Civil Courts Flashcards
What are the two types of Civil Court ?
- Country Court
- High Court
How is it decided which court a civil case goes to ?
Main civil courts are the country court, and the high court, however most cases are heard in the country court, but more expensive or cases which involve more complex areas of the law are tried in the high court.
How many country courts are there ?
200
Which types of cases are heard in the country court ?
The main areas of jurisdiction are all contract and tort claims, all cases for the recovery of land and disputes over trusts and deals with fast track and multitrack cases where allocated
Who will sit in the country court ?
Cases heard by a district judge or a circuit judge, and a jury of eight may also sit.
For which cases will a Jury of eight sit in the county court ?
Cases such as defamation, malicious prosecution or false imprisonment.
How many High Courts are there ?
One high court, however there’s 26 centres across the country, where judges can sit.
Which cases are heard in the High court ?
Can hear any type of civil case, but only claims over £25,000 and complex claims are heard in the high court
What must be stated about the costs of issuing a claim in the court court and the waiting time involved ?
Cases in the High Court are expensive due to lawyers’ fees and court fees, and there are significant delays. The average time between issuing a claim and the trial is about three years and it can
up to £1,000 to issue a claim in the High Court.
What was introduced to try reduce costs in the High Court ?
Hourly trial fees were brought in for High Court Cases from April 2005, in an attempt to control costs.
What three courts exists within the High court ?
-Kings Bench Division
-Chancery Division
-Family Division
Which type of civil case do the KBD of the High Court hear ?
It deals with contract and tort over £100k,
Who sits to hear civil cases in the KBD ?
Cases are usually tried by 1 judge, however a jury of 12 can also be used in some cases
When is a jury of 12, used to hear civil cases in the KBD ?
Cases involving fraud, libel, slander, malicious prosecution and false imprisonment.
What is the role of the administrative court within the KBD in civil courts ?
Supervises the lawfulness of the conduct of national and local government, of inferior courts and tribunals and other public bodies through judicial review.
What type of civil cases do the Chancery division of the High Court hear ?
It mainly deals with insolvency, mortgages, trusts, copyright, patents, intellectual property and probate.
Which other court is within the Chancery Division of the High Court, and what do they deal with ?
Special “Companies Court” which
mainly deals with winding up companies.
Who sits to hear civil cases in the Chancery division of the High Court ?
A judge, a jury is never used in the Chancery Division ?
What civil cases do the Family division of the High Court deal with ?
It hears family cases where there is a dispute about which country’s laws should apply and all international cases concerning family matters under the “Hague Convention”. It can also hear cases which can be dealt with by the Family
Court.
