CIVIL PROCEDURE - PowerPoint PPT Presentation

1 / 36
About This Presentation
Title:

CIVIL PROCEDURE

Description:

CIVIL PROCEDURE LECTURE 14 WEEK 7 CIVIL COURTS LETTER OF CLAIM At present practice to say very little in letter of claim. Civil liability and courts Act 2004 requires ... – PowerPoint PPT presentation

Number of Views:247
Avg rating:3.0/5.0
Slides: 37
Provided by: BrianGr4
Category:

less

Transcript and Presenter's Notes

Title: CIVIL PROCEDURE


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
  • Plaintiffs 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
  • Defendants Discovery
  • Accident book
  • Risk assessment under SHAWAWA
  • Training records
  • Plaintiffs discovery
  • Doesnt 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
Write a Comment
User Comments (0)
About PowerShow.com