civil courts Flashcards
Describe the jurisdiction of the civil courts and how the track system works (8 marks)
1st instance civil courts, the court that hears the case is determined by the value of the case =
- county courts = personal injury cases below £50,000 and other cases below £100,000
- high court = personal injury cases above £50,000 and other cases above £100,000
tracks :
- small claims track = personal injury below £1000 and other cases below £10,000,
informal hearing in judges chamber
always County Court
- fast track = personal injury over £1000 and other cases between £10,000-£25,000
very strict fixed time table and trial only one day, aim to prevent wasting time and running up unnecessary costs
always County Court
- Intermediate Track = cases of £25,000 - £100,000
trial should be no longer than 3 days
always heard in County Court
- Multi-track = all claims over £100,000
flexible approach with no limits on trial length
always heard in High Court
describe the appeal process from the County Court and High Court (8 marks)
- Either party can appeal against finding of liability and/or amount of damages
County Court Appeals.. - If heard by District Judge goes to Circuit Judge
- If heard by Circuit Judge goes to High Court Judge
- There is the possibility of a further appeal to the Court of Appeal: Civil Division, but only in exceptional circumstances
(no appeal to Supreme Court allowed)
High Court Appeals.. - first appeal usually to Court of Appeal: Civil Division
- Supreme Court (point of law of general public importance)
- in rare cases there may be a “leap from” directly to Supreme Court
advantages of using courts to resolve disputes
- guaranteed resolution
- appeals possible
- public funding available
guaranteed resolution
- judge’s decision is final and binding on both parties (although there is a right of appeal)
- major advantage over many forms of dispute resolution where a resolution is not guaranteed
appeals possible
- appeal process in place so if either party is unhappy with verdict they can appeal
- most forms of dispute resolution have no appeals process
public funding available
- funding available for many civil cases, meaning an eligible claimant can bring a case without having to pay the costs themselves
- helps provide access to justice for even the most disadvantaged members of society
disadvantages of using courts to resolve disputes
- publicity
- expensive
- delays
publicity
- majority of court cases are public
- may be undesirable for some parties, especially in the case of business disputes, and may add to their stress and embarrassment
- where as DR are private
expensive
- costs may be huge ; lawyers fees, court fees, costs payable to other party if you lose, plus other expenses
- costs can exceed the amount claimed meaning its not always worth while
- where as DR is cheap
delays
- cases take months or even years to come to court
- for larger claims the normal wait for a court date is around a year
pre-trial procedures for small claims track (8 marks)
- always in County Court
- claims under £1000 if personal injury or £10,000 for everything else
- always starts with sending a completed claim form to appropriate court
- next stage is particulars of claim - sets out the detailed circumstances of the incident and damage being claimed for
- once court has received both claim form and particulars, the documents will be served on the D
- D has 14 days to respond
- if accept then case is over without going to court
- if deny then an allocation questionnaire must be submitted
- parties then check they have followed any pre-action protocols
- pre liminary hearing arranged to see if there is any chance a case can be settled
- if settlement reached this hearing will be treat as a final hearing, if not, a date will be set for final hearing
- always in judges chambers - informal
describe pre-trial procedures for fast track (8 marks)
- always in County Court
- claims over £1000 if personal injury or £10,000 for everything else and up to £25,000
- always starts with sending a completed claim form to appropriate court
- next stage is particulars of claim - sets out the detailed circumstances of the incident and damage being claimed for
- once court has received both claim form and particulars, the documents will be served on the D
- D has 14 days to respond
- if accept then case is over without going to court
- if deny then an allocation questionnaire must be submitted
- parties the check they have followed any pre-action protocols
- Judge then sets strict fixed timetable
- trials will be with a judge in a court room - formal
- limited to 1 day and 1 expert per party
describe pre-trial procedures for the multi-track (8 marks)
- cases heard in the high court
- claims over £100,000
- always starts with sending a completed claim form to appropriate court
- next stage is particulars of claim - sets out the detailed circumstances of the incident and damage being claimed for
- once court has received both claim form and particulars, the documents will be served on the D
- D has 14 days to respond
- If accept then case is over without going to court
- If deny then an allocation questionnaire must be submitted
- judge then manages the case as appropriate
- trial in a court room
- no limits on time and experts
