ABSTRACT
Civil actions take many forms and the procedure differs depending on the type of action. We are exclusively concerned with common law actions based in contract or tort.
There are a limited number of civil cases that the county court was not competent to hear, for example, actions for libel or slander. However, generally the county court and the High Court have concurrent jurisdiction and a litigant can seek redress from either court. The decision will be influenced by matters such as the complexity of the case and the level of damages claimed. The county court’s jurisdiction has been extended in recent years and litigants were encouraged to bring actions in the county court wherever possible, the purported aims being to encourage the reduction of waiting lists and to reduce costs. In April 1999, old terminology was replaced in many instances by new terms:
writ – claim form plaintiff – claimant ex parte – without notice pleading-statement of case minor/infant – child
and a new and simpler set of rules was put in place.
