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CIVIL PROCEDURE

CIVIL PROCEDURE. LECTURE 14 WEEK 7. CIVIL COURTS . Supreme Court. High Court. Compensation to £30000. Circuit Court. Compensation up to £5000. District court. Family matters. Pay. Pay. Letter of Demand. Letter of Demand . Issue of Writ/Summons. Issue of Writ/ Summons.

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CIVIL PROCEDURE

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  1. CIVIL PROCEDURE LECTURE 14 WEEK 7

  2. CIVIL COURTS Supreme Court High Court Compensation to £30000 Circuit Court Compensation up to £5000 District court Family matters

  3. Pay Pay Letter of Demand Letter of Demand Issue of Writ/Summons Issue of Writ/ Summons Failure Entry of appearance Request for further & better Particulars Judgement Statement of Claim Reply Defence Close of pleadings PLEADINGS

  4. EXCHANGE OF EVIDENCE Discovery Interrogatories Set Down Trial Judgement

  5. LETTER OF CLAIM • At present practice to say very little in letter of claim. • Civil liability and courts Act 2004 requires for personal injury actions: • Letter must be served within two months of cause of action accruing or person becoming aware of cause of action. • Must state nature of wrong • If not complied with goes to costs

  6. PERSONAL INJURY ASSESSMENT BOARD • Personal Injury Assessment Board Act 2003 • Initially refers to Employers Liability but now includes motor and general liability • NOT health services or medical or surgical procedures • Applies to personal injuries only but if property claimed for in conjunction with PI this allowed

  7. CLAIM Prior to commencing proceedings an application for an assessment of damages shall be made to the board The assessment only uses documents and case is not argued. Can obtain legal advice but not represented before board

  8. PROCEDURE UNDER PIAB ACT • Board receives application • Serves notice on that person or persons alleged to be liable (Respondent) • Respondent must decide whether they consent to assessment • If agrees or fails to respond the board will assess the case

  9. DOES NOT AGREE • If respondent does not agree must respond in writing • Board then issues the plaintiff with an “authorisation” which allows the plaintiff to proceed to court against the defendant • No admission of liability

  10. MAY NOT MAKE AWARD IN CERTAIN CIRCUMSTANCES • S17 sets out cases where the board may not make an award at its own discretion • E.g.: • No previous case law • Complexity • Psychological damage • May be necessary to defer assessment

  11. EVIDENCE • May obtain documentation or other evidence from claimant • May obtain medical evidence of their own • Obtain documentation from the state other than the revenue commissioners.

  12. ASSESSMENT MADE • Assessment made in writing and served on claimant and respondent. • Claimant has 28 days to respond if fails to respond is deemed not to have accepted assessment • Respondent has 21 days to respond, if fails to respond is deemed to accept assessment

  13. ASSESSMENT REJECTED • Authorisation issued for plaintiff to proceed • Can then proceed to court

  14. STATEMENT OF CLAIM • Details of parties • Sets out facts on which the plaintiff is relying • Prescribes a cause of action • Sets out damages divided into special and general.

  15. CIVIL LIABILITY AND COURTS ACT 2004 • This requires: • Plaintiff’s name and address and occupation • Personal public service number • Name, address and occupation of defendant • The injuries alleged to be caused by the wrong of the defendant • Details of Special Damages • Full details of facts relating to wrong • Full particulars of each area of negligence • Court can stop case of dismiss it if not complied with • Also affects costs order

  16. FURTHER AND BETTER PARTICULARS • On request the plaintiff shall provide: • Previous injuries where awards made, case withdrawn or settled. • Details of injury sustained or treatment administered which would have bearing on the present case • Name of person administering treatment • Must provide tax and social security documentation • Non-compliance same as Statement of Claim

  17. DEFENCE • Denies those items which it is defending • Usually denies everything • Pleads contributory negligence • Bring in a third party • Third party notice • This can be done by either plaintiff or defendant

  18. Civil Liability and Courts Act 2004 • Defence: • Details of those allegations where the defendant does not require proof • Allegations where proof is required • Grounds upon which defendant claims they are not liable • Contributory negligence

  19. COUNTERCLAIM • This may be made be defendant giving same details as statement of claim

  20. VERIFYING AFFIDAVITS • The Civil liability and courts act requires verifying affidavits for the following: • Allegations or assertions in pleadings • Any further information provided • This by plaintiffs and defendants and third parties • Must be lodged in court within 7 days • This can lead to criminal offence

  21. DISCOVERY • Refers to both sides • A list of document is prepared by both sides • Defendant’s Discovery • Accident book • Risk assessment under SHAWAWA • Training records • Plaintiff’s discovery • Doesn’t usually have much

  22. PRIVILEGE • Items not discoverable • Documents prepared for the purpose of litigation • Melik v. Norwich Union (1980) • Assessors report not privileged

  23. MEDIATION CONFERENCE • Bill provides for a mediation conference at request of any party before the trial and at direction of court • A chairperson is appointed by parties or by the court and must be a practising barrister or solicitor for more than 5 years or a person nominated by a body to be set up by the minister • Chairperson prepares report for the court

  24. FINAL OFFERS • After prescribed period either plaintiff or defendant must make final offers or state in the case of the defendant they are not prepared to pay at all. • This offer must be lodged in court. • Details of offer not given to judge until judgement • The final offers are considered when dealing with costs

  25. MISLEADING EVIDENCE • Providing false and misleading evidence in a trial will be a criminal offence under S21 of the Civil Liability and Courts Act 2004

  26. THE INQUEST • Occurs whenever there is an unnatural death • Aims to find cause of death • Overseen by a coroner • All parties can be represented • Makes a finding on cause of death

  27. CRIMINAL PROCEEDINGS • Finds whether a crime has been committed • Can be used in some countries as evidence in civil proceedings • Different onus of proof in UK and Ireland • Because insured found not guilty does not mean can succeed in civil proceedings • Findings by judge in district, circuit or high court.

  28. CRIMINAL COURTS EUROPEAN COURT OF JUSTICE EUROPEAN COURT OF HUMAN RIGHTS SUPREME COURT COURT OF CRIMINAL APPEAL CENTRAL CRIMINAL COURT CIRCUIT COURT DISTRICT COURT

  29. PERSONAL INJURY ASSESSMENT BOARD • Recommended by the Special Working Group on Third Party insurance following an investigation into high costs in Ireland. • Implemented by Personal Injury Assessment Board Act 2003.

  30. PROCESS • To assess quantum not merits • Submission of all personal injury claims to this board is mandatory. Excludes medical claims and personal injury claims against government • If defendant defends action then board unnecessary and plaintiff can go directly to the courts

  31. PROCESS • Referral to PIAB is mandatory before commencing proceedings. • Will halt running of limitations act. • Assessment of damages based on court precedent • Written procedure will be used

  32. PROCESS • If disputes on medical evidence PIAB wil seek independent medical expertise to inform its assessment. • The assessment is non-binding therefore either party can proceed to court. • Where either party does not wish to accept the assessment then the case should be taken afresh to the Court. • PIAB will issue release certificate

  33. TYPES OF CLAIMS • Initially employers liability • Then will deal with motor • Funded by the insurance industry

  34. STRUCTURE • Eleven members initially selected from various interested sources, this to be increased to 13 when motor starts. • One part time chairman and two art time deputy chairpersons, one each to deal with EL and motor claims. • Full time chief executive • 3 –4 senior assessors, 25-31 assessors, 9 IT staff

  35. FURTHER REQUIREMENTS • Database of court awards • Public database about PIAB awards • PIAB awards to be in line with court awards • Procedures to allow PIAB to make assessments, these to be electronic • Guidelines for recovery of professional fees • Funding mechanism

  36. THE END

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