Civil Courts

Question 1

Donoghue v Stevenson

Answer 1

Mrs. Donoghue drank a ginger beer bought by a friend, from Stevensons drink company, not knowing of the dead snail in the opaque bottle. Then saw the snail and sued for negligence as she couldn’t claim under contract law.
Created law of negligence.

Question 2

Criminal law?

Answer 2

Public law
tried in magistrates or crown court
parties called prosecution and defendant
if responsible defendant receives a sentence
burden of proof falls on prosecution
standard of proof is beyond reasonable doubt
cases written “R v (defendants last name)”

Question 3

Civil law?

Answer 3

Private law
Tried in county court or high court
Parties called claimant and defendant
Burden of proof falls on claimant
Standard of proof is balance of probabilities
Cases written “(claimants surname) v (defendants surname)”

Question 4

Civil courts process

Answer 4

Pre trial procedure- negotiation (try to resolve it themselves), letter before action (claimant sends clear letter informing of legal action), claimant completed an N1 form.
Defendant has 14 days to either accept the claim, defend the claim, counter claim or ask for 14 more days.

Question 5

What are the 2 main courts for civil?

Answer 5

County court- expensive, local dispute resolution in 1864, deals with a range of civil matters including partnerships, trusts, and inheritance issues up to £30,000 contract and tort up to £50,000 uncontested divorces and up to £10,000 in small claims. Complexity decides which court it goes to
High court- 3 subdivisions: QBD, chancery and family

Question 6

Family division

Answer 6

Do use with matrimonial matters including contentious divorce, adoption, Cases under the children act 1989.

Question 7

Appeal courts

Answer 7

Divisional court of the QBD- appeals from magistrates or case stated appeal from crown court
Family divisional court- magistrates appeal for family matters
Chancery divisional court- hear some appeals on matters of tax

Question 8

QBD

Answer 8

Largest of the divisions, deals with contract and tort disputes that are unsuitable for the county court, thus any personal injury claims over £50,000 will go here

Question 9

Chancery

Answer 9

Deals with equitable issues as well as commercial issues including bankruptcy matters and intellectual property

Question 10

3 track system

Answer 10

Small claims- county court using informal trial with a district judge “no cost rule” applies (up to £10,000)
Fast track- formal trial, around 1 day, has to take place within a year (£10,000-£25,000)
Multi-track- (£25,000+)