Civil Courts Flashcards
jurisdiction of the county court:
circuit and district judges.
deal with contract, tort, recovery of land to any value, partnerships, trusts and inheritance of up to £30,000.
hear cases on all 3 tracks
jurisdiction of the high court:
high court judge.
Kings Bench Division - personal injury, breach of contract, non-payment of a debt.
Family Division - divorce, custody, FGM, abduction.
Chancery Division - businesses, wills, business disputes and liquidation.
Deals with high value/complex cases.
what are the 5 pre-trial procedures?
- pre-action protocol - claimant may be advised
- money claim online - what their losses are claiming to be
- N1 form - sets out all the particulars of the case
- allocation questionnaire - to see which court will hear the claim
- defendant - given a chance to respond
what are the three tracks in the track system?
small claims, fast track and multi track
small claims:
dealt with at the county court.
up to £10,000. but only up to £1000 for personal injury.
heard by a district judge.
pay your own costs
fast track claims:
dealt with at the county court.
between £10,000 and £25,000. over £1000 for personal injury.
district judge or circuit judge.
pay own costs, but if you win the loser will pay your legal fees
multi track claims:
dealt with at county or high court.
above £25,000 or complex
circuit judge usually
pay own costs, but if you win the loser will pay to your legal fees
what is an employment tribunal?
an informal method of dispute resolution that run alongside the court system, but are used instead of the civil courts.
employment tribunal: act of parliament?
The Employment Rights Act 1998
employment tribunal: members
a legally qualified chair
representative of employer
representative of employee
employment tribunal: types of claim?
unfair dismissal
discrimination
unfair deduction from pay etc.
employment tribunal: what is the role of ACAS?
will offer the option of ‘early conciliation’, a change to come to an agreement before tribunal
employment tribunal: how do you bring a claim?
fill in a claim form
employer responds in 28 days
claim form must be submitted within 3 months.
employment tribunal: fees?
British Chamber of Commerce says £8500 is the estimated cost of employment tribunal.
the employer will pay.
employment tribunal: appeal?
can go to an upper tribunal or through the normal civil court process.
