Unit 10: Bringing a claim

unit-10-bringing-a-claim

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Question 1 of 1

Time Left

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The main civil courts in England and Wales are:

Select the correct answer(s).

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On 1 April 2014, the government created the (....) which has taken over responsibility of consumer credit from the Office of Fair Trading (OFT)

Select the correct answer(s).

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Explanation

On 1 April 2014, the government created the Financial Conduct Authority (FCA) which has taken over responsibility of consumer credit from the Office of Fair Trading (OFT). The FCA has a statutory duty to cap the cost of payday loans pursuant to the Financial Services (Banking Reform) Act 2013

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Which Court? Maximum figure of £50,000 when making a claim for personal injury.

Select the correct answer(s).

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Which Court? A claim for damages or a specified sum, such as an outstanding debt, cannot be for more than £100,000.

Select the correct answer(s).

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Law that were implemented on 22 April 2014 by The High Court and County Court Jurisdiction (Amendment) Order 2014 (SI 2014/ 821) which increased the figure from £25,000 up to a maximum of £100,000 for a claim for money (but this does not apply to a claim for personal injury) and they must now commence in the:

Select the correct answer(s).

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A claim in either the County Court or the High Court must be brought within a specific time frame. This is governed by the Limitation Act 1980, which stipulates that a claim must commence within a reasonable time of the cause of the action arising.

Match the text (click and drag)

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Match the text
Personal injury
Contract claims: Breach of Trust
Recovery of land or land disputes

Click and drag
6 Years
12 Years
3 Years

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540

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(....) provide guidance on how the parties to an action, such as the claimant and defendant, should proceed. Take a look at the Ministry of Justice website (2013a) which briefly explains the purpose of (....), and also explains who makes them and where they apply. You will note from the outline, that the (....) are made by the Lord Chief Justice and later the (....) are approved by the Lord Chancellor. The (....) provide guidance while dealing with the Civil Procedure Rules and apply in the Queen’s Bench, Chancery Division of the High Court and County Court when dealing with litigation.

Select the correct answer(s).

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Process that govern the proceedings, and stipulate how the action should commence and the time frame to respond to each stage of the action.

Select the correct answer(s).

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Explanation

The Civil Procedure Rules (CPR) govern the proceedings, and stipulate how the action should commence and the time frame to respond to each stage of the action. The very first CPR is a statement which outlines the overriding objectives that embody the concept of making sure each individual case is dealt with in a fair and just manner. Take a look at the Ministry of Justice website (2013b) which contains an outline of Part 1 of The Overriding Objectives of the Civil Procedure Rules, 1.1–1.4. It is clear that the underpinning principle is that parties should be subject to fairness and equality, and the parties should ensure they do everything possible to make sure the case runs smoothly. This very last point links with the pre-action protocols, which will be discussed next

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This procedure requires the parties to exchange basic information relating to the case before the parties actually commence any formal court proceedings. These process are compulsory in certain forms of actions, such as personal injury cases, and must be followed.

Select the correct answer(s).

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Explanation

If you have decided to commence an action, it is necessary to consider whether or not the ‘pre-action protocols’ apply. Depending on the nature of your claim you may need to undertake specific pre-action conduct, such as contacting the defendant and making the allegations of the action clear, and answering any questions concerning the main issues in dispute. It is vital that the claimant and defendant adhere to the appropriate pre-action protocol as this will have an effect on the management of the case and if they are not followed may result in a penalty when trying to claim costs. Look at the protocols on the Ministry of Justice website (2013c), which identifies when a pre-action protocol is needed. You may have noted that a claim for a debt in the County Court is not covered by the pre-action protocols, but there is guidance in Practice Direction (PD) 6 and 7.

Unit 10: Bringing a claim

Question 1 of 1

Time Left

The main civil courts in England and Wales are:

Select the correct answer(s).

(0/0)

On 1 April 2014, the government created the (....) which has taken over responsibility of consumer credit from the Office of Fair Trading (OFT)

Select the correct answer(s).

(0/0)

Explanation

Which Court? Maximum figure of £50,000 when making a claim for personal injury.

Select the correct answer(s).

(0/0)

Which Court? A claim for damages or a specified sum, such as an outstanding debt, cannot be for more than £100,000.

Select the correct answer(s).

(0/0)

Select the correct answer(s).

(0/0)

A claim in either the County Court or the High Court must be brought within a specific time frame. This is governed by the Limitation Act 1980, which stipulates that a claim must commence within a reasonable time of the cause of the action arising.

Match the text (click and drag)

(0/0)

Personal injury

Contract claims: Breach of Trust

Recovery of land or land disputes

6 Years

12 Years

3 Years

Select the correct answer(s).

(0/0)

Process that govern the proceedings, and stipulate how the action should commence and the time frame to respond to each stage of the action.

Select the correct answer(s).

(0/0)

Explanation

This procedure requires the parties to exchange basic information relating to the case before the parties actually commence any formal court proceedings. These process are compulsory in certain forms of actions, such as personal injury cases, and must be followed.

Select the correct answer(s).

(0/0)

Explanation

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