CIVIL PROCEDURE PROFESSIONAL ENGLISH IN USE FOR LAW

 

PROFESSIONAL ENGLISH IN USE FOR LAW 6. CIVIL PROCEDURE

 

A Civil Procedure Rules Alisdair Hannah, a barrister, is talking to a visiting group of young European lawyers. ‘All cases concerning goods, property, debt repayment, breach of contract (with some exceptions such as insolvency proceedings and non-contentious litigation), are subject to Civil Procedure Rules. The Rules, which came into force in 1999 in England and Wales, made radical changes to civil process in the County Court and the High Court. B Proceeding with a claim ‘Most claims are initiated by the use of a claim form, which functions as a summons. The claim form can be used for different types of claim, for example for specified or unspecified monetary sums, or for the claimant to ask the court to make an order. Once a claim has been issued, a copy is served on, that is, delivered to, the defendant with a response back inviting them to either admit the claim, using a form of admission, or to defend it, using a form of defence. The response pack also contains an acknowledgment of service form to confirm receipt of the claim, and a counterclaim form of the defendant to use if they wish to claim against the claimant.     EXERCISES 6.1 Complete the definitions. Look at A opposite to help you. 1 _______________-the process by which a claimant may look at written evidence held by the defence. 2 _______________-the document in which the defendant makes a claim against the claimant. 3 _______________ _______________ _______________-the document in which the defendant aggresse to the claim made by the claimant. 6.2 Make word combinations from A and B opposite using a word from each box. Then use appropriate word combinations and information in B opposite to answer the questions. 1 How does a claim proceeding start? 2 What must a defendant do when he or she has been served with a claim?

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