Civil courts Flashcards

1
Q

what is the jurisdiction of county court

A

contract, tort, recovery of land to any value
partnerships, trusts, inheritance up to £30,000
divorce and bankruptcy
small claims, fast track and some multi-track cases

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2
Q

what are the three divisions of the high court

A

kings bench
chancery
family

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3
Q

what is the general jurisdiction of the high court

A

deals with civil cases and appeals of decisions made in lower courts
usually heard by a single judge
in cases of defamation, false imprisonment and malicious prosecution a jury will be used

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4
Q

kings bench jurisdiction

A

contract and tort matters where claims for damages are over £50,000
negligence
breach of contract
defamation

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5
Q

chancery division jurisdiction

A

business and property disputes
intellectual property claims
insolvency and probate claims

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6
Q

family division jurisdiction

A

all matrimonial matters
children’s act 1989 cases
cases under the child abduction and custody act 1985

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7
Q

pre-action protocols

A

N1 form - starts the claim - sets out the particulars of the case, insurance forms, witness statements etc.
N150 form - deals with tracking via the allocation questionnaire

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8
Q

small claims court

A

claims less than £10,000 or £1,500 for personal injury
heard in county court by a district judge
between 2-3 hours max allowed with limited witnesses

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9
Q

fast track

A

for claims between £10,000 - £25,000 or 1500- 25000 for personal injury
heard in county court by a circuit judge
1 day with limited witnesses

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10
Q

intermediate track

A

for claims between 25000-100,000
trial is no longer than 3 days
oral expert evidence is limited to 2 per party

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11
Q

multi-track cases

A

for cases over 25,000
start in county court before a district judge
will be sent to high court if complex or over 50,000
strict timetable set

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12
Q

grounds for appeal

A

error of law
error of fact
procedural unfairness

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13
Q

small claims appeal

A

circuit judge in county court

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14
Q

fast track appeal

A

usually to a circuit judge in county court but if complex it will go to the high court

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15
Q

multi-track appeals

A

either the high court or the court of appeal depending on the complexity

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16
Q

appeals from the high court

A

to appeal to the CoA an appellants notice must be submitted within 21 days of the decision

17
Q

leapfrog appeal

A

an appeal from the high court to the Supreme Court can be made if there is an issue of national importance