Chapter 7- Civil courts and cases, Woolf reforms Flashcards
How should the format of a claim be filled
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1-Claimants name and address for the sending of documents
2-defendants name and address for where the claim is to be sent to
3-What is being claimed
4-The grounds for making that claim/ the point of law being breached.
What are small claim tracks
This is a relatively cheap and simple way of making a claim for a small amount of money
Why could lawyers be discouraged
-costs
-winner cannot claim legal costs from the losing party
Evaluate the use of small claim tracks
+Cost of claim is low
+No use of lawyers
+procedure is simpler and quick
-District judges are not always helpful to unrepresented litigants
-Even if the case is won, the claimant may not get the awarded money.
-if the other side is a business, the use of a lawyer may come into play. This could be unfair
What are prices of Fast-track cases
These are claims between 10,000 pounds and 25,000 pounds. As well as personal injury cases (10,000 pounds)
Describe what can take place with small track cases and what type of judges do they use
-District judges
-An inquisitorial approach is encouraged
-paper trials can occur when both parties have agreed.
-paper trials simply note down either parties points
-informal
Describe what takes place in Fast track cases
-A questionnaire takes place and the district judge decides whether it should be this track
-a strict timetable is set for pre trials
-This is aimed at running the case being heard in 30 weeks
-Circuit judges
-formal procedure
-limited to one day
What are the prices of Multi-track cases
These are claims that are over 25,000 pounds.
What are the prices of claims that can be transferred from the county court to the high court
Claims that are over 100,000 pounds
What did Lord Woolf state that a civivl justice system should do
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- be just
- be fair in treating litigants
- offer appropriate procedures under reasonable prices
- deal with cases at a reasonable speed
- be understandable to those who use it
- provide as much certainty as the nature of the case
- be effective, adequately resourced and organised.
Give 3 recommendations made by a report of the Woolf reforms
-Make timetables shorter for cases
-giving judges more responsibility for managing cases
-simplifying documents
-use of ADR
Give 4 strengths to Woolf reforms
-The culture of litigants have improved
-Theres no delay
-More cases are being settled
-Judges have a more active role in managing cases
Give a weakness of Woolf reforms
-Costs are still up
.Costs did not consider the major economic and social shifts
.Costs are more than the amount claimed.
What is the aim of civil procedure rules
(woolf reforms)
Ensure that cases are justly dealt with at appropriate costs ensuring that the:
-There’s an equal footing
-Save expense
-appropriate amount on the claim
-quick and fair
-appropriate allocation of resources
What are the Pre-trial procedures
1- starting a court case
2-Legal advice
3-Going to court
4-Filing a claim
What does Legal advice entail
When there has been no settlement and a compromise is reached through a lawyer writing to the other party. Known as ‘bargaining’
What should be answered before going to court. Give 3 inquires
-Does the party who is receiving the claim have enough money to even cover the money
-Is there good evidence to support the claim
-Is ADR a better option
-Is there a valid claim based on a legal issue.
describe the cases heard in the County courts
-claims in contract and tort
-mortgage cases
-trusts/ inheritance
-family and financial disputes
which tracks can be heard by the county court
Small
fast
multi- track
Difference between circuit and district judges
District- handle lower court cases
Circuit- deal with appeal cases decided by the lower courts
Describe the type of cases heard in the high court
-Can hear any civil cases of unlimited values
-complicated cases
What type of cases are heard at the queens bench division
-deals with contract and tort cases that are over 100,000 pounds.
-exceptions are injury cases that over 50,000 pounds
-defamation cases.
What are the 3 divisions of the high court
-Queens bench division
-chancery division
-Family division
Describe the composition of the Queens bench division.
- President is the Lord Chief Justice
- Are over 70 judges sitting
What type of tracks do the high courts deal with
Multi- track cases only
Describe the composition of the chancery division
-Head is the chancellor of the high court
14 high court judges are sitting
What type of cases are heard in the chancery division
-Disputes with companies and individuals
-trust property
-mortgage
What type of judges are assigned to the family division
-Circuit judges
-judges from all levels of the judiciary
-District judges
-High court judges
-magistrates assigned to this panel.
which type of cases are dealt with in the family division
-divorce
-custody of children
-maintenance
Describe the C.O.A
- The main appellate court for civil cases
- Heard by Master of Rolls
- cases are heard from all divisions & the county courts multi-track cases
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What can the grounds of appeal be in the COA
-An error of law by trial judges
-Pleaded liable
-the amount of damages awarded.
Describe the Supreme Court
-This is the final civil court of appeal
-Heard by Justices of the Supreme Court
-hears appeals from the COA and sometimes from the High court under the ‘leap-frog’ provisions
-The sitting of the panel should be uneven
What are the grounds of appeal in the supreme court
-An error in a point of law by the trial judge or COA
When can a leapfrog occur
-National issues
-Benefits of going straight to the SC must outweigh the benefits of going to the COA `
What can appeals do:
-Can either increase or decrease it
-Confirm or alter the initial decision on liability
What are the advantages of civil courts
+Fair
+Judge is impartial
+Judge is a legal expert
+Helping of funding may be available
What are the disadvantages of civil courts
-expensive
-delay
-complex process usually needing specialist lawyers
-a confrontational process due to the use of lawyers.
