Civil Courts Flashcards
What does hierarchy mean in the context of civil courts?
Seniority and the way in which lower courts defer to superior courts
What is the purpose of an appeal in the court system?
To request a review of a case by a more senior court
What three aspects broadly define jurisdiction?
- Geographical location
- Subject matter
- Financial value
What percentage of the population lives within one hour’s drive of a court according to the Ministry of Justice?
97%
Where is the Supreme Court of the United Kingdom located?
Parliament Square in Westminster, London
What is the role of the Crown Court?
Deals with family matters
Name the three elite courts at the pinnacle of the centralised justice system.
- Supreme Court
- Court of Appeal
- High Court
Fill in the blank: The _______ is part of the High Court responsible for a particular category of cases.
Chancery Division
True or False: County courts are always located in rural areas.
False
What has happened to the number of courts in the UK between 2010 and 2019?
The number of courts has declined sharply
How many county courts closed between 2010 and 2019?
90 out of 240 county courts
What is the typical financial value threshold for claims to commence in the County Court?
£100,000 or less
What type of claim might a cleaner injured in a hospital claim for?
Personal injury claim
What is the significance of the case example of the NHS cleaner’s claim?
- Geographic logic for claim initiation
- Type of claim appropriate for County Court
- Financial reach of County Court
What types of cases do County Courts typically handle?
- Debt recovery
- Personal injury
- Medical negligence
- Business disputes
- Property disputes
What does the Civil Procedure Rules (CPR) dictate about claims over £100,000?
Claimants have a choice to commence in either the County or the High Court
What is the estimated number of courts in the justice system of England and Wales?
Approximately 220
Fill in the blank: The _______ is a tribunal that deals with appeals regarding gangmaster licensing.
Gangmaster Licensing Appeals body
True or False: The workload of the court system has decreased in recent years.
False
What was the caseload of County Court claims in 2010?
1.5 million County Court claims
What has been a recent trend affecting tribunal claims?
Decline due to increased fees for applications
What is the role of the Judicial Committee of the Privy Council?
A sort of glorified Supreme Court for the Commonwealth
What does the term ‘access to justice’ encompass?
- Ability to instruct a lawyer
- Affordability of legal services
- Proximity of courts
What types of cases do County Courts typically handle?
County Courts handle cases such as:
* Debt recovery and money claims
* Personal injury and medical negligence
* Disputes over business relationships
* Arguments over wills
* Insolvency situations
* Property disputes
* Mortgage repossessions
* Claims under the Consumer Credit Act 1974
* Enforcement of court orders
The nature and activity of surrounding society influence the workload of County Courts.
What are the three financial categories of County Court cases as defined by the CPR?
The three financial categories are:
* Small Claims track (up to £10,000)
* Fast Track (£10,000 - £25,000)
* Multi Track (above £25,000)
Each category has different timelines and processes for resolution.
What is the first stage in the typical progress of civil litigation?
Pre-action stage
The claimant makes initial investigations and writes a formal letter to the defendant outlining the claim.
What happens during the ‘Commencement’ stage of civil litigation?
The claimant issues and serves proceedings with a Claim Form if there is no compromise between the parties.
This marks the formal start of legal proceedings.
What is the purpose of the ‘Allocation’ stage in County Court cases?
The County Court allocates the claim to the Small Claims, Fast Track, or Multi Track based on its value.
Higher value claims with greater complexity are usually heard in the High Court.
What does a judge do at the ‘Judgment’ stage of a trial?
The judge makes a decision and confirms the sum payable by the loser to the winner.
A winning claimant expects to receive damages and costs, while a winning defendant seeks just costs.
True or False: An appeal from a district judge goes to a circuit judge of the County Court.
True
Appeals from a circuit judge are made to the High Court.
What is required for an appeal to take place?
An appeal can only take place by permission.
This permission is usually granted by the court being appealed.
What is the overriding objective of the CPR regarding appeals?
To ensure proportionality and efficiency in the conduct of litigation.
Appeals should focus on the nature of the decision rather than new evidence.
What are the three divisions of the High Court?
The three divisions are:
* Queen’s Bench Division (QBD)
* Chancery Division
* Family Division
Each division has specialized areas of law it handles.
What types of cases does the Queen’s Bench Division (QBD) handle?
The QBD handles:
* Contractual and tort matters
* Breach of contract disputes
* Personal injury claims
* Clinical negligence claims
It includes various specialist courts such as the Commercial Court and Admiralty Court.
What is the main focus of the Chancery Division?
The Chancery Division focuses on equitable concepts and fairness in legal remedies.
It covers intellectual property, wills and trusts, and business disputes.
Fill in the blank: The Family Court deals with the protection of _______.
[children]
It also handles divorce petitions, violence remedies, and adoption cases.
What is the procedure for appealing from the High Court?
The appellant should apply for permission from the original court or the Court of Appeal within the specified time frame.
The notice should be served on the respondent within seven days after filing.
What is an example of a case that illustrates the appeal process?
Regeneron Pharmaceuticals Inc v Kymab Ltd [2020] UKSC 27.
This case involved a patent dispute over genetically modified mice.
What is the significance of using mice in antibody development?
Mice are suitable platforms for the development of antibodies due to ethical constraints preventing the use of humans.
Mice have been used for medical research to develop treatments for diseases and illnesses.
What were the outcomes of the Supreme Court’s decision in the Kymab case?
The Supreme Court allowed Kymab’s appeal, reversing the Court of Appeal’s decision and ruling that Regeneron’s patent was insufficient, leading to no infringement.
This decision highlights the complexities involved in high-value intellectual property litigation.
What is a right of audience in the legal system?
A right of audience is the entitlement to make submissions in court.
This right is crucial for ensuring a properly functioning democracy.
What are the basic presumptions regarding who can make submissions in court?
- Everyone should have their case presented orally by an advocate
- Professional advocates must be qualified and regulated
- Litigants in person can address the court themselves
- Courts are skeptical of unqualified third parties advocating for others
True or False: Courts allow unqualified individuals to advocate on behalf of litigants in person without restrictions.
False
Courts are generally reluctant to allow unqualified third parties to advocate due to concerns about integrity and procedure.
What is the purpose of the Legal Services Act 2007 in relation to rights of audience?
The Act provides the statutory basis for rights of audience, stating that it is a reserved legal activity and outlines who can exercise these rights.
It specifies that only authorised individuals, typically solicitors or barristers, can have a right of audience.
What is a litigant in person?
A litigant in person is an individual who conducts their own advocacy in court without a qualified lawyer.
This often occurs due to financial constraints or a desire to avoid lawyers.
What are the three types of tribunals mentioned?
- Local authority-administered tribunals
- Government department-run tribunals
- Tribunals administered by HMCTS
What is the structure of the two-tier tribunal system administered by HMCTS?
The system consists of a First Tier and an Upper Tribunal, both of which are split into chambers.
Each chamber has specific jurisdictions, some covering the entire UK and others limited to specific regions.
What are some key chambers within the First Tier tribunal?
- Social entitlement (social security and child support)
- Health education and social care
- General regulatory matters
- Tax
- Immigration and asylum
- Employment matters
What is the role of employment tribunals?
Employment tribunals resolve disputes between employers and employees, chaired by a judge who provides legal guidance.
They address issues such as unfair dismissal and workplace safety.
Fill in the blank: The legal system of England and Wales recognizes the importance of _______ matters within the democratic model.
employment
What does the case of Curless v Shell illustrate about tribunals?
It demonstrates how employment tribunals operate and the subject matter of some disputes.
This case provides insights into the functioning and significance of employment tribunals.
What are the three areas of interest highlighted in the case of Curless v Shell [2019]?
- How employment tribunals operate
- Subject matter of some disputes
- The role of the lawyer
In Curless v Shell, what was the central dispute regarding the email?
Whether the email benefited from privilege, meaning it should remain confidential between the lawyer and client
What was the outcome of the initial tribunal ruling in Curless v Shell regarding the email?
The tribunal held the email was privileged and rejected the applicant’s claim
What did the Employment Appeal Tribunal (EAT) decide in Curless v Shell?
The EAT upheld the applicant’s appeal
What was the final decision made by the Court of Appeal in Curless v Shell?
The Court of Appeal reversed the EAT’s decision and declared Shell to be correct
What does the tribunal system allow regarding dispute resolution?
Matters can be resolved by a panel that includes non-lawyers
What is the primary role of lawyers within the tribunal system?
Providing legal advice and ensuring the confidentiality of communications
What is the significance of solicitor-client privilege in the legal system?
It protects the privacy of legal advice, essential for fair representation
What are the two divisions of the Court of Appeal?
- Civil Division
- Criminal Division
What types of appeals does the Civil Division of the Court of Appeal hear?
- Appeals from the High Court
- Appeals from the Family Court
- Appeals from tribunals
What is the composition of the Supreme Court in terms of justices?
There are 12 justices, usually five sit on a panel
What factors determine the number of justices on a Supreme Court panel?
- Departing from a previous decision
- Cases of high constitutional importance
- Cases of great public importance
- Conflict between previous decisions
- Important points related to the ECHR
What is a ‘leapfrog’ appeal?
An appeal that skips the Court of Appeal and goes directly to the Supreme Court
What is the test for allowing an appeal to the Supreme Court?
The matter must raise an arguable point of law of general public importance
What is the function of the Judicial Committee of the Privy Council (JCPC)?
Hears appeals from Commonwealth countries and overseas territories
What are the categories of individuals that make up the Privy Council?
- Government ministers
- Senior opposition politicians
- Judges
What types of matters does the JCPC hear?
- Appeals from regulatory bodies
- Domestic disputes
- Commonwealth appeals
- Appeals from overseas territories
What is the requirement for bringing a matter before the JCPC in civil cases?
The case must raise a point of general public importance
What is the nature of decisions made by the JCPC?
Decisions are persuasive rather than binding
What is the significance of the JCPC in relation to the Commonwealth?
It serves as a court of last resort for citizens with doubts about local justice
What is a key aspect of the JCPC’s procedure?
Hearings are in open court, and dissenting opinions are allowed
What types of cases did the JCPC rule on in 2019?
- Company liquidation law in the Cayman Islands
- Unfair dismissal in the Caribbean
- Police investigatory matters in Jamaica
