Civil Courts

Question 1

What is the jurisdiction of the civil courts? (8)

Answer 1

County Court
-Local court that has the power to hear almost all civil court cases
(usually less than £100,000) (personal injury less than £50,000)
-Many cases never actually make it to trial parties settle their dispute
before the case is heard
-Depending on the value of the case, trials are heard by either Circuit Judges or
District Judges, but some part-time judges called Recorders
-Contract, tort, land disputes, wills (up to £30,000) and family cases
-rare cases use a jury of 8 people to decide the verdict in a case
-NO defamation cases nor defended divorces

High Court
-Hear the more expensive multi-track cases (usually £100,000 plus), for personal injury cases £50,000+
-May be heard in the High Court Ordinary or could be allocated to one of the three divisions which are specialist courts

FAMILY DIVISION
-Headed by the President of the Family Division and hear cases involving the welfare of children under the Children Act 1989, matrimonial cases such as defended divorce cases, some probate cases and medical cases e.g. Re S.
-Family Court (created by the Crime and Courts Act 2013) has both the powers of the High Court and County Court

CHANCERY DIVISION
-Hears cases involving company law, tax, insolvency, intellectual property and trusts

KING’S BENCH DIVISION
-Headed by the Lord Chief Justice and hears cases involving contract and tort
-Jury of 12 people may be used in cases of malicious prosecution, false imprisonment and defamation cases
-Judicial Review cases are also heard in this court e.g. Wednesbury Corporation.

Question 2

What are the pretrial procedures? (8)

Answer 2

1. Claim form
   -filled by claimant
   -includes particulars of crime, statement of truth, claimant must sign
   -Can be done online
   -Claimant pays court fee depending on amount of claim
2. Served on defendant
   -Smaller claims are posted to the defendant by the courts
   -Larger claims are ‘served’ on the defendant by a court official who will deliver it by hand
   -The defendant then has 4 options:
3. Settle – defendant pays the full amount claimed, case is over
4. Ignore the claim – claimant can win claim by default if defendant does not reply within 14 days
5. Defend – the defendant may file a defence within 14 days with the court
6. Counter-claim -defendant may wish to make a claim against the claimant
7. allocation questionnaire
   -Claimant and defendant are sent
   -decides track
   -judge decides track
8. Trial