Civil courts

Question 1

What are the two trial courts?

Answer 1

1. county court

2. high court

Question 2

What are the two appeal courts?

Answer 2

1. court of appeal (civil division)

2. supreme court

Question 3

What does the county court do?

Answer 3

• hears cases involving law of tort contract at first instance.
• recovery of land.
• trusts up to £350,000
• One circuit judge or District judge.

Question 4

What are the three divisions in the High Court?

Answer 4

1. Queens Bench Division - contract and tort law - over £100,000 and some smaller complex cases.
2. Chancery Division- copyright, insolvency for companies and contest probate issues.
3. Family division- which country’s law should apply and international family matters.

Question 5

How do cases get allocated to one of the three track?.

Answer 5

• Claims up to £100,000 (PI £1000) are allocated to the small claim track - district judge in county court.
• Claims up to £25,000 allocated to the fast track - heard by circuit judge in county court.
• Claims over £25,000 allocated to the multi track- heard in either county or high court.

Question 6

How do appeals work?

Answer 6

• Move to the next senior judge e.g. District judge to a circuit judge in county court.
• Appeals on point of law.
• From high court to court of appeal or supreme court.
• Leapfrog to supreme court if an interpretation of statute or precedent is needed.

Question 7

What allows leapfrogging to the supreme court?

Answer 7

Administration Justice Act 1969

Question 8

What are the pre trial procedures?

Answer 8

1. pre action protocol.
2. court.
3. making a claim.
4. defending a claim.
5. allocation to a track.

Question 9

What happens during pre action protocol?

Answer 9

• list of what needs to be done.
• details about the claim.
• if D wants to accept claim or defend it.
• if D denies liability, needs evidence.
• if expert evidence is needed parties must negotiate one expert.
• may settle before court.

Question 10

What happens during court?

Answer 10

• If D wants to defend claim and ADR is rejected or has failed.
• £100,000 or less goes to county court.
• £50,000 for personal injury or over- claimant decides court.

Question 11

What happens when making a claim?

Answer 11

• made on a n N1 form from court office.
• claimant can get help from solicitor or the local CAB with filling in the form.
• needs basic info - amount of damages being claimed, dates and times of incident.
• £ copies of form - court, defendant and claimant.
• court fee payable.

Question 12

What are the 3 options for defendant when defending a claim?

Answer 12

1. Admit to the claim - pay full amount + complete admission form.
2. Dispute claim - acknowledgement of service order(N9) or a defence to court within 14 days.
3. If D doesn’t respond claimant can ask court to make an order in default- make D pay amount of money and costs.

Question 13

How are cases allocated a track?

Answer 13

• Fee of £100 is payable - encourages parties to negotiate out of court.
• Once allocation questionnaire is sent back a procedural judge allocates the case to a track.
• date for trial is set - at least 21 days later.

Question 14

Advantages of using court to resolve disputes?

Answer 14

1. Legally qualified judge - less delay.
2. Judicial precedent - reasoned decision.
3. Appeal system - can challenge decisions.

Question 15

Disadvantages of using court to resolve disputes?

Answer 15

1. Expensive - Campbell v MGN limited 2004 - Campbell awarded £3,500 against daily mirror but legal costs were £1 million.
2. Access only for rich or the poor.
3. Delays - 12 months for county court and 3 years for High court. - 19 months for Court of Appeal.
4. Press.

Question 16

What does ADR stand for?

Answer 16

Alternative dispute resolution.