Civil Courts Flashcards
County Court
- Business’s trying to recover money owed
- Individuals seeking compensation for injuries
- Land owners seeking orders to prevent trespassing
High Court
KBD - Deals with majority of work, tort and contract cases that are not suitable for county, mostly hear multi track, and some judicial review cases and criminal appeals
Chancery Division - Deals with tax, property and bankruptcy
Family Division - Hears cases involving matters such as adoption, wills, divorce and child custody
Pre-trail procedure
-C sends D a letter to explain to explain why D id at fault, including details of the injury
-D has 14 days to investigate and explain if they accept or deny liability
-Parties agree on expert witness if required
-Failure to complete may result in liability for certain costs
Issuing the claim - C completes an N1 form, the court will then allocate it onto a track, this can cost between £30 and £1700
Small Claims
-Claims under £10000, personal injury £1000
-Hears in a county court by a district judge who takes on active part in the proceeding
-No legal aid is given, parties encouraged to represent themselves
Fast Track
-Claims between 10k and 25k, personal injury under 25k
-Heard in county court by a circuit judge
-Straightforward, strict timetable, aim to hear within 30weeks, hearing is limited to one day
Multi Track
-Claims over 25k or more complicated cases
-Claims between 25k and 50k heard in county court by a circuit judge
-Claims over 50k heard in the high court by a puisne judge who sets the timetable