on written evidence, the Respondent must file the written evidence and serve copies to every other party to the claim at least 7 days before the hearing. If the Applicant wishes to reply with written evidence, the Applicant must file the written evidence and serve a copy to the Respondent at least 3 days before the hearing.

If the summary judgment hearing was fixed by the court, the party wishing to rely on written evidence must file and serve copies to every other party to proceed at least 7 days before the hearing. If a party wishes to rely on written evidence in response to any other party’s written evidence, they must file the written evidence and serve copies on every other party to the proceedings at least 3 days before the hearing.

The Defendant can apply for a summary judgment any time after the proceedings are commenced. The Claimant can apply after the Defendant has filed their Acknowledgement of Service or Defence. They can apply if they have permission from the court or a Practice Direction allows them. The court can fix a summary judgment hearing on its own initiative.

If a party wishes to rely on written evidence in response to any written evidence provided by the other party, they can file the written evidence and serve a copy on every other party to the proceedings at least 3 days before the date of the hearing.

The court can make the summary judgment which will end the whole or part of the proceedings altogether. The court can dismiss the summary judgment. This will mean that the case will continue to trial. The court can strike out or dismiss the whole claim. This will end the proceedings at the summary judgment hearing without any judgment. The court could make an order dealing with costs. The order could require one of the parties to pay the other party’s costs. The court could make a conditional order which will require the party with the improbable case to pay a sum of money into court and/or take a specified step.

A summary judgment will be a final judgment as it will stop the proceedings from carrying on. If the summary judgment was in relation to one part of the case, that part will be decided and end at the summary judgment. The rest of the issues will carry on to a full trial.

A court transcript can be obtained by making an application court. A court transcript can be obtained if the hearing was recorded. Hearings at civil courts are normally recorded. Tribunal hearings may be recorded but not always. The Applicant wishing to obtain a transcript can contact the tribunal to ensure that the hearing was recorded.

The applicant can apply for a court transcript using Form EX107 which can be found on the government website. The completed form must be sent to the court or tribunal that heard the hearing. The form contains a list of authorised transcribers the applicant can select from. Part C of the form allows the applicant to select which part of the hearing they wish to transcribe.

The Applicant will need to pay a fee for the transcript. The first Applicant requesting the transcript will pay for the fee of producing the transcript. The subsequent copies will be at a lower cost.

If the hearing was heard in private in the county court, if the Applicant was not a party to the claim, they must make an application using Form N244 which can be found on the government website to ask the court for permission to receive the court transcript.

The Applicant will normally not need permission to obtain a court transcript unless the hearing was heard in private in the county court and they are not a party to the claim. The Applicant can get permission from the court using the Form N244 which can be found on the government website.

The fees for obtaining the court transcript can be shared between different parties to lower the overall cost of the transcript. The initial fee for producing the transcript will be higher than the cost for obtaining subsequent copies so by sharing the cost for the court transcript will enable all the parties to obtain a copy at a lower cost.

The Applicant may apply for a free transcript by filling and sending by post or by email Form EX105 along with Form EX107 to the court or tribunal that heard the hearing to obtain a free copy. The forms can be found on the government website.

Transcripts are the written records of the court’s judgment.

The cost of the transcript will vary depending on the transcript’s size, whether the transcript is new or a copy and when the Applicant would like to receive the transcript. The cost of the transcript will also depend on the pricing of the authorised Transcription Company the Applicant chooses.

The court will accept an application for a free transcript if there are special circumstances such as where the Applicant needs the transcript urgently but cannot afford to pay for it.

An additional claim is any claim other than the claim by the Claimant against the Defendant.

A Counterclaim is a claim brought by the Defendant against the claimant in response to the claimant’s claim. The Counterclaim will seek some sort of relief such as money or the return of goods from the Claimant.

A counterclaim is a type of additional claim. Any claim other than the one made by the Claimant against the Defendant will be considered an additional claim. A counterclaim will be a separate claim from the claim made by the Claimant against the Defendant.

The Defendant can make a Counterclaim against the Claimant when responding to the Claimant’s Claim Form and Particulars of Claim. If the claim is regarding a specified amount of money, the Defendant should use Form N9B Defence and Counterclaim to file their Counterclaim. If the claim is for an unspecified amount of money or non-money asset or for the return of goods, the Defendant should use Form N9D Defence and Counterclaim to file their Counterclaim. If the Defendant did not file the Counterclaim with the Defence, the Defendant must obtain the court’s permission to make a Counterclaim. The forms can be found on the government website.

In brief, the Counterclaim should have a heading with the title of the proceedings, a concise state of the facts of the case, a statement of truth and an attachment of copies of relevant documents. If the Defendant is seeking interest, aggravated damages, exemplary damages or provisional damages, the counterclaim should include a statement to that effect and on what basis the damages are being claimed. If the counterclaim is longer than 25 pages, it must also include a short summary.

The Defendant can make a Counterclaim against a person other than the Claimant. The Defendant must apply to the court for an order for the person to be added as an additional party to the proceedings. The court’s permission will not be needed if the Counterclaim is against someone who was already party to the claim.

A party can begin an additional claim that is not a counterclaim using the Form N211. The additional claim must be served on the person whom it is made within 14 days after the date on which the additional claim is issued at court. If the party needs permission from the court, they can use the Form N244 to ask the court for permission before making the application. The forms can be found on the government website.

The party will need to apply to the court for an order if they wish to add an additional party to the claim. Additional claims made alongside the Defence will not require court’s permission.

If the Defendant wishes to make an additional claim for contribution or indemnity from another party and the additional claim was filed and served with the Defence, the Defendant will not need permission. If the Defendant wishes to make an additional claim for contribution or indemnity from another party and the additional claim is against a party who will be added to the claim later or within 28 days after that party files their Defence, the Defendant will not need permission. Any other additional claims will require the court’s permission.

The Defendant has 14 days from the date when the Particulars of Claim was served to file and serve their Defence and Counterclaim. If the Defendant intends on filing an Acknowledgement of Service, the Defendant will have 28 days from the date when the Particular of Claim was served to file and serve their Defence and Counterclaim.

The Defendant must file and serve the Counterclaim within 14 days after the date on which the Particulars of Claim was served on them. If the Counterclaim is against a party who is not already a party to the claim, they must be served within 14 days too. Any additional claims must be filed at court and served on the person against whom it is made and all other parties of the proceedings within 14 days after the date on which the additional claim was issued at court.

Civil Procedure Rules are the rules that everyone in a civil hearing must follow. This sets out the standards and procedures that apply to every civil hearing that must be followed by the court, the parties and all legal representatives of the parties.

The burden of proof refers to the responsibility and obligation one party has to prove their case. In a civil case, the burden of proof will be on the Claimant as they have to provide evidence to support the claims they make within their Particulars of Claim.

The standard of proof refers to the level of proof a party must establish in order to support their case. The standard of proof in civil hearings is on a ‘balance of probabilities’. This means that the Claimant or the Defendant must convince the court that their case is more probable than their opponents.

Facts which need to be proven by evidence of witnesses can be proved through oral evidence or evidence in writing through a witness statement. If a person submits a witness statement, they must attend to provide oral evidence at trial. If the person does not attend the trial, the witness statement can still be used but will be considered hearsay and will hold less weight. Evidence at any other hearing will usually be in writing and will generally take the form of a witness statement.

Any person may apply to cross examine the person who wrote the written evidence. Cross examination is where someone questions the person who wrote the written evidence on the written evidence. If the court gives permission to the cross-examination and the person who wrote the written evidence does not attend the hearing, their written evidence cannot be used at the hearing.

Hearsay is a statement that is made out of court and is later relied on in court as evidence. A written evidence that is not supported by the oral evidence at the hearing will be an example of hearsay.

Hearsay can be used at civil hearings. If the hearsay is within a witness statement but not supported by oral evidence, notice must be given when serving the witness# statement with reasons for why the witness will not be giving oral evidence.

If both parties do not attend the hearing or if only the Defendant attends the hearing, the case will likely be struck out. This will mean that the proceedings will end at that hearing. If the defendant is absent at the hearing, the hearing will take place in the Defendant’s absence. The Claimant will still have to prove their case. The court can strike out the Defence if the Defendant does not attend.

If a judgment is made in the absence of the party, they can apply to the court for the judgment to be set aside. The court will set the judgment aside if there was good reason for the Defendant not attending the hearing.

There is no single process that occurs during a trial. The trial will vary depending on the type of case, complexity of the case and the approach of the judge.

In general, the trial will begin with the Claimant making their opening statement. The Defendant will then make their opening statement. The Claimant’s and the Defendant’s witnesses will provide evidence and will be cross examined. The Defendant will make their closing statement. The Claimant will make their closing statement. The trial will end with the judge making a judgment on the case.

An opening statement is the introduction into the case. The opening statement will set the scene for the case. If the case is straightforward and the issues are clear, the judge may decide that an opening statement will not be necessary.

A pre-action notice is a letter that invites the other party to resolve the dispute. The letter will be written with the intention that if the letter is not followed and the dispute is not resolved, the Claimant will make a claim at court.

The letter should include the name and address of the Claimant, the basis on which the claim is made, a summary of the facts, what the Claimant wants from the Defendant and a deadline for the Defendant’s reply.

Pre-action protocol refers to the steps the court will expect the Claimant and the Defendant to have taken to resolve the claim outside of court before commencing the claim at court. This includes the Claimant sending a pre-action notice, the Defendant sending a response to the pre-action notice, the Claimant and Defendant exchanging relevant information and documents and the Claimant and Defendant assessing whether they can use alternative dispute resolutions instead of going to court. The steps within the pre-action protocol will differ depending on the type of claim it is.

The Claimant should send a pre-action notice to attempt to resolve the issue outside of court as this would save costs. Sending a pre-action notice will also prevent any delays as if the claimant claims at court without a pre-action notice, the court can stay the proceedings until the pre-action notice has been sent. Sending a pre-action notice can help the Claimant and the Defendant narrow down the issues that are in dispute. By sending a pre-action notice, they will be complying with the pre-action protocols and will avoid sanctions.

If the pre-action protocol is not completed, the court may stay (pause) the proceedings until the pre-action steps are all completed. The court can, instead of staying the proceedings, apply a sanction against the person who did not complete the pre-action steps. The court also has the discretion to ignore that the pre-action protocol was not fully completed.

There is a general pre-action protocol and pre-action protocols which apply to specific types of cases. There is a specific pre-action protocols for cases involving personal injury, resolution of clinical disputes, construction and engineering, defamation, professional negligence, judicial review, disease and illness, house disrepair, possession claims by social landlords, possession claim by mortgage arrears, dilapidation of commercial property, low value personal injury road traffic accident claims, low value personal injury employers’ and public liability claims and package travel claims.

The pre-action notice is a legal requirement as it is required within the pre-action protocol. If the Claimant does not comply, the court may apply a sanction or stay the proceedings so that the Claimant can send the pre-action letter.

The pre-action notice can be sent by email. The Claimant must send the notice with the intention of resolving the dispute so they must ensure that they send the pre-action notice using the communication method on which the Defendant is likely to receive it promptly and respond within the deadline.

The Defendant should respond to the pre-action notice within 14 days. If the case is more complex, the Defendant should respond to the pre-action notice no later than 3 months from the pre-action notice.

The costs that arise while taking the pre-action steps cannot be recovered during the proceedings provided that the costs were reasonably incurred in order to resolve the dispute.

Cases will be allocated into the small track if the amount claimed is below £10,000. Personal injury claims with a value below £10,000 and a value for damages for injuries below £1,000 will also be allocated into the small track. A claim by a tenant of residential premises against landlords will be allocated to the small track if the tenant is seeking an order for the landlord to carry out repairs or other to the property, the cost of the repairs or work is below £1,000 and the value of any other claim for damages is below £1,000.

Cases will be allocated to the fast track if they are likely to last no longer than 1 day (5 hours) and claim is for a value between £10,000 to £25,0000. Fast track includes cases where the oral expert evidence is limited to 1 expert per party and 2 expert fields.

Cases will be allocated to the multi-track if the claim is for over £25,000. Claims which do not fall within the small track and fast track allocation will be allocated to the multi-track.

The notice of proposed allocation will state the track the court is provisionally allocated the claim to. It will also specify what the Claimant and Defendant will need to do and will require them to complete and file the directions questionnaire at court. The directions questionnaire will also need to serve on the other parties to the claim. The notice of proposed allocation will also inform the parties on how to obtain a directions questionnaire.

The directions questionnaire is a questionnaire that the Claimant and the Defendant must complete to provide more information on the claim. The directions questionnaire will also ensure that the case is allocated into the right track. The direction questionnaire will require the Claimant and the Defendant to provide information on the details of witnesses they are intending to rely on at trial, evidence and details on the claim itself.

For cases allocated in small track, the Claimant and the Defendant will have 14 days from the date when they received the notice of proposed allocation to file their directions questionnaire. For cases allocated into fast and multitrack, the directions questionnaire must be filed within 28 days from the date on which they received the notice of proposed allocation.

Cases are allocated depending on the complexity of the case, the value of the amount claimed, how long the cases and hearing is likely to take, the number of witnesses who will be attending the hearing and the number of expert evidence. Complex cases are generally allocated to fast track and multi tracks. Claims for an amount between £10,000 to £25,000 will be allocated to fast track and claims for an amount over £25,000 will be allocated to multitrack. If the case is likely to be longer, it will be allocated into the fast track or multitrack.

There are generally 5 stages of a civil case however the stages will vary depending on the case. The Claimants and the Defendants can make applications during the proceedings which can add more stages to the proceedings. The first stage is the pre-action conduct and protocol stage where the Claimant and the Defendant try to resolve the dispute outside of court through negotiation and possibly alternative dispute resolutions. The second stage is the issuing the claim and exchanging statements of case stage where the Claimant will file and serve their Claim Form and their Particulars of Claim and the Defendant will file and serve their Acknowledgement of Service and Defence. The third stage is exchange of evidence where the case will be allocated to the appropriate track and Claimant and Defendant will disclose relevant documents and exchange witness statements. The fourth stage is where the case will go into trial where the court will hear the submissions, witness evidence and expert evidence and make a judgment. The fifth stage is the post trial stage where the parties can enforce the judgment if the judgment was made in their favour and the parties can appeal the decision.

The judge may give the judgment at the end of the hearing or may adjourn and give a break before they give their judgment.

There is no single process that occurs during a trial. The trial will vary depending on the type of case, complexity of the case and the approach of the judge.

In general, the trial will begin with the Claimant making their opening statement. The Defendant will then make their opening statement. The Claimant’s and the Defendant’s witnesses will provide evidence and will be cross examined. The Defendant will make their closing statement. The Claimant will make their closing statement. The trial will end with the judge making a judgment on the case.

Civil Procedure Rules are the rules that govern civil cases in England and Wales. The Civil Procedures sets out the standards and procedures that apply to every civil hearings.

Practice Directions provide further explanation and detail on the Civil Procedure Rules. Not all Civil Procedure Rule has a Practice Direction accompanying it. Practice Directions provides more guidance to the Claimant and Defendant on how they can best follow the Civil Procedure Rule it is accompanying.

The purpose of the Civil Procedure Rules is to deal with cases justly and at a proportionate cost. The objective of the Civil Procedure Rules is to ensure that the parties are on equal footing and participate fully in the proceedings. The Rules also aim to save expenses for the parties. The Civil Procedure Rules promote dealing with cases in a way which is proportionate to the amount of money involved, the importance of the case, the complexity of the issues and the financial position of each party. The Rules also ensure that the cases are dealt with expeditiously and fairly and cases are allotted the appropriate share of the court’s resources while taking into account the need to allot resources to other cases.

Civil Procedure Rules apply to all civil proceedings in the County Court, the High Court and The Civil Division of the Court of Appeal.

Civil Procedure Rules apply to all civil cases except insolvency proceedings, non-contentious or common form probate proceedings, proceedings in the High Court when acting as a Prize Court, Court of Protection proceedings, family proceedings, adoption proceedings and Election petitions in the High Court.

Civil Procedures Rules deal with all aspects of a civil proceedings. The Rules deal with pre-action conduct, issuing the claim and exchanging statements of case, exchange of evidence, the hearing and appealing and enforcing a judgment. The Rules manage all aspects of the case to ensure that the case is dealt with expeditiously and fairly.

The Practice Directions are practical advice on how to interpret and follow the Civil Procedure Rules. It provides more guidance on how the rules could be followed.

A Part 36 offer is an offer made by either the Claimant or the Defendant to settle the claim early without the matter being taken through a final hearing. If the Part 36 offer is accepted by the other party and they do not receive a favourable decision at trial, they will need to pay the other party’s costs. The court can also apply penalties for refusing to accept an offer when they ought to have accepted it.

Civil Procedure Rules are a legal requirement within almost all civil cases. The Claimant and the Defendant must follow the rules within the Civil Procedure Rules. If they do not follow the Civil Procedure Rules, the court could apply penalties, fines, confiscation of assets or other punishable orders.

Pre-action protocol refers to the steps the court will expect the Claimant and the Defendant to have taken to resolve the claim outside of court before commencing the claim at court. This includes the Claimant sending a pre-action notice, the Defendant sending a response to the pre-action notice, the Claimant and Defendant exchanging relevant information and documents and the Claimant and Defendant assessing whether they can use alternative dispute resolutions instead of going to court. The steps within the pre-action protocol will differ depending on the type of claim it is.

Civil Procedure Rules are the rules that govern civil cases in England and Wales. The Civil Procedures sets out the standards and procedures that apply to every civil hearings.

Civil Procedure Rules apply to all civil proceedings in the County Court, the High Court and The Civil Division of the Court of Appeal.

Civil Procedure Rules apply to all civil cases except insolvency proceedings, non-contentious or common form probate proceedings, proceedings in the High Court when acting as a Prize Court, Court of Protection proceedings, family proceedings, adoption proceedings and Election petitions in the High Court.

The purpose of the Civil Procedure Rules is to deal with cases justly and at a proportionate cost. The objective of the Civil Procedure Rules is to ensure that the parties are on equal footing and participate fully in the proceedings. The Rules also aim to save expenses for the parties. The Civil Procedure Rules promote dealing with cases in a way which is proportionate to the amount of money involved, the importance of the case, the complexity of the issues and the financial position of each party. The Rules also ensure that the cases are dealt with expeditiously# and fairly and cases are allotted the appropriate share of the court’s resources while taking into account the need to allot resources to other cases.

Rule 1.1 of the Civil procedure Rules states the overriding objective of the Civil Procedures. The overriding objective of the Civil Procedure Rules is dealing within cases justly and at proportionate cost. Dealing with cases justly and proportionately includes ensuring that the parties are on equal footing and participate fully in the proceedings and saving expenses. The cases will be dealt with in ways which are proportionate to the amount of money in the importance of the case, the complexity of the issues and the financial position of each party. The Rule also requires that cases are allotted the appropriate share of the court’s resources while taking into account the need to allot resources to other cases.

Civil Procedure Rules are a legal requirement within almost all civil cases. The Claimant and the Defendant must follow the rules within the Civil Procedure Rules. If they do not follow the Civil Procedure Rules, the court could apply penalties, fines, confiscation of assets or other punishable orders.

Practice Directions provide further explanation and detail on the Civil Procedure Rules. Not all Civil Procedure Rule has a Practice Direction accompanying it. Practice Directions provides more guidance to the Claimant and Defendant on how they can best follow the Civil Procedure Rule it is accompanying.

The Practice Directions are practical advice on how to interpret and follow the Civil Procedure Rules. It provides more guidance on how the rules could be followed.

Pre-action protocol refers to the steps the court will expect the Claimant and the Defendant to have taken to resolve the claim outside of court before commencing the claim at court. This includes the Claimant sending a pre-action notice, the Defendant sending a response to the pre-action notice, the Claimant and Defendant exchanging relevant information and documents and the Claimant and Defendant assessing whether they can use alternative dispute resolutions instead of going to court. The steps within the pre-action protocol will differ depending on the type of claim it is.

Civil Procedures Rules deal with all aspects of a civil proceedings. The Rules deal with pre-action conduct, issuing the claim and exchanging statements of case, exchange of evidence, the hearing and appealing and enforcing a judgment. The Rules manage all aspects of the case to ensure that the case is dealt with expeditiously and fairly.

An Acknowledgement of Service is a document that must be filed once the Defendant is delivered with the Particulars of Claim to confirm that they have received the Particulars of Claim. The Acknowledgement of Service could be filed and served along with the response or separately.

The Defendant has 14 days from the date on which the Claimant served their Particulars of Claim.

The Defence can be filed and served alongside the Acknowledgement of Service. It can also be filed and served separately. If it will be filed separately, the Acknowledgement of Service must be within 14 days from the date of which the claimant served their Particulars of Claim and the Defence must be filed within 14 days from the date on which the Acknowledgement of Service was filed and served. Filing and serving separately will give the Defendant 28 days to file their Defence.

The Defendant has three ways of responding to the claim. The first is admitting to the claim. This will be where the Defendant admits that they owe money or some other compensation to the Claimant and makes arrangements to pay. The second is partly admitting to the claim. This will be where the Defendant admits that they owe money or some other compensation to the Claimant but not the full amount claimed. The third is defending the claim. This is where the Defendant denies that they owe money or some other compensation to the Claimant.

A Defendant must not ignore the Particulars of Claim as the Claimant can apply to obtain a judgment in their favour. This is referred to as ‘Judgment in Default’. The judgment may mean that the Defendant is ordered to pay the whole amount that was claimed by the Claimant.

After the Acknowledgement of Service is filed and served, the Defendant must file their response. Their response could be an Admission to the whole or part of the claim. Their response could be a Defence denying the whole claim. Their defence could be accompanied by a Counterclaim claiming for money or other non-money compensation from the Claimant.

The Acknowledgement of Service must be signed by the Defendant or the Defendant’s legal representative. If the Defendant is a company or other corporation, a person holding a senior within the company or corporation must sign the acknowledgement of service and state the position they hold within the company. A person holding a senior position in a company or corporation will be the director, treasure, secretary, chief executive, manager or other officer of the company or corporation. If the corporation is not registered, a person holding a senior position could also be the mayor, chairman, president, town clerk or similar officer of the corporation. If the Defendant is a partnership, service must be acknowledged by all the persons who were partners at the time when the event that claim happened. The Acknowledgement of Service may be signed by any of those partners or by any person who is authorised by those partners to sign it. If the Defendant is a child or a property party, the Acknowledgment of Service can be signed by their litigation friend# or their legal representative unless the court orders otherwise.

Being served means delivering a legal document such as a Claim form or Particulars of Claim on the other party and bringing the document to the other party’s attention.

The Acknowledgement of Service can be filed by emailing the court. The Defendant will still need to comply with any rule or Practice Direction. The Defendant may need to pay a fee to file the Acknowledgement of Service by email.

Form N9 can be found on the government website. Form N9 can be used by the Defendant to respond to a Claim Form. Form N9 is part of the Response Pack which also includes forms for admission and forms for defence and counterclaim.

A litigant in person is an individual or a person representing a company or organisation who has to go to court without legal representation from solicitor or barrister. A litigant in person may obtain legal help without charge from an advice centre or law centre. A litigant in person conducts the proceedings by themselves.

A person can legally represent themselves at court without a solicitor or barrister.

Right of the audience is the right to appear in court and to conduct the litigation. Generally, barristers, solicitors and other authorised individuals have the rights of audience. If someone who is part of a proceedings does not have legal representation, they can represent themselves and conduct the proceedings by themselves.

A person will not be penalised for presenting themselves at court. The court will be aware that the person is representing themselves at court so will ensure that they are placed on equal footing to the other party.

A McKenzie friend is someone who can help and advise the person self representing. They may provide assistance by providing emotional and moral support, take notes during the hearings and ensure the person self representing understood what happened during the hearing. The Mckenzie friend could be someone who has some legal experience or no legal experience at all.

The person self-representing is free to get legal advice from a solicitor. They will still be self-representing if they continue to conduct the procedural aspects of the litigation without the help of a solicitor. The person will be self-representing if they represent themselves at the hearing.

The court will be aware that the person is self representing. The court will take steps to ensure that the person self-representing is not disadvantaged by their lack of legal representation and aim to place the person self-representing on the same footing as the other party.

There are different types of McKenzie friends. McKenzie friends who have a personal connection with the self representing party are unlikely to charge a fee. Professional McKenzie friends with expertise in court proceedings and legal experience are more likely to charge a fee for acting as the McKenzie friend.

The self representing party could research the area of law that is involved in their case using online resources and the library. The self representing party could research how the Civil Procedure Rules applies to cases and what they will need to do to ensure that they are complying with them. They could research what will happen during hearings. They could obtain some legal advice from organisations that offer free legal advice. They should try to settle the case outside of court to avoid going to court altogether. They should prepare any evidence they will be relying on at the hearing. If there are any witnesses in the case, they must prepare the witnesses.

There are no different rules for someone who represents themselves at court. They must follow the Civil Procedure Rule. The Court will however be aware that the person is representing themselves at court and will ensure that they are placed on equal footing with the other party.

Pre-action protocol refers to the steps the court will expect the Claimant and the Defendant to have taken to resolve the claim outside of court before commencing the claim at court. This includes the Claimant sending a pre-action letter, the Defendant sending a response to the pre-action notice, the Claimant and Defendant exchanging relevant information and documents and the Claimant and Defendant assessing whether they can use alternative dispute resolutions instead of going to court. The steps within the pre-action protocol will differ depending on the type of claim it is.

Following the pre-action protocol will allow the party to understand each other's position and make decisions about how to proceed. Exchanging information and discussing might help the parties settle without going to court. The pre-action protocol will allow them to consider whether using an alternative dispute resolution will help them resolve their dispute. Following pre-action protocol will support the efficient management of the proceedings by narrowing the issues that are still in dispute and will reduce the overall costs of resolving the dispute.

If the pre-action protocol is not completed, the court may stay (pause) the proceedings until the pre-action steps are all completed. The court can, instead of staying the proceedings, apply a sanction against the person who did not complete the pre-action steps. The court also has the discretion to ignore that the pre-action protocol was not fully completed.

The letter should include the name and address of the Claimant, the basis on which the claim is made, a summary of the facts, what the Claimant wants from the Defendant and a deadline for the Defendant’s reply.

A Part 36 offer is an offer made by either the Claimant or the Defendant to settle the claim early without the matter being taken through a final hearing. If the Part 36 offer is accepted by the other party and they do not receive a favourable decision at trial, they will need to pay the other party’s costs. The court can also apply penalties for refusing to accept an offer when they ought to have accepted it.

If Part 36 offer is refused, the party refusing the offer is at risk of having to pay the other party’s costs. If, at the final hearing, the party who refused the offer gets a less favourable decision and the decision is less beneficial than what was offered through the Part 36 offer, they will need to pay the other party’s costs.

The Part 36 offer should make it clear that the offer is a Part 36 offer. The offer should state the period which the other side will be liable for costs. The period should be 21 days or more. The offer should state whether the offer is in relation to the whole of the claim or part of the claim. The offer should also state whether it takes into account any counterclaim made by the Defendant.

A without prejudice save as to costs offer is an offer on the costs in the case that cannot be referred to in court. After the judge has decided on the final judgment, the offer can be referred to when considering costs.

A without prejudice offer is an offer for settlement that cannot be referred to in court at all. The offer cannot be referred to when considering costs either.

An open offer is an offer for settlement that can be referred to in court. An open offer can be used to demonstrate to the court that the party making the offer attempted to settle.

Particulars of Claim is a document where the Claimant provides details of their claim such as on what basis they are bringing the claim. The Particulars of Claim will also include a statement of facts which will outline what happened between the parties and why the claimant is making a claim in court.

In brief, the Particulars of Claim should have a heading with the title of proceedings which should state the number of proceedings, the court or division where the proceedings are taking place, the full name of parties and the status of the parties. It should also contain a statement of facts of the case. If the Claimant is seeking interest, aggravated or exemplary damages, or provisional damages, a statement to that effect and on what basis the damages are being claimed. It should also contain a short summary if it is longer than 25 pages. The Particulars of Claim should also include a statement of truth and attachments of relevant documents.

Alongside the requirements for Particulars of Claims, it should also include the Claimant’s date of birth, brief details of the Claimant’s personal injuries, an attachment of a schedule for details of any past and future expenses and losses which is being claimed and if the Claimant is relying on a medical practitioner’s evidence, an attachment of a report from the medical practitioner about the personal injuries.

There are no limits as to how long the Particulars of Claim can be but if the Particulars of Claim is longer than 25 pages, the Claimant must include a short summary of the Particulars of Claim.

The Claim Form with the Particulars of Claim will be served on the Defendant by the court unless the court orders or directs that it should be served by the Claimant. The Claimant must serve the Claim Form to the Defendant within 4 months from the date when the Claim Form was issued or 6 months if the Defendant is not within England and Wales. If the Claimant does not include the Particulars of Claim in the Claim Form, the Claimant must serve the Particulars of Claim to the Defendant within 14 days of service of the Claim form and within 4 months of the issue of the Claim Form or within 6 months if the Defendant is not within England and Wales.

The Claimant must serve the Claim Form to the Defendant within 4 months from the date when the Claim Form was issued or 6 months if the Defendant is not within England and Wales. If the Claimant does not include the Particulars of Claim in the Claim Form, the Claimant must serve the Particulars of Claim to the Defendant within 14 days of service of the Claim form and within 4 months of the issue of the Claim Form or within 6 months if the Defendant is not within England and Wales.

The Claimant can personally serve a Particulars of Claim. They can also send it by first class post, by document exchange, by another service which provides delivery on the next business day, by Fax or other electronic means or any other method which is authorised by the court.

If the Defendant is a company, the Particulars of Claim must be served on a person holding a senior position in the company. A person holding a senior position in a company or corporation will be the director, treasure, secretary, chief executive, manager or other officer of the company or corporation. If the Defendant is a partnership, it can be served on a partner or a person at the time of service has control or management of the partnership at its principal place of business.

The Particulars of Claim must be served to the Defendant or the person who is to be served with it. If the Defendant has specified their solicitor’s address in writing and the Defendant’s solicitor has informed the Claimant in writing that they are to accept service, the Claimant must serve the Particulars of Claim to the Defendant’s solicitor.

If the Defendant’s address or the Defendant’s solicitor’s address is unknown, the Claimant must take reasonable steps to find the Defendant’s current address. If the Defendant is an individual, the Particulars of Claim can be served at the Defendant’s usual or last known address. If the Defendant is a company, the Particulars of Claim can be served at the principal office, the registered office, a place with real connection to the claim or the last known place of business. The Particulars of Claim can also be served on someone who holds a senior position within the company.

Witness statement is a written document that contains an honest account and record of the witness’s knowledge of the facts relevant to the issues in the claim.

In brief, the witness statement should contain the full name and the witness’ place of residence or if the witness is making a statement in their professional, business or other occupational capacity, the address at which they work and the position they hold and their employer. It should contain the witness’s occupation or a description of their occupation, whether they are party to the proceedings or they are the employee of the party and the process by which the witness statement was prepared. The statement should indicate that the statements were made from the witness’s own knowledge. If the statement contains information from other sources, it should include who or what the source is. Where a witness refers to an exhibit, they should state, “I refer to the (description of the exhibit) marked ‘...’”. The statement should end with a statement of truth.

The witness statement should be produced on durable quality A4 paper with a 3.5cm margin. The statement must be fully legible and typed on one side of the paper only. The statement should be bound securely in a manner which would not hamper the filing. If it cannot be bound, each page should be endorsed with the case number and should have the initials of the witness. The pages should be numbered consecutively as a separate statement (or as one of several statements contained in a file). The statement should be divided into numbered paragraphs. All numbers contained within the statement, such as the dates, should be expressed in figures. If the statement mentions or refers to any other document, a reference to the document should be mentioned in the margin or in bold text in the body of the statement. The statement should be drafted in the witness’s own language in first person.

If the witness is not formatted correctly, the court may refuse to admit it as evidence and may refuse to allow the costs arising from its preparation. The party can apply to the court for permission to file the defective witness statement in order to rely on it.

A statement of truth confirms that the witness who wrote the statement believes the facts stated within the document are true and accurate.

If the witness statement is in a foreign language, the party who is relying on it must have it translated and file the foreign language witness statement with the court. The translator must sign the original statement and certify that the translation is accurate.

The witness can refer to other documents within their witness statements. They will, however, need to give the reference to any document within the margin or in bold text in the body of the statement. If they refer to a document within the witness statement, they may need to disclose the document to the other party.

The purpose of a witness statement is to provide written evidence to support a party’s case that can be used at court.

The witness statement should not have any inadmissible, irrelevant opinion, submissions or speculations. The witness statement should merely contain a record of the events that occurred to the best of the witness’s knowledge and perspective. A witness, who is not an expert witness, should not provide opinions on the case as if they were an expert witness. A witness statement should not contain any arguments against the other party. The witness statement should contain the witness’s own version of the events, it cannot include other people’s version of events. The witness statement should be from the witness’s direct knowledge.

The witness can attend court to provide oral evidence in which they could be cross-examined by the other party. If the witness does not attend the court hearing to provide oral evidence, the witness statement will be considered hearsay and will not be given as much weight.

Group or collective court action is when a group of claimants bring a court action against a Defendant. The Defendant is usually a company or corporation. A group litigation can also be brought against multiple different Defendants.

A group litigation order is the main case management order which contains directions, issues managed under the group litigation order and the court which will manage the claims on the group register.

A group litigation order contains directions about creating a group register on which the claims managed under the group litigation order will be entered. The group litigation order will specify the issues which will identify the claims to be managed as a group under the group litigation order and specify which court will manage the claims on the group register.

A party can obtain a group litigation order by filing an application notice with the court. The applicant notice must be made to the court or hearing centre where the claim was issued or if the claim has already been transferred, to the court or hearing centre it was transferred to. An application can be made any time, before or after proceedings have commenced.

An application notice should include a summary of the nature of the litigation, the number and nature of claims already issued, the number of parties likely to be involved and the common issues of fact or law that are likely to arise in the litigation.

The cut-off is the final date in which a claim can be added to the Group Register. Once the cut-off date has passed, a claim can only be added with the permission of the court.

Once the court makes a group litigation order, a managing judge will assume responsibility over the claim. Every claim in a case entered in the Group Register will be allocated to the multitrack unless the court orders otherwise. Any management directions that have already been given other than by the management court will be set aside. The court will vacate any hearing date already fixed otherwise than for the purpose of the group litigation.

A group litigation order will be made in the county court with the consent of the Head of Civil Justice. A group litigation order will be made in the Queen’s Bench Division with the consent of the President of the Queen’s Bench Division. A group litigation order can be made in the Chancery Division with the consent of the chancellor of the High Court.

The court can make a group litigation order without an application from the parties if there is or there is likely to be a number of claims giving rise to group litigation order issues.

A claimant must make an individual claim before the cut-off date to join a group litigation claim using a Claim Form N1 in order to be added as a claimant on a group litigation order. Claim Form N1 can be found on the government website.

A claim will be allocated to the small claims track if the claim is for a value below £10,000. A personal injury claim with a value below £10,000 and a value for damages for injuries below £1,000 will be allocated to the small track.

A claim from a tenant of a residential premise against their landlord will be allocated to the small claims track provided that the claim meets certain qualifications. The qualifications are that the tenant is seeking an order for the landlord to carry out repair or other works to the property, the cost of the repair/work is below £1,000 and the value of any other claim for damages is below £1,000.

A claim for harassment or unlawful eviction cannot be allocated to the small claims track.

A party in a small claims track may represent themselves or instruct a solicitor or barrister to represent them. They can also instruct a non-legally qualified person to represent them. Usually parties in a small claims track represent themselves. The small claims are, therefore, heard before a District judge or a Circuit judge in the Judge’s chambers (office) and not in the courtroom. There is no strict rule of evidence and the hearings are more informal. The parties will only need to disclose the document they intend to rely on.

The directions questionnaire will allow the parties to provide the court with more information to help it decide which track the claim should be allocated to.

A notice of proposed allocation will state the track the court is provisionally allocating the claim to. The notice will also specify things the parties need to do. The notice will require the parties to file the completed directions questionnaire and serve it on the other parties. The notice will inform the parties on how to obtain a directions questionnaire.

The directions questionnaire must be filed within 14 days of receiving the notice of proposed allocation.

The court will give standard directions and fix a final date for the hearing. The court will give special directions and direct that the court will consider what further directions are to be given no later than 28 days after the date the special directions were given. The court will fix a date for a preliminary hearing and give the parties at least 21 days notice of the hearing unless the parties agree to accept less notice.

Standard direction will direct the parties to file and serve on every other party copies of all the documents that will be relied on at the hearing at least 14 days before the final hearing. Standard directions may also require the parties to complete further actions. Standard directions will also direct the parties on what they will need to do for the final hearing.

Claims can be dealt with without a hearing. The court will give notice that it proposes to deal with the claim without a hearing. If the proposal is agreed to by both parties, the claim will be decided without a hearing. The parties can also agree for the claim to be decided without a hearing but they will lose the right to set aside the judgment given by the court in their absence.

Practice Directions provide further explanation and detail on the Civil Procedure Rules. Not all Civil Procedure Rule has a Practice Direction accompanying it. Practice Directions provides more guidance to the Claimant and Defendant on how they can best follow the Civil Procedure Rule it is accompanying.

The purpose of the Practice Directions is to provide further guidance to parties on how they can follow the Civil Procedure Rules. It provides further information on any flexible Civil Procedure Rules. Like the Civil Procedure Rules, the underlying aim of the practice directions is to deal with cases fairly and efficiently.

Practice directions themselves are not legally binding but the rules they are attached to or accompanying will be legally binding. Not complying with a Practice Direction is likely to be a noncompliance of the Civil Procedure Rules.

Civil Procedure Rules are a legal requirement within almost all civil cases. The Claimant and the Defendant must follow the rules within the Civil Procedure Rules. If they do not follow the Civil Procedure Rules, the court could apply penalties, fines, confiscation of assets or other punishable orders.

Not all Civil Procedure Rules are accompanied by a Practice Direction.

Civil Procedure Rules are the rules that govern civil cases in England and Wales. The Civil Procedures sets out the standards and procedures that apply to every civil hearings.

If the non-compliance is also a non-compliance of Civil Procedure Rule, the court may apply sanctions or cost implications for not following the Civil Procedure Rules . If the non-compliance did not affect the case or delay it, the court may ignore the non-compliance. The non-compliance could also mean that the other party could get a judgment in default. A judgment in default can be set aside only if the other party has a reasonable excuse for defaulting.

Pre-action protocol refers to the steps the court will expect the Claimant and the Defendant to have taken to resolve the claim outside of court before commencing the claim at court. This includes the Claimant sending a pre-action letter, the Defendant sending a response to the pre-action notice, the Claimant and Defendant exchanging relevant information and documents and the Claimant and Defendant assessing whether they can use alternative dispute resolutions instead of going to court. The steps within the pre-action protocol will differ depending on the type of claim it is.

Practice Directions apply to all civil hearings.

Practice Directions only apply to civil hearings. There are particular Practice Directions for specific types of cases. The specific types of cases are cases involving EU competition law, insolvency law, directors disqualification proceedings, civil recovery proceedings, application for a warrant under the Enterprise Act 2002, proceedings under enactments relating to equality, county court closures, solicitors’ negligence in right to buy cases and devolution issues. There are also specific Practice Directions relating to the Welsh language.

A claim will be allocated to the fast claims track if it is valued between £10,000 to £25,000 and is likely to last no longer than 1 day (5 hours) and with oral expert evidence limited to 1 expert per party and 2 expert fields.

A party in the fast claims track may represent themselves or instruct a solicitor or barrister to represent them.

The directions questionnaire is a questionnaire that the Claimant and the Defendant must complete to provide more information on the claim. The directions questionnaire will also ensure that the case is allocated into the right track.

The notice of proposed allocation will state the track the court is provisionally allocated the claim to. It will also specify what the Claimant and Defendant will need to do and will require them to complete and file the directions questionnaire at court. The directions questionnaire will also need to be served on the other parties to the claim. The notice of proposed allocation will also inform the parties on how to obtain a directions questionnaire.

The parties must file and serve their directions questionnaire within 28 days of receiving the notice of proposed allocation.

Once the directions questionnaire has been filed, the court will allocate the claim to the fast claims track. The court will give directions and set a timetable between the date of the directions and the trial date or may fix a case management conference, pre-trial review or both. The court will fix the trial date or the period in which the trial is to take place as soon as practicable.

Standard disclosure will require the party to disclose documents which they will rely on, documents which will adversely affect their case. documents which will adversely affect another party’s case, documents which will support another party’s case and documents which they are required to disclose due to a Practice Direction.

A case management conference is an initial hearing which enables the court to identify and understand the issues in the case. At the case management conference, the court may identify and narrow down the issues, identify evidence, review steps already taken by the parties,# give directions before the trial and fix a pre-trial review.

The court may approve an agreed directions if the direction sets a timetable by reference to calendar dates, includes the date/period proposed for trial and includes provisions about disclosure, factual evidence and expert evidence. The court may approve the agreed direction or issue its own directions. The parties will be notified of the directions and the case management conference will not take place. If the case management conference is to take place the parties will be notified of the directions 3 days before the case management conference.

A pre-trial checklist is a checklist of things the parties must complete before the trial. The things to be completed could be procedural or things they need to file to support their case. The checklist will check whether the parties have complied with the directions and if not, the parties will need to state when the direction will be complied with. The pre-trial checklist will require the parties to provide further information on their witnesses and the experts they will be relying on. The checklist will require further information on legal representation and the trial itself. The pre trial checklist must be returned no later than 8 weeks before the trial.

The purpose of disclosure is for all the parties of a claim to be aware of each other's position and to provide an open process throughout the proceedings. Disclosure will enable all parties to be disclosed of all the relevant documents the other parties have and assess their position. The transparency may encourage the parties to settle the case outside of court.

Standard disclosure will require the parties to disclose documents which they rely on, documents which adversely affect their case, documents which adversely affect another party’s case, documents which support another party’s case and documents which they are required to disclose due to a Practice Direction.

The parties are only required to disclose documents which they will be relying on at the hearing to the other party.

The disclosure requirement for claims within the fast track and personal injury multi-track claims is standard disclosure unless the court orders others. The court may decide to dispense with or limit standard disclosure. The parties may also agree in writing to dispense with or to limit standard disclosure.

Parties of multi-track claims (excluding personal injury claims) will be required to file and serve a disclosure report verified by a statement of truth no later than 14 days before the case management conference. The parties should try to agree on a proposal in relation to disclosure 7 days before the case management conference. If the parties agree on a proposal and the court considers the proposal appropriate, the court may approve the proposal without a hearing and give directions. If not, at the case management conference the court will make a disclosure order. The parties will need to follow their proposal for disclosure or the disclosure order made by the court.

The disclosure report should describe briefly what documents exist or may exist that are or may be relevant to the matters in issues in the case, describe where and with whom those documents are or may be located and describe how electronic documents are stored. The report should estimate the broad range of costs that could be involved in giving standard disclosure in the case including costs of searching for and disclosing any electronically stored documents. The report should also state which type of disclosure order is sought by the party.

Any disclosed document should only be used in proceedings it was disclosed in. The first exception to this is if the document was read or referred to in open court in public. However, even if it was read out in open court in public, the court may restrict or prohibit the use of the document following an application by a party or the individual the document belongs to. The second exception is if the court gives permission for the use of the document, it can be used in other proceedings. The third exception is if the party disclosing the document and the person the document belongs to agree to it being disclosed in other proceedings.

An order for specific disclosure is an order that a party must do one or more of the following: disclose the document or classes of documents specified in the roder, carry out a search to the extent stated in the order and disclose any documents located as a result of that search.

An order for specific inspection will require the party to permit the inspection of a document which they have not permitted to inspect because it would be disproportionate to do so.

The party has the right to withhold inspection due to legal advice privilege between a lawyer and their client provided that the document is confidential, was written in professional capacity and for legal advice purposes. The party has the right to refuse due to litigation privilege if the document was between lawyer and client or third party where the document was made for use in pending contemplated or existing litigation or the main purpose of the document at the time it was created was for use in the current proceedings. The party will have the right to refuse if without prejudice principles are applicable to the document.

The party can refuse inspection if the document is no longer in their control. The party can refuse if allowing the party to inspect the document would be disproportionate to the issues in the case. The party can refuse if permitting the inspection of the document would be against the privilege against self incrimination which exempts an individual from providing a document that might expose them to criminal proceedings.

Parties can apply to the court against a person who is not party to the proceeding for a document to be disclosed when the proceedings have started, the document is likely to support their case or adversely affect another party's case and disclosure is necessary to conclude the case fairly and save costs.

The Particulars of Claim will provide detailed information on all the allegations and claims the Claimant is making. It will also include a detailed statement of facts of the case. The Defendant will need to respond to the allegations and the facts stated within the Particulars of Claim within their Defence.

The Defendant has three ways of responding to the Particulars of Claim. The first is admitting to the claim. This will be where the Defendant admits that they owe money or other compensation to the Claimant and makes arrangements to pay. The second is partly admitting to the claim. This will be where the Defendant admits that they owe money or other compensation to the Claimant but not the full amount claimed. The third is defending the claim. This is where the Defendant denies that they owe money to the Claimant. The Defendant could also include a Counterclaim within their Defence. The Counterclaim will be a claim against the Claimant for money or other compensation.

The Defendant can respond online using the Money Claims Service website. This can only be used if the Claimant has claimed online.

The Defendant has 14 days from the date on which the Claimant served their Particulars of Claim to file and serve their Acknowledgement of Service or their Defence. If they file and serve an Acknowledgement of Service, they will have 14 days from the date of the Acknowledgement of Service to file their Defence. In total, the Defendant could have 28 days to file and serve their Defence.

The Claimant and Defendant can agree for the time for filing and serving a Defence to be extended for up to 28 days. If it is agreed, the Defendant must inform the court in writing. If the Claimant or the Defendant wants to extend the time further than the 28 days, they must apply to the court.

The Defence should contain which allegations they deny, which allegations they admit to, which allegations they are unable to admit or deny and the Defendant's version of the events. The Defendant will need to go through the Claimant’s Particulars of Claim sentence by sentence and state whether they admit or deny the sentence or are not able to admit or deny the sentence.

The Defendant can agree or dispute the medical report and/or the schedule of expenses and losses. The Defendant can also agree partially to the medical report and/or the schedule of expenses and losses and dispute the other parts. The Defendant can also neither agree nor dispute the medical report and/or the schedule of expenses and losses but state they have knowledge of the matters included within the medical report and/or the schedule of expenses and losses.

A Defendant must not ignore the Particulars of Claim as the Claimant can apply to obtain a judgment in their favour. This is referred to as ‘Judgment in Default’. The judgment may mean that the Defendant is ordered to pay the whole amount that was claimed by the Claimant.

An Acknowledgement of Service is a document that must be filed once the Defendant is delivered with the Particulars of Claim to confirm that they have received the Particulars of Claim. The Acknowledgement of Service could be filed and served along with the response or separately.

The form the Defendant should use will depend on how the Defendant wants to respond to the claim. The Defendant must file and serve an acknowledgement of service using Form N9 Response Pack. If the Defendant will be admitting to the claim and the claim was for a specified amount, the Defendant will need to complete and file the Form N9A Admission (specified amount). If the claim was for an unspecified amount, non-money asset or for the return of goods, the Defendant will need to complete and file the Form N9C Admission (unspecified amount, non-money and return of goods claims). If the Defendant is defending the claim and the claim was for a specified amount, the Defendant will need to complete and file the Form N9B Defence and Counterclaim (specified amount). If the claim was for an unspecified amount, non-money asset or for the return of goods, the Defendant will need to complete and file the Form N9D Defence and Counterclaim (unspecified amount, non-money and return of goods claims). The forms can be found on the government website.

Court jurisdiction refers to which court has the power to hear and decide on a claim. Jurisdiction has two aspects: territorial jurisdiction and the court’s power to try a claim. The first is based on the location where the dispute began or took place and where the parties are located. The second is based on which court will be able to decide on a case depending on the value of the claim and the complexity of the case.

If the claim is for money more than £100,000, it will be heard in the High Court. A case can also be heard at the High Court if the financial value of the claim and the amount in dispute is very high. If the facts, legal issues, remedies and procedures involved in the case are complex, the case will be heard at the High Court. If the outcome of the claim holds particular importance to the public in general, it will be heard at the High Court. If the claim for personal injury is more than £50,000, it will be heard at the High Court.

If the claim is for money less than £100,000 or if the case is not complex and does not hold public importance, it will be heard by the County Court. If the claim is for personal injury less than £50,000, it will be heard at the County Court.

A claim for personal injury that is more than £50,000 will be heard at the High Court. A claim that is less than £50,000 will be heard at the County Court.

If a case is started in the wrong court, the case will be transferred to the correct court. The court also has the power to strike out the claim.

Territorial jurisdiction is based on whether a court within a particular location has the power to hear the case. This can depend on where the dispute took place and whether parties are located and carry on their business.

Jurisdiction does not determine which law will be applicable to a case. Jurisdiction merely determines which court will hear the case and the procedural rules that will apply to the management of the case. A case can be heard in one country but can apply a different country’s laws.

A party can apply to the court for an order declaring that the court has no jurisdiction or should not exercise any jurisdiction to hear a dispute between the parties. This will prevent the other party from claiming at that particular court or carrying on the case at that location.

A contract or agreement may contain a jurisdiction clause. The jurisdiction clause will determine, where there is a dispute, which court will have jurisdiction over the case.

The courts in England and Wales have power to try cases in relation to disputes in England and Wales and any part of the territorial waters of the United Kingdom adjoining England and Wales.

Serving a document means delivering a document to the other party and bringing the other party's attention to the document.

A document can be served personally by leaving the document with the individual who is to be served with it. If the other party is a company, the document can be delivered to a person holding a senior position in the company. If the other party is a partnership, the document can be delivered to a partner or a person who at the time of service has control or management of the partnership at its principal place of business.

A party can serve a document to the other party by personal service, sending it by first-class post, sending it by document exchange, sending it through another service which provides delivery the next business day, sending it by fax or other electronic means or any other method authorised by the court.

The document must be served at the address provided by the other party or the address for the other party’s legal representative. If the legal representative is to be served with the document, the other party should provide the legal representative's address and the legal representative should notify the party that they are instructed to receive the document in writing. The document must be served to a business address within the United Kingdom if it is a legal representative receiving the document. If the other party will be receiving the document, the party must send the document to an address within the United Kingdom at which the party resides or carries on business.

The party who prepared the document should serve the document. If the Practice Direction provides that the court will serve the document or where the court orders for the document to be served by it, the document will be served by court.

If it was personally served on a business day before 4:30pm, it will be deemed to be served on that day. If it was not served on a business day or before 4:30pm, it will be deemed to be served on the next business day.

Deemed service will be the second business day it was posted. If it was not served on a business day, it will be deemed to be served on the next business day.

Deemed service will be the second business day. If it was not served on a business day, it will be deemed to be served on the next business day after the second day.

If it was sent on a business day before 4:30pm, it will be deemed to be served on that day. If it was not sent on a business day or before 4:30 pm. It will be deemed to be served the next business day.

If the other party’s address or the other party’s solicitor’s address is unknown, the party must take reasonable steps to find the other party’s current address. If the other party is an individual, the document can be served at the other party’s usual or last known address. If the other party is a company, the document can be served at the principal office, the registered office, a place with real connection to the claim or the last known place of business. The document can also be served on someone who holds a senior position within the company.

A pre-action notice is a letter that invites the other party to resolve the dispute. The letter will be written with the intention that if the letter is not followed and the dispute is not resolved, the Claimant will make a claim at court.

Pre-action Conduct and Protocol refers to the steps the court will expect the Claimant and the Defendant to have taken to resolve the claim outside of court before commencing the claim at court. This includes the Claimant sending a pre-action notice, the Defendant sending a response to the pre-action notice, the Claimant and Defendant exchanging relevant information and documents and the Claimant and Defendant assessing whether they can use alternative dispute resolutions instead of going to court. The steps within the pre-action protocol will differ depending on the type of claim it is.

Following the pre-action protocol will allow the party to understand each other's position and make decisions about how to proceed. Exchanging information and discussing might help the parties settle without going to court. The pre-action protocol will allow them to consider whether using an alternative dispute resolution will help them resolve their dispute. Following pre-action protocol will support the efficient management of the proceedings by narrowing the issues that are still in dispute and will reduce the overall costs of resolving the dispute.

The notice should include the name and address of the Claimant, the basis on which the claim is made, a summary of the facts, what the Claimant wants from the Defendant and a deadline for the Defendant’s reply.

The Defendant should respond to the pre-action notice within 14 days. If the case is more complex, the Defendant should respond to the pre-action notice no later than 3 months from the pre-action notice.

If the pre-action protocol is not completed, the court may stay (pause) the proceedings until the pre-action steps are all completed. The court can, instead of staying the proceedings, apply a sanction against the person who did not complete the pre-action steps. The court also has the discretion to ignore that the pre-action protocol was not fully completed.

The Claimant should send a pre-action notice to attempt to resolve the issue outside of court as this would save costs. Sending a pre-action notice will also prevent any delays as if the claimant claims at court without a pre-action notice, the court can stay the proceedings until the pre-action notice has been sent. Sending a pre-action notice can help the Claimant and the Defendant narrow down the issues that are in dispute. By sending a pre-action notice, they will be complying with the pre-action protocols and will avoid sanctions.

The pre-action notice is a legal requirement as it is required within the pre-action protocol. If the Claimant does not comply, the court may apply a sanction or stay the proceedings so that the Claimant can send the pre-action letter.

The pre-action notice can be sent by email. The Claimant must send the notice with the intention of resolving the dispute so they must ensure that they send the pre-action notice using the communication method on which the Defendant is likely to receive it promptly and respond within the deadline.

The Claimant should communicate with the Defendant with the intention of resolving the dispute. If this requires the Claimant and Defendant to disclose documents and information with each other, they must do so. The Claimant and the Defendant do not need to disclose any documents that are not relevant to the dispute.

A witness summon is a document issued by the court which requires a witness to attend court to give oral evidence and/or produce documents to the court on the date fixed for a hearing or any other date as the court may direct.

A party can apply for a witness summon if a witness is reluctant to give evidence at court. The witness summon will compel the witness to attend court to give oral evidence and/or produce documents.

The party will need the permission of the court if they wish to have a summon issued less than 7 days before the date of the trial. The party will need the permission if they wish to have a summon issued for a witness to attend court to give evidence or to produce documents on any date except the date fixed for the trial or for a witness to attend court to give evidence or to produce documents at any hearing except the trial.

The party can use the Form N20 to apply for a witness summon to be issued. Two copies of the summon must be filed so that one of the copies can be served to the person who is to be summoned.

The court usually served the witness summon. The party on whose behalf the witness summon is issued can, however, indicate in writing when asking the court to issue the summon that they wish to serve it. The party can, then, serve the witness with the witness summon.

If the witness summon is served at least 7 days before the date on which the witness is required to attend before the court or tribunal, the general rule is that the witness summon is binding. The court may direct that a witness summon shall be binding even if the witness summon is to be served less than 7 days before the date on which the witness is required to attend before the court or tribunal. The witness summon will be binding until the conclusion of the hearing at which the witness will attend to provide evidence.

If a witness fails to comply with a witness summon, the County Court may impose a fine. If the witness can demonstrate a good reason why they should not be fined, the court may direct that the witness give evidence by a witness statement, affidavit or in another way as the court may direct.

If a witness fails to comply with a witness summon from the High Court, they will be held in contempt of court and they may be fined or imprisoned as a result.

The witness should object to the witness summon as soon as practicable. A witness can object to the witness summon on the grounds that they cannot give or produce evidence being sought or that their duties or rights such as their rights of confidentiality outweighs the issue of the summon.

A party should apply for a witness summon to be issued as soon as they realise that the witness is reluctant to attend the hearing. The witness summon, in order for it to be automatically binding, must be served at least 7 days before the the date on which the witness is required to attend before the court or tribunal.

Claims with a value over £25,000 are allocated to multi-track. Claims that cannot be dealt with in small track and fast track are also allocated to the multi-track. Cases that are allocated to the multi-track tend to be more complex.

The directions questionnaire is a questionnaire that the Claimant and the Defendant must complete to provide more information on the claim. The directions questionnaire will also ensure that the case is allocated into the right track. The direction questionnaire will require the Claimant and the Defendant to provide information on the details of witnesses they are intending to rely on at trial, evidence and details on the claim itself. The parties will have 28 days from receiving the notice of proposed allocation to file and serve their directions questionnaire.

The notice of proposed allocation will state the track the court is provisionally allocated the claim to. It will also specify what the Claimant and Defendant will need to do and will require them to complete and file the directions questionnaire at court. The directions questionnaire will also need to serve on the other parties to the claim. The notice of proposed allocation will also inform the parties on how to obtain a directions questionnaire.

Once the court receives the directions questionnaire, the court will allocate the claim to the multi track. The court will, then, give directions and set timetables between the date of directions and the trial date or the period in which the trial is to take place. When the court fixes a trial date or period, the parties will be notified of the date or period and the court will specify the date by which the parties must file a pre-trial checklist. The court may fix a case management conference, a pre-trial or both.

parties must file and exchange budgets for the claim. The budget includes the costs that are incurred during the proceedings. The budget will be in the form of Precedent H annexed to Practice Direction 3E. If the value of the claim is less than £50,000, the budget must be filed with the directions questionnaire. If the value is more than £50,000, the budget should be filed no later than 21 days before the case management conference. If the parties file and exchange a budget, the parties should file an agreed budget discussion report no later than 7 days before the case management conference. Any litigants in person will not need to file an agreed judgment discussion report. The budget will be approved or amended at the case management conference. The court will make a cost management order if it is not satisfied that litigation can be conducted justly and at a proportionate cost.

A case management conference is an initial hearing which enables the court to identify and understand the issues in the case. At the case management conference, the court may identify and narrow down the issues, identify evidence, review steps already taken by the parties, give directions before the trial and fix a pre-trial review. At the case management conference, the court will view the budgets submitted by the parties and may order a costs management order. The court will also decide on what will be the appropriate disclosure order for that particular case. It may approve the disclosure proposal the parties provide or amend the proposal or make its own arrangements for disclosure.

Parties of multi-track claims (excluding personal injury claims) will be required to file and serve a disclosure report verified by a statement of truth no later than 14 days before the case management conference. The parties should try to agree on a proposal in relation to disclosure 7 days before the case management conference. If the parties agree on a proposal and the court considers the proposal appropriate, the court may approve the proposal without a hearing and give directions. If not, at the case management conference the court will make a disclosure order. The parties will need to follow their proposal for disclosure or the disclosure order made by the court.

For personal injury multi track claims, the usual direction is standard disclosure unless the court orders otherwise. The court may decide to dispense with or limit standard disclosure. The parties may also agree in writing to dispense with or to limit standard disclosure.

The disclosure report should describe briefly what documents exist or may exist that are or may be relevant to the matters in issues in the case, describe where and with whom those documents are or may be located and describe how electronic documents are stored. The report should estimate the broad range of costs that could be involved in giving standard disclosure in the case including costs of searching for and disclosing any electronically stored documents. The report should also state which type of disclosure order is sought by the party.

A pre-trial checklist is a checklist of things the parties must complete before the trial. The things to be completed could be procedural or things they need to file to support their case. The checklist will check whether the parties have complied with the directions and if not, the parties will need to state when the direction will be complied with. The pre-trial checklist will require the parties to provide further information on their witnesses and the experts they will be relying on. The checklist will require further information on legal representation and the trial itself. The pre trial checklist must be returned no later than 8 weeks before the trial.

Cost management applies to all claims within the multi-track but there are a few exceptions. Claims that commenced on or after 22nd April 2014 and the amount of money claimed is £10 million or more and/or no full quantification is given, cost management will not apply. Cost management will not apply to claims commenced on or after 6th April 2016 and are made by or on behalf of a person under the age of 18 and even if the child is reaching 18, the exception will continue to apply unless the court orders otherwise. Cost management will not apply to claims that are subject to fixed costs or scale costs or where the court orders that cost management will not apply.

An affidavit is a written statement which is confirmed by oath or affirmation for use as evidence in court. The person giving evidence by the affidavit is called the deponent.

In brief, the affidavit should include the title of the proceedings, the party on whose behalf the affidavit is made, the deponent’s occupation, description of their role and place of work and whether the evidence is given in their professional, business or occupational capacity. The affidavit should state whether the deponent is a party to the proceedings or employed by a party to the proceedings. The affidavit should state which statements within the affidavit are made from the deponent’s own knowledge and which are information from other sources. Information about the other sources must be included. Where the deponent refers to an exhibit in the statement, it should state “There is now shown to me marked ‘...’ the (description of exhibit)”. At the end of the affidavit, there must be a state which authenticates the affidavit.

A Jurat is a statement which authenticates the affidavit. This statement will follow immediately from the text and not follow onto a separate page. The statement should be signed by the deponent and be completed and signed by the person before whom the affidavit was sworn. The person’s name, full address and qualification must be printed beneath their signature.

The affidavit must be produced on durable quality A4 paper with a 3.5cm margin. The affidavit must be fully legible and should normally be typed on one side of the paper only. The affidavit must be bound securely and if this is not possible, each page should be endorsed with the case number and the initials of the deponent and of the person before whom it was sworn. The pages should be numbered consecutively. The affidavit should be divided into numbered paragraphs. Any numbers such as dates should be expressed in figures. Any reference to any document or exhibits should be mentioned in the margin or in bold text in the body of the affidavit.