Civil Courts

Question 1

Define civil claims

Answer 1

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

Question 2

What two courts are civil cases tried in

Answer 2

County or high

Question 3

How many county courts roughly are there

Answer 3

200

Question 4

What kind of cases can they try

Answer 4

Nearly all civil cases, with main areas being:
• all contract and tort claims
• all cases for land recovery
•disputes over equitable matters such as trusts up to value of £350,000

Question 5

Who hears county court cases

Answer 5

A circuit or district judge

Question 6

Does civil court sit with a jury

Answer 6

Very rarely however a Jude could sit with a jury of eight. Only really occurs in defamination cases, tiers of malicious prosecution or false imprisonments

Question 7

Where is the high court based

Answer 7

In London but various judges sitting throughout England and Wales.

Question 8

What does the high court have power to hear

Answer 8

Any civil case and has three divisions: queens bench, chancery and family

Question 9

What’s the biggest high court division

Answer 9

Queens bench who deals with contract and tort cases where amount claimed is £100k plus but can heater smaller cases when important point of law. Usually heard by single judge but right to a jury if the case is for fraud, libel, slander, malicious prosecution and false imprisonment. Specialist courts in QB include commercial court, admiralty court dealing with matters related to shipping.

Question 10

What’s the main business of the chancery division

Answer 10

Insolvency 
Mortgage enforcement 
Trust property disputes 
Copyrights and patents
Intellectual property matters 
Contested probate actions 
Also special companies court in division which deals mainly with winding up companies. Heard br single Judge and never a jury

Question 11

What does the family division do

Answer 11

Heard cases disputing about which countries laws should apply and all international cases concerning family matters under Hague convention. Also hears cases that can be heard by family court. Heard by single judge and no juries.

Question 12

What did the Crime and Courts Act 2013 create

Answer 12

A separate family court which deals with the majority of the matters previously dealt by family divisions

Question 13

What are pre action protocols

Answer 13

Parties are encouraged to give information to each other and make an attempt at sorting the disputes out before court to prevent the need to go. If the parties don’t follow this and give required info to the other party then they could be found liable if claim made

Question 14

When would you use the small claims track

Answer 14

A claim for £10k or less

Personal injury claim for £1k or less

Question 15

When would you use the county court

Answer 15

Claim for £100k or less

Personal injury case claims for £50k or less

Question 16

When would you have the choice of using the high or county court

Answer 16

For a claim over £100k

Personal injury over £50k

Question 17

How do you issue a claim

Answer 17

County: go to one of the 100 courts
High: one of 20 district registries or main one in London.

Need to file an N1 claim form which will be explained how to be used. Claim then filed at court office and fee will be charged, anywhere from £35 for a claim of £500 to £10,000 for a claim of £200,000

Question 18

How can the defendant defend a claim

Answer 18

May admit claim and pay full amount
Disputes it and file an acknowledgment of service (N9 form) or defence to court in 14 days
If neither done, court can make an order enforcing payment and costs claimed.

Question 19

What are the three tracks

Answer 19

Small claims: disputes under £10k or £1k for p injury

Fast track: £10k-£25k straightforward disputes

Multi track: £25k+ or complex cases under this amount.
If necessary or on complex law point judge can allocate to higher track

Question 20

Where are small claims heard

Answer 20

Usually in private or ordinarily court. District judge can be flexible in way he hears case, will tack an active part in proceedings and make sure each party explains the important points. Encouraged to represent themselves and can’t claim legal fees from other side

Question 21

How are fast track cases heard

Answer 21

Court will set down strict timetable for pre trial matters, to prevent time wastage and reduce unnecessary costs. Aim is to be heard in 30 weeks but likely nearer 50. Usually hears by circuit judge and take place in open court with a more formal procedure than small claims. Hearing limited to max one day and number of expert witnesses restricted, usually one being allowed.

Question 22

How are multi track cases heard

Answer 22

Tried by a judge who also ‘manages’ case from moment allocated to multi track. Includes
Identifying issues early
Encourage ADR if appropriate
Deal with procedural steps with parties attending court
Fixes timetables by which different stages of case must be completed
This all aims at keeps costs of case low and get it done quickly

Question 23

When did the present system of civil justice start

Answer 23

1999 and based on reforms recommended by Lord Woolf

Question 24

What did Lord Woolf say the civil justice system should be

Answer 24

Just in results delivered 
Fair in the way it treats litigants
Offer appropriate procedures at reasonable cost
Deal with cases at reasonable speed 
Be understandable

Question 25

What did Lord Woolf find

Answer 25

Virtually none of the points were being achieved and criticised it for being ££, unequal, slow, complicated. Brought in 3 track system and judge responsiblity for case management. Led also to simplifying of documents and procedures and having a single set of rules governing proceedings in both High Court and County Court. Also wanted more use of technology (IT) and ADR.

Question 26

What was the positive effect of Woolf’s reforms

Answer 26

Culture of litigation changed for better, more co op between parties lawyers
Less delay between claim issuing and court hearing but not as great as hoped (ie wait if a year between fast or multi track claim filed and hearing)
More cases settling

Question 27

Negative effect/no changes from Woolf’s reforms?

Answer 27

ADR not used enough
Costs of cases increasing (ie costs in fast track higher than amount claimed)
Courts under resourced particular in It

Question 28

What further reforms have taken place since Woolf’s

Answer 28

Financial limits for small claims and fast track increased to keep claim costs down
CPR amended to emphasise justly dealt cases at proportionate cost. Winning party can only claim back costs proportional to claim

Question 29

When was the latest civil court review

Answer 29

Lord Briggs 2016

Question 30

What were the proposals put forward by Lord Briggs

Answer 30

• need to create online court for cases up to £25k to give effective access to justice without lawyer cost. 3 stages:

1. ) largely automated online process for issue identification and documentary evidence
2. ) conciliation and case management by case managers
3. ) resolution by judge using on screen documents, telephone video or face to face meetings depending on case needs. Quick and low cost. Hopefully introduced by 2020

• out of hours private mediation service in county court

Question 31

Where can you appeal in a county court

Answer 31

Heard by district judge—> circuit judge in same court

Circuit—> high court judge

Question 32

Where are further appeals for civil cases allowed to go

Answer 32

Court of appeal but allowed in exceptional cases set out in s 55 if Access to Justice Act 1999:
Appeal would raise an important principle point or practice
Compelling reason

Question 33

Where do you appeal from a high court

Answer 33

CoA but may be a ‘leap frog’ appeal directly to SC, since 2015 a case that warrants this must involve an nationally important issue or raise issues of sufficient importance

Question 34

Can you appeal to the Supreme Court in civil cases without leapfrog

Answer 34

Yes but you must have SC or CoA permission

Question 35

Advantages of civil court

Answer 35

Fair with impartial judge 
Trial conducted by legal expert with decision made by a judge who is experienced and qualified lawyer 
Enforcement can be made
Appeal process 
Potential for legal aid but rare

Question 36

Disadvantage of civil court use

Answer 36

Cost
Delay
Complicated- PAP and other rules and procedures set out to be followed in Civil Procedure Rules
Uncertainty- no guarantee you’ll win