civil courts

Question 1

what are the two trial civil courts

Answer 1

county , high

Question 2

what is the balance of probabilities for civil matters

Answer 2

51% sure (99% for criminal)

Question 3

describe the jurisdiction of the county court

Answer 3

-hears almost all civil cases
-depending on the value of the case, trials are heard by either a circuit judge or a district judge, part time judges called recorders can also hear cases in the county court
-on rare occasions, the county court may use a jury of 8 people to decide the verdict, this will only happen in defamation (libel, slander) cases, tort of malicious prosecution and false imprisonment
-the county court jurisdiction order 2014 states that the court can deal with financial cases up to £350,000, it was previously £30,000
-personal injury claims of less than £50,000 should be started in the county court
most cases that go to the county court are worth less than 100,000

Question 4

describe jurisdiction in the high court

Answer 4

• hear the more expensive multi track cases, usually £100,000+
• there are three divisions which are each specialist courts
• family division: 18 high court judges sitting in the family division, hear cases when there is a dispute over which countries law should apply and international cases concerning matters of the hague convention. Single judge hears cases, no juries. the crime and courts act 2013 created a new family court which deals with the majority of family cases now. Family division is only likely to deal with these cases if they’re difficult or important.
• Queens Bench Division: contract and tort matters over 50k, complex multi track cases transferred from the county court. Five courts; admiralty courts(shipping and maritime disputes, commercial courts (complex commercial transactions), mercantile courts (business disputes), technology and construction courts (buildings engineering and surveying) and habeas corpus (false imprisonment). Also deal with negligence cases.
• Chancery division: 18 high court judges sitting, involves disputes over insolvency (brankcrupcy), mortgage enforcement, trust property, copyrights and patents. There is also a companies court in this division. Cases are heard by a single judge ad juries are never used.

Question 5

describe the four pre trial procedures

Answer 5

1. pre action protocols, parties are encouraged to give each other information to prevent so many cases from going to court. a pre action protocol has to be followed, if not followed they may have to pay certain costs to make a court claim
2. allocating to court, the court being used will depend on how much a case is worth, £100,000 or less= county court, less than 10,000+ small claims track, for personal injury claims cases worth less than 50,000 will go to the county court
3. forms to be completed= N1 or Money claims online
4. defending a claim, the defendant my admit to a claim and pay the full amount. To dispute a claim they can fill in the form N9 or send a defence to the court. If D does nothing the claimant can ask the courts to make an order.