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Civil Litigation > CH1. Part C: - Court Structure > Flashcards

CH1. Part C: - Court Structure Flashcards

1
Q

What are the two principal types of civil court in England and Wales?

A

The High Court and the County Court.

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2
Q

The jurisdiction of the High Court is governed by?

A

The Senior Courts Act 1981 (‘SCA’).

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3
Q

The High Court of Justice sits where?

A

In the Royal Courts of Justice (‘RCJ’) in the Strand, London, and in various regional centres (‘District Registries’).

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4
Q

Where must claims involving disputes in London be commenced?

A

In the Royal Courts of Justice (‘RCJ’).

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5
Q

In the High Court, trials are conducted by?

A

High Court judges.

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6
Q

Interim matters are generally dealt with in the RCJ by?

A

Masters.

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7
Q

Interim matters in District Registries are generally dealt with by?

A

District Judges.

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8
Q

Where do County Courts derive their jurisdiction from?

A

The County Courts Act 1984 (‘CCA’).

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9
Q

How does a claimant commence a claim for a specified or unspecified amount of money?

A

By sending a form (known as the N1 form, or claim form) to the County Court Money Claims Centre.

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10
Q

What will a claimant specify on the N1 form?

A

The claimant will also specify its preferred County Court hearing centre on the form and the court will take this into account in deciding where the claim is to be heard.

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11
Q

In the County Court, trials are generally conducted by?

A

Circuit Judges or Recorders (part-time judges).

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12
Q

In the County Court, interim matters are generally dealt with by?

A

District Judges (the equivalent of High Court Masters).

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13
Q

What courts can hear appeals?

A

The Court of Appeal, the Privy Council and the Supreme Court hear appeals.

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14
Q

Who can a High Court Judge hear an appeal from?

A

A High Court Master.

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15
Q

In addition to the courts, a range of other tribunals, disciplinary bodies and courts martial decide civil disputes. Give 5 examples

A

The Employment Tribunals, The Mental Health Act Tribunals, Courts Martial, The Ecclesiastical Courts, and the Solicitors’ Disciplinary Tribunal) also hear some matters.

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16
Q

The High Court is divided into three divisions, what are they?

A
  1. Chancery Division;
  2. Queen’s Bench Division; and
  3. Family Division.
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17
Q

The allocation of business between divisions is governed by?

A

S.61 SCA (Schedule 1).

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18
Q

The variations in procedure for the various specialist divisions of the High Court are contained where?

A

In practice directions to CPR 49 and 58 – 63 of the CPR.

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19
Q

Practice guides (e.g. Chancery Court Guide, Queen’s Bench Guide, Admiralty & Commercial Court Guide, containing practical information in relation to the particular division, are intended to supplement the CPR and practice directions. Where can they be found?

A

Volume 2 of the White Book.

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20
Q

The Chancery Division of the High Court deals with the following types of claim:

A
  1. land;
  2. mortgage;
  3. trusts;
  4. administration of estates;
  5. bankruptcy;
  6. partnerships;
  7. probate;
  8. intellectual property; and
  9. company matters.
    It also deals with other contract and tort claims.
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21
Q

The Queen’s Bench Division of the High Court deals with:

A

Most contract and tort claims. In addition, it deals with commercial matters, admiralty and judicial review.

22
Q

The Family Division deals with:

A

Matrimonial and related matters.

23
Q

Which specialist courts have been combined under a new umbrella Business and Property Court?

A

The Commercial Court, The Companies and Insolvency Court, The Patents Court and the Intellectual Property and Enterprise Court (‘IPEC’), The Technology & Construction Court, The Admiralty Court, and the Competition Court.

24
Q

The Commercial Court is part of which division of the High Court?

A

This is part of the Queen’s Bench Division.

25
Q

What is The Commercial Court also known as?

A

The Mercantile Court in various District Registries, namely Birmingham, Bristol, Cardiff, Chester, Leeds, Liverpool, Manchester, Newcastle-upon-Tyne and in the Central London County Court.

26
Q

What matters does The Commercial Court deal with?

A

It deals with complex matters that require specialist commercial knowledge, e.g. banking, shipping and insurance.

27
Q

The Commercial Court has separate procedures set out in:

A

CPR 58, PD58 and the Admiralty and Commercial Courts Guide, found in Volume 2 of The White Book.

28
Q

The Companies and Insolvency Court is part of which division of the High Court?

A

This is part of the Chancery Division.

29
Q

The Companies and Insolvency Court deals with?

A

Applications under the Companies Acts as well as financial and insolvency matters etc.

30
Q

‘Specialist proceedings’ heard in the Companies and Insolvency Court are governed by which two Practice Directions?

A

Practice Direction – Applications under the Companies Acts (PD 49A) and Related Legislation and Practice Direction – Order under s.127 Insolvency Act 1986 (PD 49B).

31
Q

The Patents Court and the Intellectual Property and Enterprise Court (‘IPEC’) are part of which Division?

A

These courts are part of the Chancery Division.

32
Q

The Patents Court and the Intellectual Property and Enterprise Court (‘IPEC’) deal with what matters?

A

Both these courts deal with matters to do with the validity and infringement of patents and other intellectual property matters such as copyright, passing off, design rights, trade marks etc.

33
Q

CPR? and PD? deal with intellectual property proceedings generally.

A

CPR 63 and PD63 deal with intellectual property proceedings generally.

34
Q

How are claims held in The Patents Court and the Intellectual Property and Enterprise Court (‘IPEC’) differentiated?

A

The IPEC has a small claims track and a multi-track which has a cap on damages of £500,000. A claim that is more valuable than this or particularly complex should be dealt with by the Patents Court.

35
Q

The Technology & Construction Court

is part of which Division?

A

This is part of the Queen’s Bench Division.

36
Q

The Technology & Construction Court deals with which matters?

A

Matters requiring specialist technical or scientific knowledge, e.g. professional negligence cases against architects, engineers, accountants, engineering or building disputes.

37
Q

The procedure in the Technology and Construction Court varies slightly from the usual court procedure and is contained where?

A

In CPR 60 and PD60. There is also a Technology and Construction Court Guide.

38
Q

The Admiralty Court is part of which Division?

A

This is part of the Queen’s Bench Division of the High Court.

39
Q

The Admiralty Court deals with what matters?

A

Shipping matters.

40
Q

The choice of whether to bring a claim in the High Court or the County Court involves a consideration of three matters:

A
  1. jurisdiction;
  2. rules governing commencement (CPR 7 and PD 7A); and
  3. rules governing transfer (CPR 30).
41
Q

What are the rules governing commencement of a claim if the value of the claim is greater than £100,000

A

It may be commenced in either the High Court or the County Court (see 7APD2.1).

42
Q

Which Court Procedure Rule governs commencement?

A

CPR 7

43
Q

What are the rules governing commencement of a claim if the value of the claim is £100,000 or less?

A

If the value of the claim is £100,000 or less, it may not be commenced in the High Court and should be commenced in the County Court.

44
Q

The figure for personal injury claims is £50,000 pursuant to which order?

A

The High Court and County Courts Jurisdiction Order 1991 (see also 7APD2.2).

45
Q

If there is a choice regarding which court should hear the claim then The guidelines for deciding which court the claim should be brought in are contained in:

A

7APD Guidelines.

46
Q

How is your claim valued?

A

The value of a claim is its financial worth (see CPR 16.3(6)).

47
Q

What factors should be disregarded when assessing the value of a claim?

A
  1. interest;
  2. costs;
  3. any counterclaim;
  4. any contributory negligence; and
  5. any deduction of social security benefits.
48
Q

Which rule governs transfer between the High court and the County Court?

A

CPR 30.

49
Q

When will a claim be transferred automatically and under which rule?

A

CPR 26.2 provides for automatic transfer in some cases. In such cases, when a defence is filed for a claim for a specified sum of money against an individual, the claim will automatically be sent to the ‘home court’ of the defendant (i.e. the County Court hearing centre or district registry for the district where the defendant resides or carries on business).

50
Q

What happens if a case is brought in the wrong court?

A

The court may transfer the case under CPR 30 and order the claimant to pay the costs of the transfer.
There may, however, also be other cost sanctions

51
Q

S. 51 SCA provides what?

A

A separate cost sanction for wrongly beginning a matter in the High Court when it should have been issued in the County Court. The penalty is that any costs awarded can be deducted by up to 25%, but this is at the court’s discretion.

Civil Litigation (9 decks)

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