Civil Cases/Courts

Question 1

What matters would be examples of civil cases?

Answer 1

Pursed over matters as diverse as workplace disputes, child custody, bankruptcy, negligence, etc.

Question 2

What do county courts deal with?

Answer 2

Contract and tort cases.
Recovery of land cases (eviction).
Disputes over partnerships, trusts and inheritance up to £350,000.

Question 3

How many county courts are there?

Answer 3

200 CC’s around country.

Question 4

Describe what happens in the county court?

Answer 4

• Heard by circuit judges.

- A jury of 8 can sit with judge for some cases like defamation, false imprisonment, etc.

Question 5

What are the 3 divisions to the high courts?

Answer 5

Queen’s Bench Division.
Chancery Division.
Family Division.

Question 6

Describe the Queen’s Bench Division?

Answer 6

• Over 70 judges.
• Deals with contract and tort cases with claims over £100,000.
• Can be jury of 12 in cases of fraud, libel, slander etc.

Question 7

Describe Chancery Division?

Answer 7

• 18 judges.

- Deals with insolvency cases, enforcement of mortgages, copyright and patent cases, intellectual property rights.

Question 8

Describe the family division?

Answer 8

• Deals with family cases where there might be disputes about which country’s laws apply or family matters.
• Deals with applications for habeas corpus where child’s liberty involved.

Question 9

What are the specialists individuals courts within Queens Bench division?
(What do they deal with)

Answer 9

Commercial court-(insurance,banking,other commercial matters).
Admiralty Court-(Deal with disputes at sea).
Technology and construction court-(complex building, engineering of computer litigation disputes).

Question 10

What are some of the cases dealt within the Family Court include?

Answer 10

Parental disputes over contact/custody of child.
Financial support for children after divorce/relationship breakdown
Local authority intervention to protect children.

Question 11

What are the the three-tracks?

Answer 11

Small claims track.
Fast track.
Multi-track

Question 12

What is the money restrictions to go small claims track?

Answer 12

Disputes under £10,000, except for personal injury.

Question 13

What is the money restrictions to go fast track?

Answer 13

Disputes between £10,000 and £25,000.

Question 14

What is the money restrictions to go multi-track?

Answer 14

For cases over £25,000 or more complex cases.

Question 15

Describe small claims procedures?

Answer 15

• Use of lawyers discouraged as you can’t claim back their fees.
• Cases heard in private or public.
• District judge take an active part in proceedings.

Question 16

Give a few details about fast track?

Answer 16

• Aim to have case heard in 30 weeks.
• Formal procedure and hearing limited to one day.
• Only one expert witness allowed

Question 17

What are the Woolf reforms?

Answer 17

Lord Woolf argued that civil courts were not delivering justice in a fair or accessible way.

• Encouraged the use of ADR.
• Gave judges more responsibility for managing cases.
• More use of information technology.

Question 18

Advantages of civil courts?

Answer 18

• Trial is conducted by a legal expert with the decision being made by judge who is experienced and qualified lawyer.
• Enforcement of the courts decisions is easier as it its enforced through courts.
• There is an appeal process, so the claimant can appeal if not happy.

Question 19

Disadvantages of civil courts?

Answer 19

• Cost: taking a case to court often costs more than the amount claimed.
• Delay: there are many preliminary stages to go through. Even after this it takes about one year for larger claims to be heard in court.
• Complicated process.