9-The Legal System: Civil Courts Flashcards
Civil claim definition
When an individual or business believes it’s rights have been infringed.
When an individual or business believes it’s rights have been infringed.
What is this the definition of?
A civil claim
The courts where civil cases are tried?
1) County Court
2) High Court
Which court has divisions?
And what are they?
High Court
1) Queen’s Bench Division
2) Chancery division
3) Family division
Queen’s Bench division
Chancery division
Family division
These are all divisions of which Court?
High Court
What are the main areas of jurisdiction for the County Court?
1) all contract and tort claims
2) recovery of land
3) disputes over equitable matters up to a value of £350,000.00
Queen’s Bench Division deals with?
Contract and tort cases over £100,000.00.
Can also hear appeals from the Magistrates’ Courts in criminal cases.
Contract and tort cases over £100,000.00.
Can also hear appeals from the Magistrates’ Courts in criminal cases.
Which Court?
Queen’s Bench Division
What main areas does the Chancery division of the High Court cover?
Business and commerce
Copyright and patent
Probate (wills)
Trusts
Business and commerce
Copyright and patent
Probate (wills)
Trusts
Chancery Division of the High Court
Main jurisdiction of the Family division of the High Court?
Family cases where there is a dispute about which country’s laws should apply.
Family Court is separate as of Crimes and Courts Act 2013.
Family cases where there is a dispute about which country’s laws should apply.
Family Court is separate as if Crimes and Courts Act 2013.
Family division of the High Court
If a claim is for £10-100k which court does a case start in?
County Court
If a claim is less than £10k which Court does it start in?
It doesn’t, it must go to the…
Small Claims Track
If a personal injury claim is for £1-50k which court does it start in?
County Court
If a personal injury claim is for £1k or less which Court does it start in?
Small Claim Track
If a case is a claim for
-£100k+
or
-personal injury £50k+
Which court does it start in?
Choice between County or High Court
Which Court do Circuit/ District judges sit in?
County Court
What are the 3 tracks for a civil claim?
1) Small Claims Track-Less than £10k
2) Fast Track-£10-25k
3) The Multi-Track £25k+ or complex cases
Who recommended the present system of justice in the 1990’s?
Lord Woolfe
What are Lord Briggs’ proposals for the future of civil cases?
1) private mediation service in the County Court
2) Online Court
1) private mediation service in the County Court
2) Online Court
Who has proposed these changes to the Civil Court system?
Lord Briggs
What is the process of appeals from the County Court?
1) Heard by District judge? Appealed to Circuit Judge
2) Heard by Circuit Judge? Appealed to the High Court
Which Court would hear second appeals?
Court of Appeal (Civil Division)
What statute sets out the conditions for a second appeal in Civil cases?
s55 Access to Justice Act (1999)
s55 Access to Justice Act (1999)
What does this statute set out for in civil cases?
The requirements for a second appeal in civil cases.
What is the process for an appeal from the High Court?
Either
1) Court of Appeal (Civil Division)
or. ..
2) leapfrog to Supreme Court
Advantages of using the Courts to settle a civil case?
1) Authority from the courts in case of success.
2) Conducted by a legal expert
3) Appeals process
Disadvantages of using the Courts to settle a civil dispute?
1) Cost
2) Delay
3) Complicated process
4) Uncertainty
