Procedure law

 

Procedure law is the process which both criminal and civil litigation cases go through in order to determine how proceedings will continue, e.g. whether the case has strong-enough merits to proceed to trial. Every form of law has their own procedure: for example, personal injury law will follow tort law whilst property law will follow the principles of land law. Civil and criminal litigation follow the principles of the Civil Procedure Rules (CPR) and the Criminal Justice Acts respectively. The aim of procedure law is to ensure the fair, orderly and efficient application of the laws that govern society.

Procedure law governs matters such as how proceedings are commenced, time limits, jurisdictions, obtaining of evidence, communications between parties, protocol etc. Most commercial matters are subject to the CPR because this is the procedure that governs the county courts and the High Court. The overriding objective of the CPR is to deal with cases justly and if another procedural rule is considered by the court to conflict with the overriding objective, the overriding objective will prevail.

The CPR was introduced to make litigation simpler, cheaper, quicker and more transparent for all the parties involved. This includes splitting cases up into various tracks based on the size and value of the claim, pre-action protocols such as encouraging settlement and introducing penalties against parties who do not comply with the overriding objective, this normally consists of paying some or all of the costs of another party or higher interest rates on damages awarded.

If you would like to obtain advice on procedure law then Contact Law can put you in touch with a local specialist solicitor free of charge. So if you have any questions or would like our help in finding specialist solicitors please call us at 0800 1777 162 or complete the web-form above.

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