Civil courts Flashcards
what is the jurisdiction of county court
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
what are the three divisions of the high court
kings bench
chancery
family
what is the general jurisdiction of the high court
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
kings bench jurisdiction
contract and tort matters where claims for damages are over £50,000
negligence
breach of contract
defamation
chancery division jurisdiction
business and property disputes
intellectual property claims
insolvency and probate claims
family division jurisdiction
all matrimonial matters
children’s act 1989 cases
cases under the child abduction and custody act 1985
pre-action protocols
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
small claims court
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
fast track
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
intermediate track
for claims between 25000-100,000
trial is no longer than 3 days
oral expert evidence is limited to 2 per party
multi-track cases
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
grounds for appeal
error of law
error of fact
procedural unfairness
small claims appeal
circuit judge in county court
fast track appeal
usually to a circuit judge in county court but if complex it will go to the high court
multi-track appeals
either the high court or the court of appeal depending on the complexity
appeals from the high court
to appeal to the CoA an appellants notice must be submitted within 21 days of the decision
leapfrog appeal
an appeal from the high court to the Supreme Court can be made if there is an issue of national importance