civil courts Flashcards
County court small claims
up to £10,000 £1,000 for personal injury represent themselves/judge does simple quick cheap informal hearing only 60% receive award
high court
3 divisions:
QBD- contract, tort, £100,000+, less if important, sometimes jury of 12, other courts attached e.g. commercial
Chancery- one judge no jury, copyright, mortgages etc.
Family- child protection (children act 1989) forced marriage etc.
EXPENSIVE, 3 YEARS, LEGAL REPRESENTATION
county court
200+ district or circuit judge contract, tort, land, finance £10,000-100,000 personal injury- up to £50.000 jury of 8 e.g false imprisonment
civil court reforms
Lord Woolf - access to justice report 1996
Access to Justice Act 1999
3 track system
judges more responsibility
civil court evaluation
\+ fair legal experts enforced appeals legal aid funding
- expensive
slow
complicated
no guarantees
appeal routes
county sc
county
c of appeal
county f
high
c of appeal
high
c of a
supreme
(or LEAPFROG, crim just act 2015
when do civil appeals reach supreme
important
12 LJSC
9 m 3 f
appeals to court of appeal
established by judicature act 1873
38 LJA
panel of 3 or 5
3 track system
small claims track- under £10,000
£1,000 for personal injury, represented by themselves or district judge, small claims court, private
fast track- £10-25,000
£1,000-£25,000 for PI, circuit judge, open court, formal, one witness one day, 30 weeks
multi track- £25,000+ county or high c
encourage adr, strict trial dates, case management=low cost, gather evidence and info
what can a defendant do?
admit and pay
dispute N9 form
neither & forced to pay
pre trial procedures
civil procedure rules equal footing follow protocols if not followed liable disclosure of documents, N1 claim form (cost varies), N9 acknowledgement of service form, relevant track
courts of first instance
county
high
