Civil Courts Flashcards
Civil claims =
Claims made in civil courts when an individual or a business believes that their rights have been infringed in some way
Number of county courts
What does county court do
Which judge
200
All contract and tort claims
All cases for recovery of land
Circuit and district
3 divisions of high court
Queens bench division
The chancery division
Family division
Queens bench division
Biggest
Contract and tort cases where amount is over £100,000
Single judge occasionally jury
4 Pre trial procedures
Negotiate
ADR
Pre-action protocol: list of things to be done
Give info to each other
County court
£100,000 or less
PI £50,000 or less
High court
Over £100,000
PI over £50,000
Pre trial county court
Issue a claim in any of 200 courts
Pre trial high court
Go to one of 20 district registries Claim a form N1 Fill it in Fee charged for issuing claim Higher claim higher fee
Pre trial Defending claim
Pay full amount
Or
Defend through acknowledgement of service form N9
Within 14 day’s of receiving claim
Small claims track
Under £10,000 PI £1000 Can be heard in private District judge can be flexible Parties can represent themselves
Fast track claims
£10,000-£25,000 Strict timetable for Pre-trial Case heard within 30 weeks (more like 50) One day hearing One expert allowed
Multi track
Over £25,000 Heard by judge who manages the case Identify issues early on Encourage ADR Fixed timetables Parties may not need to attend court
Reform of civil justice system - lord Woolf 1999
Brought in three track system Encouraged AdR Simpliefied terminology After reforms- increase amount for small claims track For future - online court
Appeal county court district judge
To Circuit judge in same county court