Civil Courts

Question 1

County Court and High Court

Answer 1

Civil cases are heard in the County Court or the High Court
- If the claim is less than 100,000 (50,000 for personal injury cases) claim must be started in the County Court.
- If the claim is more than 100,000 (50,000 for personal injury cases) then claimant can choose whether to start claim in County or High Court.

Question 2

The four tracks

Answer 2

If a case is defended it is allocated to a track:
- Small claims- Claims less than 10,000 (1,000 for personal injury cases).- These are flexible and allows the judge to ask questions of the parties and control the timetable. Costs are not recoverable.
- Fast track- Claims worth 10,000 (1,000 for personal injury cases) to 25,000.- The hearing will be limited to one day. There is a strict timetable for exchange of evidence. Costs are recoverable.
- Multi track- Claims worth over 25,000.- There is no set timetable to exchange of evidence.
- Intermediate track- Claims worth over 25,000 but less than 100,000. Relatively straight forward cases.

Question 3

Appeals from a County Court

Answer 3

• An appeal from a decision by a District Judge is heard by a Circuit Judge.
• An appeal from a decision by a Circuit Judge is heard by a High Court Judge.

Question 4

Appeals from a High Court

Answer 4

• Normally go to the Court of Appeal (Civil Division)
• A ‘leapfrog’ appeal straight to the Supreme Court is possible where there is an issue of national importance or the case raises issues of sufficient importance.

Question 5

Advantages of the civil court process

Answer 5

• Fair process.
• The Judge is a legal expert.
• Easier to enforce the decision.
• An appeal system is available.
• Legal aid is available for some cases.

Question 6

Disadvantages of the civil court process

Answer 6

• Cost.
• Delay.
• Complicated.
• Uncertain.