Compose a plan of the text in the form of questions and make notes to answer each item of the plan.

2. React to the following statements: agree or disagree. Support your answers by information or facts from the text.

 

1. The Rules made radical changes to civil process, namely the new procedure of appellate review.

2. After the reform jury plays a significant role considering both points of law and questions of fact.

3. Claimants must seek a legal remedy for some harm or injury they have suffered.

4. A claim form functions as a summons.

5. Procedure rules are supplemented by detailed instructions called practice directions.

6. In the fast track disclosure follows inspection and an exchange of witness statements.

3. Tell the group what information you have learnt from the text about:

a) the case manager;

b) a claim form;

c) a response pack;

d) allocation;

e) the small claims track;

f) fast track;

g) multi-track;

h) practice directions;

i) case management conferences.

4. Complete the following sentences according to the information from the text:

1. The new procedural code governs ….

2. Claims are initiated by ….

3. A response pack served on a defendant contains ….

4. Judgment may be given in favour ofthe claimant if ….

5. To allocate a case to one of three tracks a judge must consider ….

6. The court sets and controls …. with the aims of ….

7. The central feature of case management ….

 

III. VOCABULARY STUDY

 

1. Complete the definitions with the words from the text:

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 agrees to the claim made by the claimant

4. … … - the document starting a claim proceedings

5. … - the process by which the claimant is required to inform the defendant of documents they hold relevant to the claim

6. … … - the document giving evidence by someone who saw or heard something critical to the case

7. … … - the instructions given by a judge on how procedures shoul be carried out in a case

2. Explain the following terms and expressions in your own words:

a) claimant;

b) to admit the claim;

c) to defend the claim;

d) track;

e) timetable;

f) disclosure;

g) inspection.

3. Write the words/phrases associated with the participants of proceeding in the correspondent column:

CLAIMANT	DEFENDANT	JUDGE

4. What is the usual order of these events?

 

To allocate a case; to serve a copy; to file an allocation questionnaire; to respond a claim; to initiate a claim.

5. Make word combinations using words from two columns:

admit a timetable

agree to a stay

allocate to a claim

enforce the process

file the judgment

issue a claim

review a claim on

serve a regime

set differences

settle a reply

6. Use appropriate word combination from Ex.5 and information from the text to answer the questions below:

1. How does a claim proceeding start?

2. What must a defendant do when he or she has been served with a claim?

3. If both parties want time to try to settle the dispute out of court, what should they ask the court to do?

4. What is the purpose of a case management conference?

5. If a defendant is ordered to pay a claimant’s costs but does not, what action can the claimant take?

IV. GRAMMAR FOCUS

Explain grammar phenomena of the underlined words in the text and translate them.

V. SPEAKING

 

Describe the process of a civil claim in your legal system as if to a client from a different system who wants to initiate a claim.

Work in groups. Think over the topic and prepare in advance sets of cards with written statements or questions to discuss (while preparing, make necessary notes using the information and language you have learnt from the texts of this unit, of the previous ones and additional sources of information).

In class compare and discuss your ideas with other members of your group. Each group can prepare a summary of the main points that have come up. The most interesting discussion point can be used to open up the discussion to the whole group.

There are some useful phrases to help you:

Say what you think: I think (that)/ To my mind/ To my point of view/ In my opinion/ My opinion on … is that / I suppose (presume, think) that …. Personally, I don’t think that …. It seems to me that….

Invite your partners to speak: What about you,/ What’s your opinion,/ What do you think, (Anna)?

Agreeing: You (smb.) are (is) quite/absolutely/ right. I fully/ entirely/ completely/ agree with you. I suppose you may be right.

Disagreeing: I’m not sure you’re right about/ as to …. I’m afraid I can’t agree with you. I don’t really think so/ that …. I fully/ entirely disagree with …/ that…. I have different/ contrary/ opposed view/opinion.

Persuade your partners to agree: But don’t you agree that …? Yes, but I’m sure you’d agree that …. Don’t you think that …?

Reach a decision: So, do we all agree that …? Have we all decided that …? Well, most of us seem to think that ….

Unit 3 Fundamental Changes in Civil Procedure in the UK Section 2 Basic Principles of the Reforms

I. LEAD-IN

1. Think over the following questions and prepare to discuss them in class:

· In the continental law legal system, in particular in Ukraine, trial procedure is called “inquisitorial”. Could you explain why?

 

· Do you know in what countries trial procedure is called “adversarial”? Can you name its main features?

 

· Think about the main difference between “inquisitorial” and “adversarial” procedure.

 

· What do you know about the reform of Civil Procedure in the UK? For example: when it took place; who initiated reforms, the basic principles of the reforms, etc.;

 

· To your mind what was the main objective of the reforms?