Civil Courts + A03 10/13

Question 1

Appeals from County Court

Answer 1

• In small claims (DJ ->CJ), in fast track (DJ -> CJ or CJ -> HCJ)
• Fast track cases can only appeal to COA in exceptional cases when COA considers there is an important point of principle or practice
• Multi track (County -> COA)

Question 2

Appeals from High Court

Answer 2

(High Court -> COA civil division)
- Can leapfrog directly to SC if there is an issue of national importance or COA bound by previous decision

Question 3

Further Appeals after County, High, COA

Answer 3

COA -> SC appeal on a point of law if leave to appeal granted

Question 4

Adv Civil Courts (cost)

Answer 4

• Small claims reduces costs, justice is accessible, don’t pay winners fees and no lawyer, judge takes inquisitorial approach
• Fast Track ideal as within 1 day, 1 witness, saves time and costs

Question 5

Dis Civil Courts (power)

Answer 5

Imbalance of powers if one has lawyer, some judges aren’t as helpful

Question 6

Dis Civil Courts (losing)

Answer 6

Loser must pay winners fees and damages, deter from getting justice, lengthy delays up to 12 months

Question 7

Adv Civil Courts (correct)

Answer 7

Results in legally correct solution, clear appeal route

Question 8

Dis Civil Courts (confidentiality)

Answer 8

Not confidential, reporting in the press damages companies reputations, process is adversarial with winner and loser which damages business’ relationships