The system was not always as just as they should have been. It all changed in the Woolf reforms. Lord Woolf reviewed the civil procedures and found many concerning issues that need to be raised. The main being that it was too expensive for people to take people to court, they could not afford the help they needed. There was also a problem with big delays, and it would be a considerable amount of time from the incident actually happening to the time it would come to trial. This can cause a whole number of problems. In justice was also a issue and this was a very big problem. At the time a lot of cases were being settled out of court and most of the time the settlement would be very unfair. There were other issues involved as well But Lord Woolf felt that some changes need to be made.So on the 25th of april 1999 the new civil procedure rules were in place, and aimed to deal with all cases justly.
Naseem has been involved and injured in a car accident. Explain the civil court process and the role of the judge in his court claim for damages of £5000.
In this case Naseem would be the claimant as he is bringing a case against the person who injured him, They would be the defendant. The first thing Naseem would have to do would be fill in a claim form. Before a case goes to court the claimant and defendant are encouraged to resolve the issues out of court by an out of court settlement. But if the parties can't do this then they may want to take the matter to court. Most proceedings begin with this form. By sending this form to the defendant he would be letting them know he is considering legal proceedings. This can be sent to the defendant by post and now fax or email. Once the defendant has recieved this they must acknowledge that they have received the claim form and have to respond within 14 days. If the defendant does not respond, then Naseem could enter judgement in default.
This case would be heard in a county court. As this is where they deal with small claims and small claims is when the claimant expects to recieve £5000 or less. There are around 230 county courts in the UK, they are in most major towns. Once Naseem had notified the defendant and a date had been set they would both attened the court hearing. When they were in court the Naseem would have the burden of proof as the it will always be with the claimant. It would be up to him to prove that he was injured in the accident and it was not his proof and the standard of proof in a civil court would be on probabilities. Naseem would have to prove that whoever injured him was in that place at that time and it was their fault. Once all the evidence by both parties had been given it would be up to the judge to come to a final decision. As in the county court the judge will decide the outcome as jurys are rarely used. So the role of the judge is very important as the decision lies with them and nobody else.
The judge may make the decision that the defendant pay the claimant the £5000 or maybe less. If either of the parties is not happy with the outcome and the decision that has ben given they may appeal the case. But they must have a good reason to do so.
This is the route that Naseem would have to take if he were to sue the other driver for personal injury in the civil justice system.
