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Revision sheet
The courts: procedures for negligence cases
Tort Law
The civil courts

The court of first instance – the court that first tries a case
The basic structure:
Initial hearing: County court or High court (QBD)
First appeal: Court of Appeal (Civil division)
Final appeal: Supreme Court

The courts of first instance
Cases are generally heard depending on which track they fit in: small claims, fast track or multi track
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Appeals
Either side of a i il ase a appeal agai st the judge s decision
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These are usuall o pro edural atters or
smaller claims in country court
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The leapfrog procedure can take a case straight from County Court or High court
to the Supreme Court, but this is only used in cases of extreme significance
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The rarel ha ge the trial judge s fi di gs i
fact, as the judge would have seen the it esses behaviour whilst under oath
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e
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The burden and standard of proof
In civil cases the burden of proof in on the C to prove his claim on the balance of probabilities
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The C must prove that it is ore likel tha ot that D
had been negligent (standard of proof)
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There are 2 exceptions to this
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This is where if D has been criminally
convicted of a crime based on the same event, the court will immediately be satisfied that D was
wrongful beyond all reasonable doubt (standard of proof in criminal cases)
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The D would then have the opportunity to prove that he is not negligent, which
would seem impossible given the conviction
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Res ipsa loquitur is the se o d e eptio hi h literall ea s the thi g speaks for itself
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There is a part
test for this
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Res
Ipsa loquitur applied and was satisfied
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Res ipsa
loquitur was satisfied
Pearson v NW Gas Board – D was able to show that there was no negligence so res ipsa loquitur
as t satisfied; i this ase a a as killed due to a e plosio , ut all reaso a le pre autions
were taken and 24 hour emergency service was available
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2) Instruct solicitor: Initial instructions taken; terms of business letter and initial letter of instruction
sent to C
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4) Letter of claim sent to D: Three months to investigate
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If
denies then the matter will proceed in relation to both liability and quantum via court proceedings
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In high value cases
the C and D may instruct their own medical experts
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8) Negotiations
9) If negotiations fail to produce settlement, issue court proceedings
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Fast track: £5000-£25000, trail up to one day, moderately complex cases/
Multi-track: Over £25000, complex cases
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Include personal injuries up to
£1000 which include pain, suffering and loss of amenity
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Fast track
Normal tra k for ases that do t fit i the s all lai s a d are less that £ 5000
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There may be
some complex issues involved
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Multi-track
More complex cases involving more than £25000
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Court proceedings

1) Claim form
2) Particulars of claim: Court Issue Fee (Depends on case value)
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3) Acknowledgement of service
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Court Fee
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7) Disclosure of documents relevant to case held by both parties

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