Civil Courts*

Question 1

Which ‘tracks’ exist in the County Court?

Answer 1

The small claims track, fast track and the multitrack claims are heard in the County Court.

Question 2

Who allocates the multi-track cases to the different courts?

Answer 2

A Circuit Judge will allocate the claims to the County Court or the High Court.

Question 3

What is the economic threshold of the ‘small claims’ track?

Answer 3

Small claims are anything up to £10,000.

Question 4

What is the economic threshold for the Fast Track claims?

Answer 4

Fast Track claims are anything between £10,000 and £25,000.

Question 5

What is the economic threshold for the Multi-Track claims?

Answer 5

Multi-Track claims are anything above £25,000.

Question 6

Is the Fast Track really that fast?

Answer 6

It is faster than previously; a trial date is set within 30 weeks. However, it is not as quick as ADR.

Question 7

Give an advantage of litigation.

Answer 7

• Many more appeal rotes available - compared to arbitration that only has one (s.69 Arbitration Act 1996) - able to go to the High Court from County or to the CA or the SC.
• The fast track has significantly reduced the waiting time for a trial - e.g. now down to a 30 week wait - allows time to prepare for the trial - however mediation may be done in usually 2 hours.
• There is legal aid available to parties that require financial support - however LASPO 2012 has reduced the scope for eligibility for legal aid recently - meaning that may are denied access to justice on the basis of their finances.
• Decisions are legally binding as they are delivered by a judge - however this means that the stakes are higher - if the d. cannot afford representation they will be likely to lose and be bound by the decision.

Question 8

Give a disadvantage of litigation.

Answer 8

• Much more expensive than ADR - e.g. court fees are 5% for claims over £100,000 - then factor in the cost of decent lawyers to secure that larger claim.
• There may be an inequality of arms as some areas of civil law (e.g. defamation) do not offered legal aid - e.g. Steel and Morris v. UK - however the nature of defamation means it is often large companies and celebrities who can afford the case making claims.
• Still takes a long time - Fast track - within 30 weeks - mediation can be done in a matter of hours (average session lasts 2 hours)
• LASPO has limited the availability of legal aid - access to justice is denied to some on the basis of their finances - may deter people from using the courts. However ADR caters for these people.

Question 9

What is the jurisdiction of the County Court?

Answer 9

Jurisdiction of the County Court:

• Deal with Contract, tort, land disputes wills (up to £30,000) and family cases.
• Deals with claims of up to £50,000.
• A jury of eight people will be used in rare cases to decide the verdict.

Question 10

What is the jurisdiction of the High Court?

Answer 10

Jurisdiction of the High Court:
-Deals with claims of more than £50,000.

• The Chancery Division will hear claims involving company law, tax, insolvency, intellectual property (intangible assets) and trusts.
• The Family Division will hear claims involving the welfare of children (Children Act 1989). The family division will also hear matrimonial cases and some probate (recognising will as the deceased’s last testament)
• The Queen’s Bench Division hears claims involving contract and tort. It is headed by the Lord Chief Justice. in cases of malicious prosecution or false imprisonment, a jury of 12 people will decide on a verdict.

Question 11

What piece of legislation created the Queen’s Bench Division?

Answer 11

The Queen’s Bench Division was created under the Crime and Courts Act 2013.