New Processes for Claims in the District Court … Don’t Get Caught Out

You are here > Home / Your resources / Articles / New Processes for Claims in the District Court ... Don't Get Caught Out

By Alan Knowsley, Tuesday, 22 September, 2009, General

Print this article |

The new processes have been in place from 1 November 2009 in relation to civil claims in the District Court filed after that date.

The focus is on exchanging relevant information soon after proceedings are commenced. This gives parties a better chance of reaching a settlement without the need for a full court hearing.

In most cases it will be compulsory for parties to a dispute to attend a judicial settlement conference. The conferences will be run by a District Court Judge and will be closed to the public. They will be confidential to the parties involved and will provide an alternative way of resolving disputes in a fair and timely manner, under the guidance of a Judge. All issues between the parties will be explored and the Judge will attempt to assist the parties to reach a settlement of the dispute. If no settlement can be reached the Judge will then allocate it for a hearing.

If a Notice of Claim is filed and served and the defendant fails to respond as required within 30 working days, judgment will be granted by default. The default judgment process is expected to cover most debt recovery proceedings where there is no dispute as to liability and quantum.

If the defendant serves their response on the Plaintiff, the Plaintiff then has 30 working days to respond with information on which they rely (an “information capsule”). A failure to do this will result in the claim being dismissed. The defendant then has 30 working days to respond with all the information onwhich they rely. A failure to do so will result in judgment against them.

If the Defendant serves their “information capsule” on the Plaintiff, the Plaintiff has 90 working days to pursue the claim by filing the Plaintiff and Defendant’s information capsules, along with other required documents and information.

The case will then be allocated a short trial or settlement conference and if it is not settled then it will be allocated a hearing. The judge will decide whether this is a summary judgment, simplified or full trial.

These processes have very strict time limits. If they are not complied with, this will result in judgment being entered against you or your claim dismissed. It is important to get legal advice early, so you do not get tripped up by rules you are unaware of.

If you have a claim or are served with a claim, don’t delay. Get on to it for your own sake.

Call us Toll Free on 0800 733 424

Article Archive

We produce regular articles and newsletters to keep our clients up to date with recent developments and to help them avoid the pitfalls in their business and private lives.