2. Civil Cases and how to pursue them

Question 1

What kind of awards can the court make?

Answer 1

Compensation -> damage

Injunction -> when the court orders the defendant to do something

Question 2

Why should court be a last resort?

Answer 2

Expensive - if you lose, you have to pay the other party’s costs.
Could be solved by negotiation or mediation.

Question 3

What happens if negotiation fails?

Answer 3

1. Take legal advice.
2. Solicitor sends letter to other party outlining the claim.
3. Leads to bargaining situation and agreement is reached.

Question 4

Characteristics of County Courts

Answer 4

• 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.

Question 5

What are the 3 divisions of the High Court?

Answer 5

Queen’s Bench Division, Chancery Division, Family Division.

Question 6

Characteristics of Queen’s Bench Division

Answer 6

• 70+ judges

- A single judge presides but there can be a jury of 12 in cases of fraud, libel, slander, false imprisonment.

Question 7

Characteristics of Chancery Division

Answer 7

• 18 judges

- Single judge presides

Question 8

Characteristics of Family Division

Answer 8

• 19 judges

Question 9

What cases does Queen’s Bench deal with?

Answer 9

• 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.

Question 10

What cases does Chancery Division deal with?

Answer 10

• 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.

Question 11

What cases does Family Division deal with?

Answer 11

• 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’.

Question 12

What is malicious prosecution?

Answer 12

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.

Question 13

How do you start a court case? (civil dispute)

Answer 13

1. Letter is sent to defendant outlining claim and has 3 months to respond to.
2. One legal expert must be agreed by both parties to look at evidence.
3. If expert is unsure as to who is at fault, the case will proceed to court.

Question 14

Claims in County Court

Answer 14

• Claims under £100,000.

- Fees range from £35 to £455

Question 15

Claims in High Court

Answer 15

• Personal injury + defamation of character claims over £50,000.

Question 16

What is a small claim?

Answer 16

• County Court.
• Below £10,000.
• Except personal injury + housing cases where limit is £1000.

Question 17

What are fast track claims?

Answer 17

• County Court.

- Disputes between £10,000 and £25,000.

Question 18

What are multi track claims?

Answer 18

• High Court.
• Complex cases over £25,000.
• If necessary, judge can allocate case to a track that deals with higher value claims.

Question 19

Advantages of small claims procedure

Answer 19

1. Low cost
2. Don’t have to pay other persons lawyer costs.
3. You can take the case yourself.
4. Quicker.
5. District judge helps parties explain their cases.

Question 20

Disadvantages of small claims procedure

Answer 20

1. No legal aid.
2. Other side is more likely to use a lawyer if its a business.
3. Don’t receive all the money awarded in court.

Question 21

What did the Woolf Reforms propose?

Answer 21

• 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.

Question 22

What happens in appeals from County Court?

Answer 22

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.

Question 23

What is the court hierarchy?

Answer 23

Supreme Court
          |
Court of Appeal
          |
High Court
          |
County Court