Civil courts

Question 1

Define civil claims?

Answer 1

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

Question 2

Which 2 courts deal with civil cases?

Answer 2

County court

High court

Question 3

What are the main areas of jurisdiction for the county court?

Answer 3

All contract and tort claims
All cases for the recovery of land
Disputes over equitable matters such as trusts up to a value of £350,000

Question 4

What type of judges hear a county court case?

Answer 4

Circuit judge

District judge

Question 5

The high court has the jurisdiction to head any civil case, what are the 3 divisions of the high court?

Answer 5

Queens bench
Chancery
Family

Question 6

Which is the biggest division of the high court?

Answer 6

Queens bench

Question 7

The queens bench deals with contract and tort cases, what is the amount of claims the court deals with?

Answer 7

Claims over £100,000 BUT it can hear smaller claims where there is an important point of law

Question 8

In the queens bench cases are normally tried by a single judge BUT where there is a right to a jury how many members will be used?

Answer 8

12 jury members

Question 9

Within the queens bench there is the administrative court, what does this court do?

Answer 9

It supervises the lawfulness of the conduct of national and local government of inferior courts and tribunals and of other public bodies through judicial review

Question 10

What disputes does the chancery division deal with?

Answer 10

Insolvency for both companies and individuals 
The enforcement of mortgages 
Disputes relating to trust property 
Copyright and patents 
Intellectual property matters 
Contested probate actions

Question 11

Who hears a case in the chancery division?

Answer 11

A single judge

Question 12

Are there juries used in the chancery division?

Answer 12

No

Question 13

What types of cases does the family division hear?

Answer 13

Cases where there is a dispute about which country’s laws should apply and all international cases concerning family matters under The Hague Convention
It can also hear cases dealt with by the family court

Question 14

Who hears cases in the family division?

Answer 14

A single judge

Question 15

In regards to the family division, what did the crime and courts act 2013 create?

Answer 15

A new separate family court which deals with the majority of family matters previously dealt with in the family division. The family division can also deal with these cases but is unlikely to unless the case is difficult or important

Question 16

Pre-trial procedures- describe pre-action protocols?

Answer 16

Parties are encouraged to give information to each other in an attempt to prevent the need for so many court cases to be started
This involves a list of things to be done and if the parties don’t follow the procedure and give the required information they may be liable for certain costs if they then make a court claim

Question 17

Pre-trial procedures- if the other person denies liability or refuses to use ADR what will happen?

Answer 17

A court case will be started

Question 18

A claim of £100,000 or less OR a personal injury claim of £50,000 or less will start in which court?

Answer 18

County court

Question 19

A claim for over £100,000 OR a personal injury claim for over £50,000 will start in which court?

Answer 19

High court or county court

Question 20

Pre- trial procedures- in order to issue a claim, what form is needed?

Answer 20

N1 form. The court office will give notes explaining how to fill in the form

Question 21

Alternatively how can people make a money claim?

Answer 21

Online

Question 22

Where is the N1 form filed?

Answer 22

The court office

Question 23

Is there a fee charged for issuing a claim?

Answer 23

Yes, it varies according to how much the claim is for

Question 24

Pre- trial procedures- defending a claim- when D receives the form, what are their options?

Answer 24

1) admit the claim and pay the full amount, the case ends
2) dispute the claim, defend the claim in which they must send an acknowledgment of service (N9 form) or a defence to the court within 14 days of receiving the claim
3) if neither of these things are done, C can ask the court to make an order that the D pays the money and costs claimed

Question 25

Once a case is defended that court will allocate the case to the most suitable track, the decision of which track is made by what type of judge for the county court and the high court?

Answer 25

County- district judge

High- procedural

Question 26

Describe the small claims track?

Answer 26

Disputes under £10,000 except for personal injury where the limit is £1,000
Usually heard in private
Parties are encouraged to represent themselves and can’t claim the cost of using a lawyer even if they win

Question 27

Describe the fast track?

Answer 27

Straightforward disputes of £10,000-£25,000
Set down a very strict timetable for pre-trial matters to prevent time wasting an unnecessary costs 
Aims to hear courts within 30-50 weeks
Heard by a circuit judge
Open court 
Formal procedure
Trial is limited to one day
Usually only one expert allowed

Question 28

Describe the multi track?

Answer 28

Cases over £25,000 OR complex cases under this amount
Heard by a judge who is expected to manage the case from the moments it’s allocated: identity any issues at any early stage, encourage the use of ADR, deal with any procedural steps without the need for parties to attend court, fixed timetables to complete different stages of the case
Case management= keep costs low, heard reasonably quick

Question 29

What are the 5 Woolf reforms of the civil courts which were criticised for being unequal, expensive, slow, uncertain and complicated?

Answer 29

1) be just in the results it delivers
2) be fair in the way it treats litigants
3) offer appropriate procedures at a reasonable cost
4) deal with cases at a reasonable speed
5) be understandable to those who use it

Question 30

Lord Woolf found that none of these points were being achieved, so what were the results of his reforms?

Answer 30

Introduced the 3 track system
Gave judges more responsibility for managing cases
Simplified documents and procedures
Having a single set of rules governing proceedings in both High and county court

Question 31

What did Lord Woolf also want more of?

Answer 31

More use of information technology

Greater use of ADR

Question 32

However, what are 3 problems that still occur within the civil justice system?

Answer 32

ADR isn’t used enough
Costs of cases have continued to increase eg. Costs in fast track cases are often far greater than the amount claimed
Courts are still under resourced eg. Limited IT systems

Question 33

Since the Woolf reforms what more changes have been made?

Answer 33

Financial limits for small claims and fast track cases have been increased to avoid expensive trials for lower value claims
Level of personal injuries claims is likely to rise to £5000
Emphasis that the courts deal with cases justly and at a proportionate cost. The winning party can only claim back costs where they are proportionate to the value of the claim

Question 34

What were the two main proposals for further reforms by Lord Briggs in 2016?

Answer 34

There should be an out of hours private mediation service in the county court
An online court should be set up so that litigants have effective access to justice without having to incur the disproportionate costs of using lawyers

Question 35

Once a decision is made by the county or high court, there is a possibility to appeal it, if the case was heard by a district judge who is the appeal made to?

Answer 35

Circuit judge in the same county court

Question 36

Appeal routes in civil cases- if the case was heard by a circuit judge who is the appeal made to?

Answer 36

A high court judge

Question 37

If a second appeal/ further appeal is made who is it to?

Answer 37

The court of appeal in the civil division

Question 38

Why are further appeals allowed according to s.55 of the access to justice act 1999?

Answer 38

If the appeal would raise an important point of principle or practice OR there is some other compelling reason for the COA to heart it

Question 39

If there is an appeal from a decision made by the COA where will the case go to if given permission by the SpCt or COA?

Answer 39

Supreme Court

Question 40

What is a leapfrog appeal?

Answer 40

In rare cases where the Supreme Court gives permission, a case can leapfrog from the high court straight to the SpCt if it involves an issue of national importance or raises issues of sufficient importance

Question 41

What are 5 advantages of using the civil courts?

Answer 41

1) fair process, everyone’s treated alike, judge is impartial
2) trial is conducted by a legal expert, decision is made by an experienced, qualified lawyer
3) enforcement of the decision is easier as any court made decision can be enforced through the courts
4) there’s an appeal process, so if C is unhappy there is a chance to appeal
5) may be possible to get legal aid but the amount for civil cases has been reduced

Question 42

What are 4 disadvantages of using the civil courts?

Answer 42

1) cost, usually higher than amount claimed
2) delay, many preliminary stages that add to the length of the case, long wait for large claims usually a year before case is heard in court
3) complicated process, may be compulsory steps before case starts in court eg.pre-action protocol, forms to fill in, procedures to follow= complicated for an ordinary person to take a case without legal advice and help
4) uncertainty- no guarantee of a win, lose a case may have to pay other sides costs, hard to know case costs in advance, delays can also add to uncertainty and costs