civil courts Flashcards
what does jurisdiction mean
The Right to Hear Legal Cases
is there are jury in civil cases
no- the judge decides the outcome
what should a claimant do if they want to pursue a claim through civil courts (choice of either 2 things)
Complete a “Money Claim Online” form on the HM Courts and Tribunals Service website
Complete an N1 Claim Form and submit it to the Courts
when are the court fees set
when they do the money claim online form or complete the N1 claim form
what are the 2 choices the defendant- one who is being sued- have
Accept the claim and contact the claimant to pay in full or settle the issue outside of court
Dispute the claim within 14 days to take the case to court
how is the case allocated to one of the 4 tracks
the allocation questionnaire
how does the allocation questionnaire work
Completed by both parties to help the District Judge or Master of the High Court to allocate the ‘track’ that the case will be allocated.
This depends on the value of the claim and the complexity of the case.
what does the allocative questionnaire decide
where the case will be heard and what judge will hear it
when a case is put on a ‘track’ what 3 things does this determine
Which court the case will be heard in
Which type of judge will hear the case
How much time the case will be given
what are the 4 types of tracks
Small claims track
Fast track
Intermediate track
Multi track
what are small track cases for
Cases under £10,000 (or under £1,500 for personal injury or landlord/tenant cases)
where are small track cases heard
Heard in County Court by inquisitorial District Judge
Strict time limits (30 minutes)
do smt have legal representation
no
what tracks is there a limit to the number of witnesses
small track
fast track
fast track cases
Cases between £10,000 and £25,000 (or over £1,500 for personal injury or landlord/tenant cases)
Heard in County Court by District Judge or Circuit Judge
Strict time limit of one day per case
Limit to the number of witnesses
Usually heard within 30 weeks of allocation
