civil courts Flashcards
describe the jurisdiction of the country court
- hear all contract, tort and recovery of land claims up to £100,000 in value
- partnerships, trusts and inheritance (up to £350,000?)
- divorce and bankruptcy
- hear small claims, fast-track and some multi-track cases
- claims will be heard in open court by a single judge – usually a Circuit Judge but some cases are heard by a Recorder. If the case is straightforward and of relatively low value, it can be heard by a District Judge.
- about 200 County Courts in England and Wales
- workload - far greater than that of the High Court - most cases settle
- open to the public (except family matters and children)
- formal and representation
- winner can claim costs
- sometimes a jury can sit (8 members)
describe the jurisdiction of the high court
It has three separate divisions, each of which specialises in hearing certain types of cases
describe king’s bench divison, chancery divison, family division
what are the three divisons of the high court?
- King’s Bench Division
- Chancery Division
- Family Division
describe the King’s Bench Division
(jurisdiction of high court)
Deals with contract and tort cases over £100,000
Usually tried by a single judge
Rarely uses juries but right to jury for some cases such as fraud/libel
Has a Commercial Court, Admiralty Court and a Technology & Construction Court
Has about 70 judges as members
Is responsible for Judicial Review
describe the Chancery Division
(jurisdiction of high court)
- Usually tried by a single judge
- Never uses
- Deals with insolvency, mortgage enforcement, copyright and patent law, and probate actions
- Roughly 17 judges as members
- Has a special Companies court that deals with winding up companies (insolvency etc)
describe the Family Division
(jurisdiction of high court)
Usually tried by a single judge and never uses juries
Deals with/hears cases where a child is to be made a ward of the court and cases relating to the welfare of children under the Children Act 1989
Crime and Courts Act (2013) – created a new Family Court (this is a separate court which now deals with the majority of family matters).
Deals with all international cases concerning family matters
Roughly 17 judges as members
Describe the pre-trial procedures for civil
cases
- A court claim should only be considered as a last resort if a negotiated settlement cannot be reached or a form of ADR has failed
- 1st step to take before issuing any court claim is to follow an appropriate pre-action protocol. They explain the conduct and set out the steps the court would normally expect parties to take before starting any court action. The aim of a pre-action protocol is to ensure that as many problems as possible can be resolved without the need for a court hearing.
- If a settlement cannot be reached, issuing a court claim may be the only course of action. Which court is used will depend on the amount of compensation being claimed.
- The court will generally send, or serve, the claim on the defendant who then has a choice of actions: small claims, fast track, multi track
what are the 3 tracks a case can be allocated to in the civil courts?
- small claims track
- fast track
- multi track
small claims track
- hears contract and tort cases worth up to £10,000 and personal injury cases up to a certain amount (£1000)
- the claim will be heard by a District Judge and lawyers are not encouraged (informal)
- strict time limit for cross examination of witnesses
fast track
- hears claims from £10,000 to £25,000
- heard by a District Judge in the County Court
- a case allocated to this track will have a strict timetable set – case should be heard within 30 weeks
- the hearing will be a maximum of one day and limited number of witnesses
multi track
- hears claims over £25,000 or cases involving complex points of law
- heard by a Circuit Judge in the County Court but can be sent to the High Court
- the case will be strictly case-managed by the Circuit Judge, who sets a strict timetable
- parties may be encouraged to try ADR
appeals from the country court
- if the og decision was made by a District Judge, e.g. in the Small Claims Court, an appeal will be heard by a single Circuit Judge of the same court.
- if the original decision was made by a Circuit Judge, an appeal can be made to a High Court Judge of the Division that is relevant to the case. e.g. if the claim is for personal injury, an appeal will be made to a judge of the Queen’s Bench Division.
- an appeal can be made directly to the Court of Appeal if the case raises an important point of principle or practice, and the Court of Appeal agrees to hear it.
appeals from the high court
- An appeal from a decision of a High Court Judge will generally be heard by the Court of Appeal (Civil Division).
- If one of the parties wishes to appeal further, it can be taken to the Supreme Court, but only if permission is granted by the Court of Appeal. The Supreme Court is the highest court for hearing civil appeals, and permission will only be given if there is a point of law of general public importance involved.
- In rare cases, a ‘leapfrog’ appeal may be made directly from the High Court to the Supreme Court if there is an issue of national importance involved, or the case raises issues of sufficient importance to justify the leapfrog.
tribunals…
