civil courts Flashcards
1
Q
county court
A
- deals with many types of civil disputes (including tort, contact and divorce)
- generally deals with simple cases and cases involving a smaller amount of money
- usually heard by a district or circuit judge
2
Q
courts of first instance
A
- county and high
- claims are addressed in these courts first and may be decided there
- if the decision is disputed, a party may ask a higher court to reconsider (appeal)
3
Q
high court
A
- deals with more complex cases/those with a larger sum of money
- three divisions: king’s bench, family and chancery
- cases allocated to the multi-track will usually be heard here than the county court
4
Q
king’s bench division
A
- deals with contract, tort and judicial reviews
- consists of 71 judges, headed by the president of the head of the division
5
Q
family division
A
- deals with family law
- consists of up to 19 judges headed by the president of the division
6
Q
chancery division
A
- deals with company law, partnership claims, land law and taxation cases
- consists of 18 high court judges headed by the chancellor of the high court
7
Q
pre-action protocol
A
- a list of things that have to be done
- all types require the parties to give advance warning of the claim to the potential defendant
- aim is to encourage the parties to reach an amicable agreement
8
Q
personal injury cases
A
- county court if less than 50,000
- claimant can choose between county and high court if over 50,000
9
Q
non personal injury cases
A
- county court if less than 100,000
- claimant can choose between county and high court if higher than 100,000
10
Q
issuing a claim
A
- C has to complete an N1 claim form and file it at court with a fee
- court issues a claim by allocating a claim number and they will serve the claim form on the D
11
Q
defending a claim
A
D has several options if served with a claim form:
- admit claim and pay in full
- file an acknowledgement of service within 14 days and a defence within a further 14
- file a defence within 14
- do nothing
12
Q
small claims track
A
- simple cases (small claims court within the county court)
- property damage: 10,000 and under
- personal injury: 1,000 and under (proposals are t
o increase this to 5,000) - flexible
- allows the district judge to ask questions of the parties
- costs not recoverable
13
Q
fast track
A
- straightforward disputes (county court)
- property damage: 10,000-25,000
- personal injury: 1,000-25,000
- strict timetable for exchange of evidence
- aim to have the trial within 30 weeks
- hearing limited to one day/more formal
- costs recoverable
14
Q
multi track
A
- high value but fairly straightforward disputes (county or high)
- all cases over 50,000
- no set timetable for evidence
- judge takes a hands on approach
1. ID issues at an early stage
2. encourages adr
3. deal with procedural steps without attending court
15
Q
civil appeals
A
s55 access to justice act 1999 states appeals can only be made if the COA considers that:
- it would raise an important point of principle or practice
- there is something compelling reason to hear it
- some cases may leapfrog to the SC if the issue is of national importance
