Civil Courts Flashcards
Define civil claims
Claims made in the civil courts when an individual or a business believes that their rights have been infringed in some way
What two courts are civil cases tried in
County or high
How many county courts roughly are there
200
What kind of cases can they try
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
Who hears county court cases
A circuit or district judge
Does civil court sit with a jury
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
Where is the high court based
In London but various judges sitting throughout England and Wales.
What does the high court have power to hear
Any civil case and has three divisions: queens bench, chancery and family
What’s the biggest high court division
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.
What’s the main business of the chancery division
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
What does the family division do
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.
What did the Crime and Courts Act 2013 create
A separate family court which deals with the majority of the matters previously dealt by family divisions
What are pre action protocols
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
When would you use the small claims track
A claim for £10k or less
Personal injury claim for £1k or less
When would you use the county court
Claim for £100k or less
Personal injury case claims for £50k or less
When would you have the choice of using the high or county court
For a claim over £100k
Personal injury over £50k
How do you issue a claim
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
How can the defendant defend a claim
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.
What are the three tracks
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
Where are small claims heard
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
How are fast track cases heard
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.
How are multi track cases heard
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
When did the present system of civil justice start
1999 and based on reforms recommended by Lord Woolf
What did Lord Woolf say the civil justice system should be
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
What did Lord Woolf find
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.
What was the positive effect of Woolf’s reforms
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
Negative effect/no changes from Woolf’s reforms?
ADR not used enough
Costs of cases increasing (ie costs in fast track higher than amount claimed)
Courts under resourced particular in It
What further reforms have taken place since Woolf’s
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
When was the latest civil court review
Lord Briggs 2016
What were the proposals put forward by Lord Briggs
• need to create online court for cases up to £25k to give effective access to justice without lawyer cost. 3 stages:
- ) largely automated online process for issue identification and documentary evidence
- ) conciliation and case management by case managers
- ) 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
Where can you appeal in a county court
Heard by district judge—> circuit judge in same court
Circuit—> high court judge
Where are further appeals for civil cases allowed to go
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
Where do you appeal from a high court
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
Can you appeal to the Supreme Court in civil cases without leapfrog
Yes but you must have SC or CoA permission
Advantages of civil court
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
Disadvantage of civil court use
Cost
Delay
Complicated- PAP and other rules and procedures set out to be followed in Civil Procedure Rules
Uncertainty- no guarantee you’ll win
