Civil procedure
The Civil Procedure Act, 1997 provides for the making in England and Wales of CivilProcedure Rules (CPR) governing the practice and procedure to be followed in the civildivision of the Court of Appeal, the High Court and County Courts.The standard method of commencing a claim under the CPR is when the court issues aclaim form prepared for or by the claimant, at the request of the claimant. This form setsout the essential details of the claim, incorporating a concise statement of the nature ofthe cause of action and a statement of the remedy sought. The claimant is also requiredto provide rather fuller particulars of claim which must include a concise statement ofthe facts upon which he or she relies. A copy of the claim form is served on the defendant(respondent) together with a “response pack” containing: a) form of admission, b)form of defence, c) counterclaim form, and d) acknowledgement of service form, i.e.the defendant is expected either to admit, or to defend, or to claim against, as long as heor she responds within a given period. If the defendant does not respond (or does notapply for time extension), the court may decide in favour of the claimant (defaultaction).
1. to depend upon, to have confidence in;
2. to answer, reply;
3. to deliver a legal document to a person;
4. to start or begin;
5. to include, contain, comprise;
6. to give a full account of, explain exactly;
Read the following part and answer the questions:
Is there a similar allocation of civil cases in Bulgaria?
What are the criteria of distribution?
If the court does not dismiss the case, a procedural judge allocates it to one of the threetracks for an appropriate court hearing:
a) small claims track is usually limited to claims not exceeding £5000;
b) fast track is the normal track for claims broadly falling between £5000 and £15,000 andwhich it is estimated will be disposed by a trial that would not normally take more than a day;
c) multi-track is the track that deals with more complex claims with greater monetary value.At all stages the parties are encouraged to cooperate with each other in the conduct of theproceedings. Therefore, the action sometimes includes: a) disclosure, where the claimantreveals to the defence all relevant documents in their possession, b) inspection, where theclaimant reviews the relevant documents held by the defence, and c) exchange of witnessstatements. This is done with a view to help the parties settle their differences quickly andefficiently.
| Version | Utilisateur | Modifié | ||
|---|---|---|---|---|
| 1 | ТАТеодора Атанасова | 18:02 | 9 décembre 2014 |