Civil Courts Flashcards
Jurisdiction of County Courts
Most civil claims up to £100 000 in value
Such as contract, tort, recovery of land, negligence, nuisance and bankruptcy.
Also small claims track, fast track and multi track cases.
Claims can be filed wherever (Over 200 district County Courts)
Judge reads papers before hearing, listens to evidence?legal arguments in court and decides liability and other remedies - such as an injunction.
Jurisdiction of High Courts
High court judge, heard in open court, with single judge.
Royal courts of justice in london - but filed in any of 20 local district registries
Judge reads papers before hearing and listens to evidence/legal arguments in court and decides compensation. costs and other remedies.
There are three divisions - King’s bench division, Chancery, and Family
Jurisdiction of KBD (kings bench division)
KBD is the largest division and mainly contracts and torts cases over £100 00 or complicated areas of law.
They deal with personal injury, negligence and defamation.
It includes specialist courts such as the administrative courts for judicial review.
Jurisdiction of the Chancery division
This division deals with business and property/land related disputed over £100 000.
Also deals with competition laws, intellectual property and probate
and the specialist courts in this division include the insolvency and companies list.
Jurisdiction of Family Division
Family division is often heard in private and deals with the welfare of children cases under the CHILDREN ACT 1989
Appeals from Family proceedings court in magistrates court, such as complicated matrimonial cases from county court.
Also deal with cases with foreign element - international child abduction, forced marriage and FGM
Pre - trial procedures for civil courts case
Courts should be last resort in civil cases - so ADR should be done first.
Claimants makes the claim and must complete ‘Money Claim Online’ or on HM courts and tribunals service website.
Courts fees will then be set.
What two choices do the D have when being sued?
Accept the claim and contact the claimant to pay in full or in instalments, or to offer a settlement outside of court (so no court case happens)
Dispute the claim within 14 day, explaining reasons (takes the case to court)
File an Acknowledgement of Service to confirm receipt but that more time needed
IF D DOES NOT RESPOND, C CAN REQUEST JUDGEMENT IN DEFAULT AND WINS
How is case allocated?
Case is then allocated to one of the three tracks using an Allocation Questionnaire:
Completed by both parties
Helps District Judge or Master of the High Court to allocate to a track
Depends on the value of the claim and complexity of the case
This decides where the case will be heard and by what type of judge
Could be Small Claims Track (under £10,000), Fast Track (£10,000-£25,000), or Multi Track (Over £25,000 or complex area of law)
What is a small track claim?
Cases under £10,000 (or under £1,000 for personal injury or landlord/tenant cases)
Heard in County Court by inquisitorial District Judge
Strict time limits (30 minutes/2-3 hours); Limit to the number of witnesses
No legal representation needed
What is a fast track claim?
Cases between £10,000 and £25,000 (or over £1,000 for personal injury or landlord/tenant cases)
Heard in County Court by District Judge or Circuit Judge; lawyers allowed
Strict time limit of one day per case; Limit to the number of witnesses
Must be heard within 30 weeks of allocation (hence Fast Track) if not, case can get thrown out or judgement made in default against the party causing the delay
What is mulit track claim?
Cases over £25,000, or cases worth less but involving a complex point of law
Heard in County Court with a Circuit Judge OR heard in High Court with High Court Judge if case is complex or worth over £50,000, or in a particular specialist area dealt with by specialist courts in the High Court
Judge actively manages the case – sets a timetable, states what needs to be disclosed, decides the number of witnesses and sets the trial time
