Civil Courts Flashcards

1
Q

What cases do county courts hear?

A

The majority of cases:
- Economic loss
- Personal injury
- Injunctions

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2
Q

What are the divisions of the High Court of Justice?

A

Kings Bench Division
Chancery
Family

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3
Q

What cases does the KBD hear?

A

The civil cases not suitable for county court

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4
Q

What cases does the chancery hear?

A

Tax
Property
Bankruptcy

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5
Q

What cases does the family court hear?

A

Only complex and important matters
- Adoption
- Divorce
- Hague Convetion

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6
Q

What is the Hague Convention?

A

A treaty that governs the abduction of children

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7
Q

What are pre-action protocols?

A

What parties must do before taking a case to court

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8
Q

What are the three pre-action protocols?

A
  1. Letter of claim (explains why the defendant is at fault)
  2. Defendant has three months to admit liability or deny it, offering an explanation
  3. Parties agree on an expert witness if it is needed
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9
Q

What happens if pre-action protocols are not followed?

A

The party may have to pay the other parties legal costs at the end of the case

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10
Q

How much does a low level claim cost to issue?

A

£25

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11
Q

How much does a claim over £200,000 cost to issue?

A

£10,000

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12
Q

What are the three tracks for a claim?

A
  • Small claims
  • Fast track
  • Multi track
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13
Q

What is the small claims track?

A

Claims under £10,000 or under £1,000 for personal injury.

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14
Q

Where are small claims cases dealt with? And by what judge?

A

In County Court by a District Judge

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15
Q

What are ‘litigants in person’ in the small claims track?

A

Parties must represent themselves due to court costs not being paid, lawyers can’t be afforded

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16
Q

What is the ‘inquisitorial approach’ from judges in small claims cases?

A

Judges assist the litigants and help them to reach an outcome

17
Q

What is the fast track?

A

For cases between £10,000 and £25,000, or for cases of personal injury between £1,000 and £25,000

18
Q

Where is a fast track claim heard? And by what judge?

A

In County Court by a Circuit Judge

19
Q

What are multi track cases?

A

Cases over £25,000 or more complex cases

20
Q

Where are claims up to £50,000 tried on the multi track?

A

County court by a Circuit Judge

21
Q

Where are claims over £50,000 tried on the multi track?

A

In the High Court of Justice by a Puisne Judge

22
Q

What does Section. 55 of the Access to Justice Act 1999 state?

A

An appeal can only be made to the Court of Appeal if it raises an important point of law, or there is a compelling reason

23
Q

What are the advantages of civil courts?

A
  • Fair process
  • Parties can appeal
  • Binding nature encourages ADR
24
Q

What are the disadvantages of civil courts?

A
  • Cost is high
  • Slow process
25
Q

What is HM Online Court?

A

Allows judges to settle disputes up to £25,000 in value