8) Civil Courts & Appeals Flashcards
Civil courts of first instance
County Court
High Court
A division of the county court
The Small Claims Court
Limits of small claims court
Up to £10,000
£1,000 for personal injury
(subject to change to up to £5,000)
Time of hearing
only up to 30 minutes
very simple and informal
Cost of small claims court proceedings
very low
Who represents the claimant and defendant in small claims court
themselves
encouraged but have option otherwise
Who is a small claims trial heard by?
District judge
Advantages of small claims court
no need for lawyers; low cost and quicker
both represented by judge
Disadvantages of small claims court
no legal funding for lawyer,
businesses more likely to use a lawyer which puts unrepresented claimant at disadvantage
only 60% of claimants win & recieve their award
number of county courts in england and wales
over 200
what civil claims can the county court hear?
Law of contract
Law of tort
Recovery of land
Equitable matters such as trusts
judge in county courts
district judge or circuit judge
depends on complexity and value
jurors in county court
panel of 8 jurors
defamation, malicious prosecution, false imprisonment
limits for county court
£10,000 - £100,000 (more if simple case)
£50,000 for personal injury
3 divisions of high court
Queen’s Bench Division
Chancery Division
Family Division
