Civil Cases Flashcards

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0
Q

What courts do you use for civil cases?

A

County court - £25,000 or less
County court - £50,000 or less for personal injury
High court - anything over £25,000

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1
Q

What % of people try an alternative way of dispute before starting a court case?

A

89%

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2
Q

What are the three divisions of the high court?

A

Queens bench division
Chancery division
Family division

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3
Q

How many county courts are there?

A

220

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4
Q

How many high courts are there?

A

20

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5
Q

What are the tracks and the values?

A
  • small claims track - under £5,000 (or £1,000 for personal injury)
  • fast track - £5,000-£25,000
  • multi track - over £25,000
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6
Q

What are the Advantages of small claims?

A
  • costs are low
  • if you lose, you don’t have to pay the other persons lawyer costs
  • you don’t have to use lawyers
  • the procedure is quick
  • district judge helps parties to explain their cases
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7
Q

What are the disadvantages of small claim?

A
  • there is no legal funding
  • it the other side is a business, they will use a lawyer
  • district judges aren’t very helpful
  • if you win the case, you may not receive all your money from the defendant
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8
Q

What are the main cases tried in the county court?

A
  • all contract and tort claims
  • divorce cases
  • recovery of land
  • disputes over partnerships, trusts and inheritance up to £1,000
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9
Q

How long do you wait for a hearing in fast track?

A

48 weeks

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10
Q

How many judges are in the queens bench division?

A

70

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11
Q

What cases are in queens bench division?

A
  • contract and tort over £50,000
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12
Q

How many judges are in the chancery division?

A

17

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13
Q

What disputes are in chancery division?

A
  • insolvency
  • enforcement of mortgages
  • trust property
  • copyright and patents
  • intellectual property matters
  • contested probate matters
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14
Q

How many judges in the family division?

A

17

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15
Q

What disputes do family division deal with?

A
  • ward ship cases
  • nullify of marriage
  • relating to children’s Act 1989
  • grants probate in non-contested probate cases
16
Q

What are the effects of the Woolf Reforms?

A
  • culture of litigation has changed for better- more cooperation between parties
  • delays been reduced
  • very high rate settlement 60-80%
  • little/no increase in ADR
  • costs Overall increased
17
Q

What are the main appellate courts?

A
  • divisional courts
  • court of appeal
  • Supreme Court
18
Q

What is the function of queens bench division court (appeals)?

A
  1. Hears appeals from stated criminal cases in magistrates

2. Has powers over inferior courts and tribunals

19
Q

How many lord justice of appeal are there?

A

37

20
Q

Where does the court of appeal hear appeals from?

A
  • 3 divisions of high court
  • county court for multi track cases
  • upper tier tribunal
21
Q

Where does the Supreme Court hear appeals from?

A
  • court of appeal
  • divisional courts
  • high court under the ‘leapfrog’ provisions
22
Q

Who are appeals heard by in the Supreme Court?

A

Justices of the Supreme Court