Civil procedure in England and Wales

English civil procedure shares much in common with the civil law systems of other common law countries.

The civil courts of England and Wales adopted an overwhelmingly unified body of rules as a result of the Woolf Reforms on 26 April 1999. These are collectively known as the Civil Procedure Rules and in all but some very confined areas replaced the Rules of the Supreme Court (applicable to the High Court of Justice) and the County Court Rules.

All defended cases are allocated to one of three tracks:

Note- The Jackson Reforms of 2013 altered the upper limit of the small claims track and the lower limit of the fast track, from £5,000 to £10,000.

Civil matters are heard at first instance (i.e. not appeals) in either the County Court or High Court. The County Court hears all Small Claim and Fast Track cases. County Courts designated as 'civil trial centres' may also deal with claims allocated to the Multi Track. Unless the parties agree, cases above £100,000 in value are not usually tried in the County Court.

The High Court has three divisions, namely:

The Civil Procedure Rules 1999 set out the rules for each stage of a case. The Rules aim to ensure that, when people sue or are sued, they obtain justice.

Parties are encouraged to disclose the facts of their case prior to starting any court case. A Pre-Action Protocol must be followed. All claims less than £15,000 must be started in the county court. Claims for more than this amount can be started in either the High court or the County Court, except personal injury claims for less than £50,000, which must be started in the County Court.

Most type of claims are started by issuing a Part 7 claim form in which the claimant states the particulars of case, or attaches the particulars to the claim form, or serves them separately within 14 days of the claim form being served.

There must also be a Statement of Truth as to the facts in the particulars of the claim. The claim form and the particulars of the claim must be served on the defendant. Service may be carried by the court or the claimant, and can be made personally, by post, by fax, by e-mail or other electronic means.

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