How to Challenge Civil Proceedings in the Magistrates Court

Introduction

Cash forfeiture, Domestic Violence Prevention Orders (DVPO’s), Sexual Harm Prevention Orders and Stalking Protection Orders are all examples of civil proceedings in the Magistrates Court.

As they are not criminal proceedings or governed by the Criminal Procedure Rules, hearsay is routinely admitted. The CPIA does not apply, and funding can be hard to come by for respondents, yet the same respondents may be asked to serve a witness statement and costs may be ordered with no regard to means, case law shows the costs are often impossible to recover.

This webinar will explore how to file complaints and represent those challenging civil proceedings in the Magistrates court.

What You Will Learn

This webinar will cover the following:

• The statutory framework for complaints
• Authority to commence proceedings- or lack of it
• The hearsay regime and your obligations under it
• How to deal with disclosure
• Burden and standard of proof
• Funding and costs

This webinar was recorded on 26th February 2024