Civil courts

Question 1

Outline the jurisdiction of the civil courts of first hearing ie the County Court and High Court (in other words what sort of cases do they deal with). This should include coverage of the three tracks.

Answer 1

They deal with many types of civil dispute such as contract and tort, divorce and bankruptcy.
Small claims track, fast track and multi track.

Question 2

What does the small claims track deal with?

Answer 2

Under £10,000, district judges, small claims court

Question 3

What does the fast track deal with?

Answer 3

£10,001 - £25,000, circuit judge, county court

Question 4

What does the multi track deal with?

Answer 4

£25,001 and over, circuit judge in county court (£25,001 - £50,000) and high court judge in high court (£50,001 +)

Question 5

Outline the appeals process from the County Court and High Court

Answer 5

In the high court, it is a court of first instance and also an appellate court. Under the Access to Justice Act 1999 the cases will start in the county court unless pointed otherwise and will be given a track depending on importance/money (small claims, fast, multi) then it will go onto the high court into their 3 divisions known as QB, family and chancery depending on what case it is.

Question 6

What are the advantages of settling a claim through the civil courts

Answer 6

• compulsory process
• the decision reached is enforced
• there is a recognised formal procedure
• legal aid may be available

Question 7

What are the disadvantages of settling a claim through the civil courts

Answer 7

• it can be expensive
• it can be time consuming
• people might dread the prospect of court so they might accept an out of court settlement.

Question 8

What is the access to justice Act 1999?

Answer 8

• Amended the law on appeals in order to restrict the number of appeals allowed to proceed

Question 9

What is the order in which court lies?

Answer 9

County court, then high court in the 3 divisions of chancery, QBD and family, then Court of appeal and finally supreme court.

Question 10

What are the three divisions in high court?

Answer 10

Chancery, family and Queens bench division

Question 11

What does the chancery division deal with?

Answer 11

Cases such as partnership disputes, wills and trusts

Question 12

What does the Queens bench division deal with?

Answer 12

main court, contract and tort cases, multi track cases

Question 13

What does the Family division deal with?

Answer 13

Aspects of family matters such as divorce and adoption

Question 14

What are the 4 courts the CoA hear from?

Answer 14

1. County ( district or circuit)
2. High - first instance
3. High - appeallate

Question 15

Does supreme court have connection with parliament?

Answer 15

No

Question 16

Which court can provide the ‘leap frog’ procedure?

Answer 16

Supreme court from high

Question 17

What can cause the leap frog effect?

Answer 17

1. When the judge is bound by a precedent of the CoA or supreme court
2. Of public importance

Question 18

What is a precedent?

Answer 18

The principle that an inferior court must follow the earlier decision of the higher court

Question 19

What is an appeal hearing?

Answer 19

Where a party to a civil case is dissatisfied with the courts decision and requests a higher court to review the decision