Civil Courts

Question 1

What are civil cases?

Answer 1

The concern disputes between individuals usually wear an individual or a business thinks that someone has infringe their legal rights in someway

Question 2

What is jurisdiction?

Answer 2

Means the power of each court has to deal with the certain type of case

Question 3

What are the county court cases?

Answer 3

Business towing to recover money they have owed
Individuals seeking compensation for injury
Landowners seeking order that will prevent trespass
His vast majority of civil cases

Question 4

What are the high court divisions?

Answer 4

Chancery division
Kings bench division
Family division

Question 5

What is the Kings bench

Answer 5

Majority of work, taught and contrast cases not suitable for county court – his criminal appeals and judicial review cases

Question 6

What is chancery division?
Cases

Answer 6

Tax, property, wills and probate and bankruptcy cases

Question 7

Family division cases

Answer 7

Disputes under Hague convention – adoption, divorce, Will and child custody

Question 8

What are most family cases now dealt with?

Answer 8

Dealt with the separate county court following crime and court act 2013

Question 9

What are the pre-action protocol?

Answer 9

Are rules about what the parties must do even before court proceedings are issued

Question 10

What does the personal injury reaction protocol require?

Answer 10

Letter of claim – set out defendant is at fault, nature of injury
Defendant has three months to investigate and admit liability or explained to claimant why liability is denied
Parties agree on expert witness if required
If either party does not comply, then they can be penalised when it comes to the issue of paying the costs at the conclusion of the claim
If the dispute cannot be settled, the claimant can issue proceeding by completing form N1

Question 11

The court will allocate it to 3 tracks what is a track?

Answer 11

Attract in the name for the different set of rules that are applied to different types and values of claim

Question 12

What are the track?

Answer 12

Small claim track
Fast track
Multitrack
Intermediate track

Question 13

What is the small claim track?

Answer 13

Claims under 10,000 or personal injury cases under 1000
County Court
District judge
Cannot recover cost
Legitimate in person

Question 14

Fast track

Answer 14

10,000–25,000
personal injury cases between 1000–25,000
County Court
Circuit judge
30 week timetable to trial – only one joint expert allowed – trial Limited to one day

Question 15

Multitrack

Answer 15

Over 25,000 or more complex

Cases up to 50,000 – County Court – circuit judge

Cases over 50,000 – High Court – puisne judge

Judge Seth’s timetable to trial
No limit on experts – evidence may be more detailed

E.g. neglect of children – clinical negligence – human rights issue – those involving harm – vulnerable adults

Question 16

Intermediate track

Answer 16

Cases of 25,000 – to 100,000
Circuit judge

Question 17

Case heard by district judge

Answer 17

The appeal is made to A circuit judge

Question 18

A case heard by circuit judge

Answer 18

The appeal is made to a High Court judge

Question 19

When our second appeals made

Answer 19

Me to court of appeals and only in exceptional circumstances

Question 20

S55 access to justice act 1999 – not unless

Answer 20

A – the appeal would raise an important point of principal or practice
B – that is some other compelling reason for the court of appeal to hear it

Question 21

On occasion there can be a leapfrog appeal from the High Court what is a leapfrog?

Answer 21

Appeal under – administration of justice act 1999 – if the Supreme Court gives permission point of law of general public importances

Question 22

Advantages of civil courts

Answer 22

The fair process – cases are treated alike and heard by impartial judges
Parties can also peel if they are not happy with the judges decision
This means that the civil Court are proceeding just
Decisions of the court are binding in law if a party does not comply the courts decision can be enforced by starting enforcement proceedings
This is not the case for most forms of alternative dispute resolutions
The binding nature of court proceeding encourage the parties to Negotiate seriously and look to settle cases where possible
The parties have the right to appeal against the decision of the court
Advantage compared to negotiation, medication or conciliation where no appeal is available – however if the party that appeals is unsuccessful, there are bound to comply with the courts decision

Question 23

Disadvantages of civil courts

Answer 23

Often the cost of proceeding the trial are far greater than the amount being claimed
High Court cases in particular can run too many thousands of points in costs
However, the rule that the loser must pay the winners cost can be argued to encourage the early settlement of disputes
Court proceedings can be very slow with many procedural steps to go through therefore issues are resolved – however this position is improving
Taking a case to court carry significant insert and he with it as there is no guarantee of winning at trial no matter how strong case me up on paper

Question 24

Negligence

Answer 24

Failure to take proper care over something – breach of a duty of care which result and damage

Question 25

Landlord
Tenant

Answer 25

The owner of the property that is leased or rented

A person who occupies land or property rented from landlord

Question 26

Contractual disputes

Answer 26

Disagreement between the parties to contract

Question 27

What does judicial review mean?

Answer 27

A type of court proceeding in which a judge refused the lawful nurse of a decision or an action made by public body

Question 28

Claimant

Defendant

Answer 28

person issuing a claim

Defending the claimant or being sued

Question 29

What is the courts of first instance?

Answer 29

Well, the trial of first held/heard

Question 30

What is jurisdiction?

Answer 30

The official power to make legal decisions and judgement

Question 31

Kings bench division in more detail

Answer 31

It deals with contract and top cases where the amount claim is over 100,000 through it can hear smaller claims where is an important point of law
Cases are normally tried by a single judge but there is a right to jury a trial for fraud Lebert slander, malicious prosecution and false imprisonment cases
Jury rally used
12 members

Question 32

Chancery Division in more detail

Answer 32

Insolvency both for companies and individuals
Enforcement of mortgages
Disputes relating to trust property
Copyright and patents
Intellectual property matters
Contested probate actions
Case heard by single judges

Question 33

Family division in more detail

Answer 33

Family cases were there is a dispute about which countries law should apply and all in nation cases concerning family matters under the hay convention. In addition it can hear cases which can be dealt with
family court cases are heard by single judges.
The crime and court at 2013 created a new separate family court

Question 34

What is an appeal?

Answer 34

Is when a party to civil case is dissatisfied with the court decision and request a higher court review the earlier decision

Appeal depends upon the level of judge hearing the case

Question 35

Appellate jurisdiction meaning

Answer 35

The authority a court has to hear an appeal against the decision made by a lower court

Question 36

Case stated meaning

Answer 36

And application is made to the magistrates/district judge to state for the opinion of the High Court on a matter of law

Question 37

Leapfrog procedure

Answer 37

For appealing direct to the Supreme Court from the High Court or a divisional court bypassing the court of appeal