Civil Courts

Question 1

Role of County Court

Answer 1

1. Deal with lower value issues, mostly contractual and tortious disputes: debt recovery, money claims, personal injury, medical negligence. wills, insolvency, property disputes, mortgage repossesions, enforcement of court order, etc.
2. Claims of GBP 100k or less starts at County Court (personal injury : 50k)
3. Value above 100k : claimant has a choice between** County and High Court**. (in practice many claims of several 100k progress through county courts) High Court if financial value, complexity and importance of outcome to the public merit it.
4. Divided into: Small claims Track: no more than 10k, Fast Track: 10- 25k, Multi Track: above 25k

Question 2

Appeal from County Court

Answer 2

1. Appeal from a district judge (lowest) goes to a circuit judge of County Court
2. Appeal from a circuit judge is made to High Court usually to divisional court (panel of 2 judges).
3. Insolvency, whether decided by district or circuit judge will be appealed to High Court.
4. Appeal must be permitted by court being appealed or court wish appeal to be heard. Have 21 days to file notice.
5. No new evidence to be introduced in the Appeal.
6. You can only appeal if you have a real chance of success or some strong reason for an appeal to be heard.
7. Appeal will only be allowed if decision of the lower court was wrong or unjust because of serious procedural or other irregularity in the proceedings

Question 3

High Court

Answer 3

1. Three divisions: Kings Bench Division; Chancery Division and Family Division.
2. Each division has a President (a senior judge)

Question 4

King’s Bench Division (KBD)

Answer 4

1. Traditional common law arm of the High Court
2. Deals with contractual and tort matters
3. Specialist courts under KBD:
   a. Commercial Court: business, finance, insurance, banking, arbitration, mercantile case
   b. Admiralty Court: marine cargo disputes, collission at sea, salvage, claims by passengers injured on vessels
   c. Administrative Court: judicial review of decision by public bodies, challenges to decisions by ministers, planning matters, application for habeas corpus, decision on vexatious litigants (deliberately wast court time); matters relating to coroners, proceedings for contempts of court (disobey court orders) and appeals for extradition (dan do)
   d. Technology and Construction Court: computer, software, building and engineering disputes (focus: environment, public procurement and insurance)

Question 5

Chancery Division

Answer 5

1. origins : equity, equitable remedy
2. Workload: IP, disputes over wills and trusts, property loan and mortgages, partnership and business disputes, revenue and tax cases, professional negligence claim, also have appeal function.
3. Specialist courts:
   a. Insolvency
   b. company work
   c. patent: handling higher value 500k and above
   d. Intellectual Property Enterprise Court: IP matters: handling lower value claims under 500k
   Usual remedies for breach of IP: damages, delivery up/destruction of counterfeits, injunction, account of profit.

Question 6

Family Division and Family Court

Answer 6

1. Most family litigation are transferred out of mainstream civil courts and magistrates courts to a dedicated Family Court.
2. Family Court deals with protection of children, including local authority intervention, divorce petitions, violence remedies and adoption. A range of courts operate here: High Court, County Courts, and magistrates court.
3. Family Court proceedings have dual focus:
   * public law (litigation in the public interest generated by public authorities to protect children)
   * private law: parents, guardianship

Question 7

Appeal from High Court

Answer 7

1. Appeals from High Court are to Court of Appeal Civil Division
2. Decision by a majority (odd number of judges usually 3)
3. Permission to appeal may be given only where the court consideres that apperal have a real prospect of success, or there is compelling reason for appeal to be heard.
4. Application must be made to court making original decision or Court of Appeal within timeframe stated by original court or 21 days of original decision
5. The court will need to see appellant’s ground for appeal and skeleton argument as bare minimum.
6. Majority of appeals relationg decision of Family Court are to other judges of higher seniority within that court.

Question 8

Right of Audience

Answer 8

1. Properly regulated individual (qualified barrister or solicitor)
2. person who wish to advocate their own cases
3. unqualified 3rd parties are discouraged

Question 9

Tribunals

Answer 9

1. Panel of 3: 1 legal qualified + 2 lay persons
2. Three types of tribunals:
   a. administered through local authorities: school exclusion panels
   b. run by government department: Valuation Tribunal council tax, non-domestic taxes
   c. administered by HMCTS:
   - First Tier: hears appeals against decisions by government departments or agencies, split into chambers: social entitlement, health education and social care, general regulatory matters, tax, immigration adn asylum, property and employment
   - Upper Tier: reviews and decides appeal from First Tier. consist of chambers: administrative appeal, tax and Chancery, immigration and asylum, land and employment.
   Appeal from Upper Tier goes to Court of Appeal, generally filing notice of 28 days. Judicial review and employment have shorter timescale.Note: employment tribunales and appeals have their own dedicated pathways.

Question 10

Court of Appeal

Answer 10

1. Hear appeals from High court, Family Court and tribunals

Question 11

Supreme Court

Answer 11

1. Hear appeals from Court of Appeal, the Court of Session in Scotland,
2. Usually 5 sits in a panel
3. Leapfrog : jump from High Court or Divisional Courts when the case raises an important point of principle or practice or there are other compelling reasons for it to be considered by the Supreme Court:
   * Appellant must apply directly to Supreme Court, relevant conditions must be satisfied: and High Court judge believes this is the case, and all parties consent
   * Application must be made within 28 days
   * Correct form and must accompanied by a copy of decision of High Court
   * panel of three justices
   * if permission is granted, appeal proceed directly to Supreme court.

Question 12

Privy Council

Answer 12

Throwback of British empire.
not binding on UK courts, but highly persuasive