Civil Courts And Appeal Flashcards
What are the 3 divisions of the high court ?
1) kings bench division
2) chancery division
3) family division
Explain the small claim track
- Heard by a district judge
- Disputes under 10k and personal injuries up till 1k
- Limit time of hearing is 2 hours
Multi-track claims
- Hears disputes over 25k
- Both parties don’t need to be in court
- 2 days of hearing
What are Pre trial procedures ?
There are ways to solve disputes other than courts. They do not require money and delays. Pre trial procedures and formal civil courts known as litigation. This should always be the last option taken after parties have tried to solve the matter.
Trial courts
Civil Cases will be started in the 2 trial courts or court of first instance, county court or high court - depending on how much money is being claimed
County court
-local court that has the power to hear nearly all civil cases
- the maximum claim is usually under £50,000 - can be more if both party agree to a county court trial.
- county court jurisdiction Oder 2014 - increased from £50,000 to £350,000
- power to hear - domestic abuse, partnership and tort cases
Explain the fast track
- hear disputes over 10k and less than 25k
- personal injury cases up till 50k or less
- very strict timetable
- 1 day of hearing
Kings bench division
-Biggest division can hear contract and tort cases over than 50k they hear:
- complex cases transferred from county court
- application for judicial reviews
Kings bench division
-Biggest division can hear contract and tort cases over than 50k they hear:
- complex cases transferred from county court
- application for judicial reviews
Kings bench division
-Biggest division can hear contract and tort cases over than 50k they hear:
- complex cases transferred from county court
- application for judicial reviews
County court appeals
District judge —> circuit judge
Circuit judge —> high court judge
both can be appealed to COP under s.55 access to justice act 1999
Multi-track cases —> COP
What is a claim ?
A Statement that is arguable and can be proven
Who decides which track to allocate the claims ?
County court - district judge
High court - the master
What are the three tracks used for ?
To organize the court system and to ensure that they are treated fairly
What is second appeal ?
Happens in rare occasions under S.55 access to justice act 1999. No appeals should be made unless:
1) raise an importance principle or practice
2) other reasons for the COP to hear
