1A.1.1 Civil courts

Question 1

Hierarchy of the Civil Courts

Answer 1

Supreme Court
Court of Appeal
High Court (4 divisions)
The County Court

Question 2

What were the Woolf reforms?

Answer 2

In 1999, Lord Woolf published the “Access to Justice” report. The aim was to make it simpler for users and more effective. There were three parts to this reform:
- Encourages parties to use ADR.
- Allocating cases to the right court.
- Enables judges to case-mange and drive cases towards a quick settlement.

Question 3

What cases are heard in the county court?

Answer 3

The County Court can try most civil claims up to £100,000 in value. Typical cases heard in this court include:

• Negligence claims
• Debt claims
• Housing claims
• Bankruptcy

Question 4

What judges hear cases in the county court?

Answer 4

Cases are heard by a single judge - usually a Circuit Judge but some cases are heard by a recorder.

Question 5

What is the role of a judge in the county court?

Answer 5

The judge will read the case papers before the hearing and can hear evidence and legal arguments in court.

At the end of the hearing the judge will decide the liability (which side wins) and any remedies.

Question 6

What are the three divisions of the High Court?

Answer 6

• King’s Bench Division (KBD)
• The Chancery
• The Family Division

Question 7

The King’s Bench Division (KBD)

Answer 7

The largest of the three divisions of the High Court.

It has the jurisdiction to hear a wide variety of cases including contract and tort claims over £100,000 in value and smaller claims where there is a complicated issue of law involved.

The Administrative Court is within the KBD, which hears judicial reviews.

Question 8

The Chancery Division

Answer 8

The Chancery Division has the jurisdiction to deal with the following types of cases:
- Disputes relating to business, property or land where over £100,000 is in issue
- Disputes over trusts
- Contentious probate claims

Question 9

The Family Division

Answer 9

The Family Division generally hears cases in private as they are often dealing with sensitive matters. It has the jurisdiction to deal with the following types of cases:
- Cases where a child’s welfare is at risk
- Appeals from lower courts
- Cases with a foreign element such as international child abduction or forced marriage

Question 10

Pre-action protocol

Answer 10

Pre-action protocol explain the conduct and set out the steps the court would normally expect parties to take before starting any court action.

The aim of pre-action protocol is to ensure that as many problems as possible can be resolved without the need for a court hearing.

Question 11

Which court to use?

Answer 11

If a settlement cannot be reached, issuing a court claim may be the only course of action. Which court is being used will depend on the amount of compensation being claimed.

Question 12

Issuing a claim in the civil courts

Answer 12

A claim form N1 has to be completed with the names and addresses of the parties, brief details of the reason for the claim and the amount of money being claimed.
The form can be filled at:
- A County Court office
- The High Court (if it is a high value claim)
- Online (for a debt claim)

A fee will be charged for issuing the claim, and the amount of the fee depends on the amount being claimed.

Question 13

The three tracks

Answer 13

If the claim is defended, a judge must allocate it to an appropriate case management track for it to be dealt with in the most cost-effective way.

Question 14

How can a defendant respond if a claim is made against them?

Answer 14

The court will generally send, or serve, the claim on the D who then has a choice of actions:

1) Admit the claim and pay the full amount to the C or the Court. If this option is chosen, the case will end.

2) Admit the claim and pay in instalments. If this option is accepted by the C the case will end when the full amount has been paid.

3) Dispute the claim and file a defence setting out why the claim should not be paid, either in full or part.

Question 15

Advantages of the civil courts system

Answer 15

• Fairness
• Legal expert
• Enforcement
• Appeals process
• Legal aid

Question 16

Disadvantages of the civil courts system

Answer 16

• Cost
• Delay
• Complicated process
• Uncertainty

Question 17

What is an appeal?

Answer 17

If one of the parties is dissatisfied with the decision of the trial judge about liability and/or the amount of compensation awarded, they can appeal.
- An appeal hearing usually consists of legal arguments as to why the original decision should be altered.

• An appeal is usually made to the next highest court in the hierarchy, and heard by a panel of three judges.
• It is rare for new evidence to be heard. There must be legal grounds for an appeal.
• An appeal usually has to be made within 21 days of the original hearing.
• If an appeal is made, costs will increase as lawyers will probably be required to argue the reasons for the appeal.
• The appeal court can agree with the original decision or reverse it. It can agree the original amount of compensation awarded or alter the amount.

Question 18

Appeals from the County Court

Answer 18

If the original decision was made by a District Judge, an appeal will be heard by a Circuit Judge in the same court.

If the original decision was made by a Circuit judge, an appeal can be made to a High Court Judge of the Division that is relevant to the case. For example, if the claim is for personal injury, an appeal will be made to a judge of the KBD.

An appeal can be made directly to the Court of Appeal if the case raises an important point of principle of practice, and the Court of Appeal agrees to hear it.

Question 19

Appeals from the High Court

Answer 19

An appeal from a decision of a High Court Judge will generally be heard by the Court of Appeal.

If one of the parties wishes to appeal further, it can be taken to the Supreme Court, but only is permission is granted by the Court of Appeal. The Supreme Court is the highest court for hearing civil appeals, and permission will only be given if there is a point of law of general public importance involved.

Question 20

Leapfrog appeals

Answer 20

In rare cases, a ‘leapfrog’ appeal may be made directly from the High Court to the Supreme Court if there is an issue of national importance involved, or if the case raises issues of sufficient importance to justify the leapfrog.