civil courts Flashcards
pre trial procedures (what are the 2 choices for the first step)
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
what is set at this point
court fees
what are the 2 choices the defendant has
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
what is the Allocation Questionnaire
(this is done next)
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 decides where it will be heard and by what judge
what does this depend on
the value of the claim and the complexity of the case
what are the 4 tracks
Small claims track
Fast track
Intermediate track
Multi track
describe a small claims track (5 points)
Cases under £10,000 (or under £1,500 for personal injury or landlord/tenant cases)
Heard in County Court by inquisitorial District Judge
Strict time limits (30 minutes)
Limit to the number of witnesses
No legal representation needed
describe a fast claims track (5 points)
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
describe a intermediate track case (2 points)
new track introduced in 2013
Cases between £25,000 and £100,000 that are not complex so do not need to go into Multi Track
Covers cases which are simple enough to be triable within 3 days and have 2 or fewer expert witnesses
describe a multi track case (4 points)
Cases over £100,000
OR cases over £25,000 but too complex to be resolved on the intermediate track, or dealing with human rights, police or harm to children
Heard in County Court with a Circuit Judge
OR heard in High Court with High Court Judge if case is complex or worth over £50,000, or in a particular specialist area dealt with by specialist courts in the High Court
Judge actively manages the case – sets a timetable, states what needs to be disclosed, decides the number of witnesses and sets the trial time
whats the county court jurisdiction for (3 points)
Jurisdiction for contract, tort, recovery of land of any value, partnerships and trusts, inheritance up to £30,000, divorce and bankruptcy matters
Small Claims track, Fast track, Intermediate track and Multi track cases can be heard here.
There are over 200 District County Courts and the claim can be filed in whichever court the claimant prefers.
whats the high court jurisdiction split into (the 3 courts)
kings bench division
chancery division
family division
what does thus kings bench division deal with when it comes to civil cases (3 points)
Contract and tort matters mainly, over £50,000 or very complex
Personal injury, negligence, breach of contract, defamation, non-payment of a debt, possession of land or property
Administrative Court deals with applications for judicial review and appeals By way of Case Stated from the criminal courts
what specialty courts does this include (4)
Commercial Court
Admiralty Court
Circuit Commercial Courts
Technology and Construction Court
what does commercial court deal with
trade, commerce, banking, insurance, finance
