1A Civil Courts

Question 1

Define jurisdiction

Answer 1

The power courts have to deal with cases

Question 2

What is the standard of proof for civil cases?

Answer 2

On the balance of probabilities

Question 3

Who is the burden of proof in in civil cases?

Answer 3

The claimant

Question 4

What is a formal civil case known as?

Answer 4

Litigation

Question 5

What jurisdiction does the County Court have?

Answer 5

Least serious cases- contract, tort, recovery of land, partnership, trusts and inheritance up to £30,000, divorce, bankruptcy, small claims, fast track and some multi track cases.

Question 6

What jurisdiction does the High Court have?

Answer 6

Hear more expensive multi track cases (usually over £50,000). The cases can be allocated to the three divisions.

Question 7

What are the three divisions of the High Court?

Answer 7

King’s Bench Division, Chancery and Family

Question 8

What jurisdiction does the King’s Bench Division have?

Answer 8

Contract and tort cases mostly, also responsible for hearing applications for judicial review.

Question 9

What jurisdiction does the Chancery division have?

Answer 9

Claims relating to business and property, trusts, intellectual property claims, insolvency and probate claims.

Question 10

What jurisdiction does the Family division have?

Answer 10

The Family Court was created by the Crime and Courts Act 2013 and deals with cases where a child is made a ward of the court, cases under the Children’s Act 1989, appeals from family proceedings, international abduction cases, forced marriage cases and female genital mutilation cases.

Question 11

What is the pre-trial procedure?

Answer 11

1) A claimant may be advised to use the Ministry of Justice’s ‘Money Claim Online’
2) Complete an N1 form explaining the case’s particulars
3) Complete an allocation questionnaire
4) Depending on the amount claimed an the complexity, the case will be allocated to the small claims, fast track or multi track.

Question 12

How did the three-track system begin?

Answer 12

A 1996 investigation into how cases were taken to court conducted by Woolf.

Question 13

What regulates the three-track system?

Answer 13

The Civil Procedure Act 1997

Question 14

Describe the small claims track

Answer 14

Up to £10,000 in damages an £1000 in personal injury. Simple cases heard by a district judge in a County Court where the claimants represent themselves and expert witness are rare.

Question 15

Describe the fast track

Answer 15

£10,000-£25,000 in damages and £1000-£50,000 in personal injury. Moderately complex cases heard by a district or circuit judge in a County Court. Solicitors and expert witnesses are allowed and judges are directed by the civil procedural rules to ensure Woolf’s rules are followed.

Question 16

Describe the multi track

Answer 16

Over £25,000 in damages, heard by a circuit judge in either a County or High Court (if the claim is over £100,000 with the personal injury part being over £50,000). Judges control the timetable, gathering of evidence, expert witnesses and will suggest ADR where possible.

Question 17

What are the reasons for appeals in civil cases?

Answer 17

Error of law, error of fact or procedural unfairness

Question 18

Describe appeals from the County Court

Answer 18

District judge to a Circuit judge to a High Court judge.
For second appeals, they will be sent to the COA (Civil division).
Under s55 of the Access to Justice Act 1999, appeals to the COA have to raise an important point of principal or practice or there is another compelling reason.

Question 19

Describe appeals from the High Court

Answer 19

Usually go the COA.
In cases of national importance or issues of sufficient importance a leapfrog appeal to the Supreme Court may happen.

Question 20

Describe appeals from the High Court

Answer 20

Usually go the COA.
In cases of national importance or issues of sufficient importance a leapfrog appeal to the Supreme Court may happen.