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Law > Chapter 7- Civil courts and cases, Woolf reforms > Flashcards

Chapter 7- Civil courts and cases, Woolf reforms Flashcards

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1
Q

How should the format of a claim be filled
*4

A

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.

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2
Q

What are small claim tracks

A

This is a relatively cheap and simple way of making a claim for a small amount of money

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3
Q

Why could lawyers be discouraged

A

-costs
-winner cannot claim legal costs from the losing party

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4
Q

Evaluate the use of small claim tracks

A

+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

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5
Q

What are prices of Fast-track cases

A

These are claims between 10,000 pounds and 25,000 pounds. As well as personal injury cases (10,000 pounds)

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6
Q

Describe what can take place with small track cases and what type of judges do they use

A

-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

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7
Q

Describe what takes place in Fast track cases

A

-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

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8
Q

What are the prices of Multi-track cases

A

These are claims that are over 25,000 pounds.

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9
Q

What are the prices of claims that can be transferred from the county court to the high court

A

Claims that are over 100,000 pounds

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10
Q

What did Lord Woolf state that a civivl justice system should do
*7

A

>

  • 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.
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11
Q

Give 3 recommendations made by a report of the Woolf reforms

A

-Make timetables shorter for cases
-giving judges more responsibility for managing cases
-simplifying documents
-use of ADR

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12
Q

Give 4 strengths to Woolf reforms

A

-The culture of litigants have improved
-Theres no delay
-More cases are being settled
-Judges have a more active role in managing cases

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13
Q

Give a weakness of Woolf reforms

A

-Costs are still up
.Costs did not consider the major economic and social shifts
.Costs are more than the amount claimed.

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14
Q

What is the aim of civil procedure rules
(woolf reforms)

A

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

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15
Q

What are the Pre-trial procedures

A

1- starting a court case
2-Legal advice
3-Going to court
4-Filing a claim

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16
Q

What does Legal advice entail

A

When there has been no settlement and a compromise is reached through a lawyer writing to the other party. Known as ‘bargaining’

17
Q

What should be answered before going to court. Give 3 inquires

A

-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.

18
Q

describe the cases heard in the County courts

A

-claims in contract and tort
-mortgage cases
-trusts/ inheritance
-family and financial disputes

19
Q

which tracks can be heard by the county court

A

Small
fast
multi- track

20
Q

Difference between circuit and district judges

A

District- handle lower court cases
Circuit- deal with appeal cases decided by the lower courts

21
Q

Describe the type of cases heard in the high court

A

-Can hear any civil cases of unlimited values
-complicated cases

22
Q

What type of cases are heard at the queens bench division

A

-deals with contract and tort cases that are over 100,000 pounds.
-exceptions are injury cases that over 50,000 pounds
-defamation cases.

23
Q

What are the 3 divisions of the high court

A

-Queens bench division
-chancery division
-Family division

24
Q

Describe the composition of the Queens bench division.

A
  • President is the Lord Chief Justice
  • Are over 70 judges sitting
25
Q

What type of tracks do the high courts deal with

A

Multi- track cases only

26
Q

Describe the composition of the chancery division

A

-Head is the chancellor of the high court
14 high court judges are sitting

27
Q

What type of cases are heard in the chancery division

A

-Disputes with companies and individuals
-trust property
-mortgage

28
Q

What type of judges are assigned to the family division

A

-Circuit judges
-judges from all levels of the judiciary
-District judges
-High court judges
-magistrates assigned to this panel.

29
Q

which type of cases are dealt with in the family division

A

-divorce
-custody of children
-maintenance

30
Q

Describe the C.O.A

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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31
Q

What can the grounds of appeal be in the COA

A

-An error of law by trial judges
-Pleaded liable
-the amount of damages awarded.

32
Q

Describe the Supreme Court

A

-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

33
Q

What are the grounds of appeal in the supreme court

A

-An error in a point of law by the trial judge or COA

34
Q

When can a leapfrog occur

A

-National issues
-Benefits of going straight to the SC must outweigh the benefits of going to the COA `

35
Q

What can appeals do:

A

-Can either increase or decrease it
-Confirm or alter the initial decision on liability

36
Q

What are the advantages of civil courts

A

+Fair
+Judge is impartial
+Judge is a legal expert
+Helping of funding may be available

37
Q

What are the disadvantages of civil courts

A

-expensive
-delay
-complex process usually needing specialist lawyers
-a confrontational process due to the use of lawyers.

Law (39 decks)

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