Civil Courts Flashcards
civil law resolution options
• parties resolve issues by negotiating or using other forms of dispute resolution eg. mediation.
• If resolution isn’t achieved here, then parties may want to go to court (last resort)
two courts that hear civil cases firstly
County Court
High Court
High Court: Queen’s Bench Division
Oversees major contract and tort cases over £100,000 and smaller claims with legal significance. Single judge presides, but juries possible for certain cases like fraud and defamation.
Other courts include Commercial (insurance and banking), Admiralty (shipping), and Administrative (government conduct).
High Court: Chancery Division
Covers insolvency, mortgages, trusts, copyright, patents, and probate disputes. Includes Companies Court for winding up companies. Single judge trials, no juries.
High Court: Family Division
Deals with international family law disputes. Basic family matters heard in the Family Court unless complex or significant. Single judge trials, no juries.
process of starting a civil court case
Pre-action protocols > Which court to use? > Issue a claim (or defend a claim) > Which track to use?
pre-action protocol
Parties encouraged to share information to avoid unnecessary court cases. Failure to comply may result in liability for court costs.
which court to use?
Small claims track:
Claim for £10,000 or less
Personal injury claim for £1,000 or less
County Court:
Claim for £100,000 or less
Personal injury claim for £50,000 or less
Claim for over £100,000
High Court or County Court :
Personal injury claim for over £50,000
issuing a claim
Claimants can use the county court, with 200 options, or the High Court, with London or one of 20 District Registries. They file using an ‘N1’ claim form.
fee: £25- several hundred pounds
defending a claim
• Admit the claim and pay (without going to court)
• Dispute the claim and defend (using the N9 form or acknowledgment of service)
small claim (track)
Claims under £10,000 (or under £1,000 for personal injury) are heard in private court, with parties encouraged to represent themselves as legal costs are not awarded.
fast track (track)
Cases between £10,000 and £25,000 have strict timetables to control costs and are heard by a Circuit judge in open court within about 50 weeks.
multi-track (track)
Complex cases or those over £25,000 lack a standard procedure; judges manage them to control costs.
leapfrog appeal (appeal route)
Leapfrog appeals are granted in rare instances, typically involving matters of national importance or significant legal issues.
advantages of using the courts
Impartial judge, legal experts, clear appeals, and limited legal aid due to cuts.
