Civil Courts Flashcards

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1
Q

Civil claims =

A

Claims made in civil courts when an individual or a business believes that their rights have been infringed in some way

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2
Q

Number of county courts
What does county court do
Which judge

A

200
All contract and tort claims
All cases for recovery of land
Circuit and district

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3
Q

3 divisions of high court

A

Queens bench division
The chancery division
Family division

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4
Q

Queens bench division

A

Biggest
Contract and tort cases where amount is over £100,000
Single judge occasionally jury

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5
Q

4 Pre trial procedures

A

Negotiate
ADR
Pre-action protocol: list of things to be done
Give info to each other

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6
Q

County court

A

£100,000 or less

PI £50,000 or less

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7
Q

High court

A

Over £100,000

PI over £50,000

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8
Q

Pre trial county court

A

Issue a claim in any of 200 courts

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9
Q

Pre trial high court

A
Go to one of 20 district registries
Claim a form N1
Fill it in
Fee charged for issuing claim 
Higher claim higher fee
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10
Q

Pre trial Defending claim

A

Pay full amount
Or
Defend through acknowledgement of service form N9
Within 14 day’s of receiving claim

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11
Q

Small claims track

A
Under £10,000
PI £1000
Can be heard in private 
District judge can be flexible 
Parties can represent themselves
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12
Q

Fast track claims

A
£10,000-£25,000
Strict timetable for Pre-trial
Case heard within 30 weeks (more like 50) 
One day hearing 
One expert allowed
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13
Q

Multi track

A
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
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14
Q

Reform of civil justice system - lord Woolf 1999

A
Brought in three track system
Encouraged AdR
Simpliefied terminology 
After reforms- increase amount for small claims track
For future - online court
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15
Q

Appeal county court district judge

A

To Circuit judge in same county court

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16
Q

Appeal county court circuit judge

A

To a high court judge

17
Q

Second Appeal to

A

Court of appeal (civil division)

18
Q

Appeal high court

A

To court of appeal (civil division)

May leapfrog to Supreme Court (national importance)

19
Q

5 Advantages of using courts

A
Fair process
Trial by legal expert
Enforcement of the courts decision is easier
An appeal process
Legal aid available
20
Q

4 disadvantages of using courts

A

Cost
Delay
Complicated process
Uncertainty