civil courts

Question 1

what’s a civil case?

Answer 1

2 individuals against each other
- claimant vs defendant

Question 2

What are the problems of using civil courts for ordinary people?

Answer 2

• expensive
• long waits
• rare to get legal aid
• loser pays winners court costs
• intimidation of courts

Question 3

what are the 2 civil courts of FIRST INSTANCE?

Answer 3

• county court
• high court

Question 4

The county court can try most civil cases. Typical cases are:

Answer 4

• Negligence (e.g you’ve suffered a loss or injury because of someone’s failure)
• Nuisance or trespass
• Debt claims or consumer claims
• Housing claims
• bankruptcy

Question 5

the hearings are… and …..

Answer 5

private and informal

Question 6

claimants and defendants are usually represented by…

Answer 6

a solicitor, but sometimes by a barrister

Question 7

cases in county court are heard by…

Answer 7

a circuit judge, but it could be a recorder or a district judge

Question 8

At the end of the case, the judge will decide:

Answer 8

• Liability i.e which side wins
• The compensation to be awarded
• Any other suitable remedy like eviction
• Who should pay the costs of the case.

Question 9

Small claims is part of the…

Answer 9

county court

Question 10

small claims hears…

Answer 10

& hears contract & tort cases worth up to €10,000 & personal injury cases up to £1,000.

Question 11

small claims court is…

Answer 11

It is a much less formal procedure where the judge asks both sides questions.

• There is a strict time limit for cross examination of witnesses.
• Parties usually represent themselves so keeping costs down.
• The judge is a district judge.
• Cases last 2-3 hours & witnesses will be limited

Question 12

what cases does the High Court deal with?

Answer 12

It hears complex multi track cases.

Question 13

who hears high court cases?

Answer 13

Cases are heard by a High Court judge.
Rarely, a jury can sit.

Question 14

The High Court is divided up into 3 divisions & each division has JURISDICTION to hear certain cases
what are the 3 divisions?

Answer 14

• KINGS Bench Division - this is the LARGEST division
• Chancery division
• Family division

Question 15

KINGS Bench Division - this is the LARGEST division

Answer 15

• Administration court - hears appeals from magistrates (summary cases) on a point of law & it hears cases of judicial review ensuring that ministers haven’t overstepped their powers
• Contract & Tort cases over €100,000
• a commercial court e.g banking and insurance cases

Question 16

Chancery division

Answer 16

• Insolvency cases
• Copyright & patents
• Mortgages
• Trusts
• Property disputes
Probate issues

Question 17

Family division

Answer 17

• Wardship cases
• Family matters
• Cases involving children under the Children Act .
• Forced marriage &FGM cases

Question 18

Pre- trial = How do you take a case to court?

Answer 18

if a claimant does wish to go to court he needs to submit a N1 Claim Form naming the defendant & stating their particulars of the claim, including the amount of damages sought.

• A fee is then charged.

The court will send the N1 to the defendant & they are given the opportunity to admit the claim & pay the amount claimed or defend the claim.

If the defendant chooses to defend the claim, he must send an acknowledgment called N9 within 14 days.
- The court will send an allocation questionnaire to both the parties.

If he does neither, the claimant can ask the court to make an order that the defendant pays the money and costs claimed.

Question 19

what does the information on the allocation questionnaire dictate ?

Answer 19

which of the 3 tracks the case will be allocated to

Question 20

Small claims track =

Answer 20

under £10,000 except personal injury which is limited to £1,000 though there are proposals to increase this to £5,000.

Question 21

Fast track =

Answer 21

straightforward disputes of £10,000 - £25,000

Question 22

Multi track=

Answer 22

for cases over £25,000 or complex cases below this amount

Question 23

Appeals from the county court -

Answer 23

if the first hearing was by a district judge, the appeal is to a circuit judge WITHIN the County court.
If a circuit judge sat for the first hearing, then the appeal is to a High court judge.

There is a further appeal possibility to the Court of Appeal under s55 of the Access to Justice Act if the appeal raises an important point of principle or there is some other compelling reason for the Court of Appeal to hear it.

Question 24

The High Court appeals

Answer 24

The normal route of Appeal is to the Court of Appeal - civil division.

In some rare cases you can leapfrog straight to the Supreme Court.
Such an appeal must involve a matter of national importance, so it is rare for this to happen.

Question 25

advantages of using civil courts?

Answer 25

• the decision made is legally binding
• precedent must be followed
• the track system means that cases are allocated to the correct track so that those that can be fast tracked are, and go through the system quickly
• personal injury cases, no win no fee
• there is a clear system of appeals

Question 26

disadvantages of using civil courts?

Answer 26

• loser pays winners costs
• delays, even in the preliminary hearings
• no win no fee, lawyer takes a % of the damages
• need for a lawyer as the procedure is complicated