2. Civil Cases and how to pursue them Flashcards
What kind of awards can the court make?
Compensation -> damage
Injunction -> when the court orders the defendant to do something
Why should court be a last resort?
Expensive - if you lose, you have to pay the other party’s costs.
Could be solved by negotiation or mediation.
What happens if negotiation fails?
- Take legal advice.
- Solicitor sends letter to other party outlining the claim.
- Leads to bargaining situation and agreement is reached.
Characteristics of County Courts
- Deals with contract and tort cases
- Recovery of land cases (evictions)
- Disputes over partnerships, trust, inheritance (<350,000).
- Heard in public by Circuit judges, but jury of 8 can sit with judge in cases of defamation, malicious prosecution or false imprisonment.
What are the 3 divisions of the High Court?
Queen’s Bench Division, Chancery Division, Family Division.
Characteristics of Queen’s Bench Division
- 70+ judges
- A single judge presides but there can be a jury of 12 in cases of fraud, libel, slander, false imprisonment.
Characteristics of Chancery Division
- 18 judges
- Single judge presides
Characteristics of Family Division
- 19 judges
What cases does Queen’s Bench deal with?
- Deals with contract + tort cases
- Claims over £100,000.
- Hears appeals on points of law in some criminal cases from Magistrates + Crown Courts. (case stated appeals).
- Hears civil appeals and judicial review cases.
What cases does Chancery Division deal with?
- Civil work including companies, patents and contentious probate.
- Insolvency cases (business runs out of money),
- Enforcement of mortgages.
- Copyright and patent cases.
- Intellectual property rights.
What cases does Family Division deal with?
- Parental disputes over contact/residence of children.
- Local authority intervention to protect children.
- Decrees relating to divorce.
- Financial support for children after divorce.
- Domestic violence.
- Adoption
- Also deals with applications for “habeas corpus” where a child’s liberty is involved.
- Disputes about which country’s law applies.
- Family matters under ‘The Hague Convention’.
What is malicious prosecution?
when the police charge you with a false offence, usually to cover up police wrongdoing, it’s not a criminal offence but a civil claim.
How do you start a court case? (civil dispute)
- Letter is sent to defendant outlining claim and has 3 months to respond to.
- One legal expert must be agreed by both parties to look at evidence.
- If expert is unsure as to who is at fault, the case will proceed to court.
Claims in County Court
- Claims under £100,000.
- Fees range from £35 to £455
Claims in High Court
- Personal injury + defamation of character claims over £50,000.
What is a small claim?
- County Court.
- Below £10,000.
- Except personal injury + housing cases where limit is £1000.
What are fast track claims?
- County Court.
- Disputes between £10,000 and £25,000.
What are multi track claims?
- High Court.
- Complex cases over £25,000.
- If necessary, judge can allocate case to a track that deals with higher value claims.
Advantages of small claims procedure
- Low cost
- Don’t have to pay other persons lawyer costs.
- You can take the case yourself.
- Quicker.
- District judge helps parties explain their cases.
Disadvantages of small claims procedure
- No legal aid.
- Other side is more likely to use a lawyer if its a business.
- Don’t receive all the money awarded in court.
What did the Woolf Reforms propose?
- Encouraged use of ADR.
- Giving judges more responsibility to manage cases.
- More use of information technology.
- Simplify documents and proceedings.
- Shorter timetables for cases to reach court.
What happens in appeals from County Court?
If the case was heard by a district judge, then it is heard by a circuit judge in the same court.
If it was heard by a circuit judge, then it goes to HC.
What is the court hierarchy?
Supreme Court
|
Court of Appeal
|
High Court
|
County Court
