CIVIL COURTS Flashcards
COURTS OF FIRST INSTANCE
The county court and High court
Woolf Reforms
Simplified procedure
Better case management
ADR is encouraged, can postpone for 1 month to attempt to settle with ADR. Halsey v Milton Keynes, can’t be forced to do ADR.
TRACK SYSTEM
Small claims = up to £10,000, tried in small claims court
Fast track = between £10,000 and £25,000, tried in county court
Multi-track = cases above £25,000, tried in county court or high court
APPEALS - HIGH COURT
Each division (King’s bench, family, chancery) has an appellate division (I.e. Family Divisional Court).
Hears appeals from the county court.
APPEALS - COURT OF APPEAL
The head is called the ‘Master of the Rolls’. Hears appeals from all lower courts inc. the Tribunal Service. A minimum of three judges sit. Requires leave to appeal.
APPEALS - SUPREME COURT
Hears cases that are certified as either involving a point of law or being of general public importance. Only ~50 cases heard per year. Requires leave to appeal.
LEAPFROG
Cases can ‘leapfrog’ from the High Court to the Supreme Court. Supreme Court must give permission.
PRE - WOOLF REFORMS
Expensive, long delays, unjust, complex, adversarial