Civil Cases Flashcards
What courts do you use for civil cases?
County court - £25,000 or less
County court - £50,000 or less for personal injury
High court - anything over £25,000
What % of people try an alternative way of dispute before starting a court case?
89%
What are the three divisions of the high court?
Queens bench division
Chancery division
Family division
How many county courts are there?
220
How many high courts are there?
20
What are the tracks and the values?
- small claims track - under £5,000 (or £1,000 for personal injury)
- fast track - £5,000-£25,000
- multi track - over £25,000
What are the Advantages of small claims?
- 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
What are the disadvantages of small claim?
- 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
What are the main cases tried in the county court?
- all contract and tort claims
- divorce cases
- recovery of land
- disputes over partnerships, trusts and inheritance up to £1,000
How long do you wait for a hearing in fast track?
48 weeks
How many judges are in the queens bench division?
70
What cases are in queens bench division?
- contract and tort over £50,000
How many judges are in the chancery division?
17
What disputes are in chancery division?
- insolvency
- enforcement of mortgages
- trust property
- copyright and patents
- intellectual property matters
- contested probate matters
How many judges in the family division?
17
What disputes do family division deal with?
- ward ship cases
- nullify of marriage
- relating to children’s Act 1989
- grants probate in non-contested probate cases
What are the effects of the Woolf Reforms?
- 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
What are the main appellate courts?
- divisional courts
- court of appeal
- Supreme Court
What is the function of queens bench division court (appeals)?
- Hears appeals from stated criminal cases in magistrates
2. Has powers over inferior courts and tribunals
How many lord justice of appeal are there?
37
Where does the court of appeal hear appeals from?
- 3 divisions of high court
- county court for multi track cases
- upper tier tribunal
Where does the Supreme Court hear appeals from?
- court of appeal
- divisional courts
- high court under the ‘leapfrog’ provisions
Who are appeals heard by in the Supreme Court?
Justices of the Supreme Court
