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Civil Courts and Appeals Flashcards

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1
Q

What is Civil Law?

A

Concerned with rights and duties between individuals and businesses.

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2
Q

What is the aim of Civil Law?

A

To put people back into the position they were in before the breach/infringement which is not always possible to do.

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3
Q

What does the Court award in Civil Law?

A

Damages- compensation in the form of monetary award. Also, can be an action or time.
Some remedies include ‘equitable’ remedies.

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4
Q

How are the cases allocated to the High Court ot County Court?

A

By complexity and value.

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5
Q

County Court Small Claims

A

Deals with small value claims- up to £10,000, £1,000 for personal injury.
Hearings are simple-30mins
Parties encouraged to represent themselves.
District Judge (specialist training) - inquisitorial role.
Expert witnesses are not usually permitted - unless authorized by court.

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6
Q

What are the advantages of the County Court Small Claims Court?

A 
Cost usually low.
Lose- not ordered tp pay other parties costs.
Not need lawyers but option available.
Quicker.
Judge assists unrepresented parties
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7
Q

What are the disadvantages of the County Court Small Claims Court?

A

Legal funding is not available.
Businesses are more likely to use a lawyer- advantage.
District Judges can be unhelpful to unrepresented.
Enforcement is not guaranteed- 60% receive their award.

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8
Q

The County Court

A 
Over 200 centres in E and W.
Jurisdiction to hear:
Law of contract and tort
Recovery of land
Equitable matters- up to £350,000
Cases up to £100,000
PI- £50,000
Anything higher- high court unless more suitable for CC.
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9
Q

What are the financial limitations on the jurisdiction of the County Court?

A

Cases up to a £100,000

Personal injury- £50,000

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10
Q

How was the High Court created?

A

Created as part of the Supreme Court of Judicature in 1873 under Judicature Acts 1873-75

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11
Q

What are the 3 main divisions of the High Court?

A

Queen’s Bench Division
Chancery Division
Family Division

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12
Q

What does the High Court hear?

A

Jurisdiction to hear any civil case.
Sent to relevant division.
Each division has jurisdiction to hear certain types-relevant specialist judges with knowledge.

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13
Q

The Queen’s Bench Division

A

Biggest- 70 judges.
Tortious and contract cases over £100,000.
Can sit with jury of 12 members- cases of malicious prosecution, fraud and defamation.
Has supervisory role dealing with specific cases.

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14
Q

What are the additional specialist courts that deal with specific cases in the Queen’s Bench?

A

The Commercial Court- insurance, banking and other commercial matters.
The Admiralty Court- shipping
The Technology and Construction Court- cases which are technologically complex- building and engineering disputes and computer litigation.

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15
Q

The Chancery Division

A

Cases relating to cooperate and personal insolvency, intellectual property, copyright and patent and other related matters.
Single Judge, no jury.
Special Companies Court within the division which deals mainly with the winding up of companies.

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16
Q

What disputes does chancery division deal with?

A 
Insolvency, for both companies and individuals.
Disputes relating to trust property.
Copyright and patents.
Intellectual property matters.
Contested probate actions.
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17
Q

Family Division

A

Children and child protection under the Children Act 1989.
child abduction, but only of the abduction falls under either:
The Hague Convention on the Civil Aspects of International Child Abduction
The Brussels II Regulation (EC) No 2201/2003.
Forced marriage, female genital mutilation and applications for financial relief where a divorce has taken place outside England and Wales.

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18
Q

Separate Family Court

A

General family matters, such as divorce, nullity of marriage, probate matters and other general family proceedings.
Crime and Courts Act 2013.

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19
Q

Pre-Trial Procedures

A

First try using ADR.
Don’t settle have to follow strict rules under the Civil Procedure Rules.
Guidelines which must be followed by all legal personnel.

Pre-action Protocols
Issuing the claim - N1 Claim Form
Defending a Claim - N9 Acknowledgement of service

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20
Q

Pre-Action Protocol and before you issue a claim.

A 
Cooperation encouraged.
Before issue claim:
Disclosure of documents;
Letter of claim;
Mediation.
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21
Q

What happens if the party denies the claim or refuses ADR?

A

Claimant will need to issue a claim.

-Where the claimant files the case in court.

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22
Q

How does a claimant issue a claim?

A

Fill out a N1 Claim Form with relevant fee e.g. £300 (claim) is £35/ £200,000 (claim) £10,000.
Sent to the court who will allocate the case to a relevant court based on the value of the case.
Copy sent to defendant with a response pack.

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23
Q

How do you defend a claim?

A

Can accept liability and pay the full amount.
Disputes the claim, they must send an acknowledgement of service or a defence within 14 days of receiving.
If the defendant files the acknowledgement of service- n extra 14 days
If filing a defence, the defendant must complete and send the N9 Form back to the court.
If the defendant fails to respond, the claimant can ask the court to make a default judgement in favour of the claimant.
If the case is contested, the court will then allocate the court to a relevant track

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24
Q

How does a judge allocate the track?

A

‘allocation questionare’- complexity and value.
Fail to submit- judge can dismiss case.

One party fails to submit the questionnaire, the judge can find in favour of the submitting party or order an allocation hearing:
The defaulting party will be ordered to pat the costs of the hearing

25
Q

Small Claims Track

A

Under CPR 27.
£10,000, or up to £1,000 for personal injury claims.
Small Claims Court (County Court).
less than half a day.

26
Q

Fast Track

A

Covered under CPR 28.
£10,000 and £25,000, or £1,000 and £25,000 for personal injury.
County Court
Heard within 30 weeks but in practice it usually takes up to 50 weeks.
Last no longer than one day.

27
Q

Multi-Track

A

Covered under CPR 29.
Above £25,000
County Court or the High Court, depending on overall value and complexity of the case.
Judge must carry out ‘case-management’
Case-management conference to work out costs, set interim deadlines for disclosure of documents, encourage ADR and set a trial window- Cost low and swift.
Usually heard within 72 weeks of allocation.

28
Q

What courts have appeal jurisdiction?

A

County and High Court.

29
Q

What are the appellate courts?

A

Court of Appeal (Civil Division)-38 Lord Justices of Appeal and sits in panels of 3 or 5.

Supreme Court- 12 Justices of the Supreme Court, three female and nine male, and sits in odd numbered panels from 3 up to 11.

30
Q

What determines the appeal route?

A

Depends on the court of first instance and the overall value and complexity of the case.

31
Q

What makes it clear that being able to bring an appeal in a civil case is not an automatic right for the losing party?

A

Access to Justice Act 1999

32
Q

What provides that before an appeal can be heard, permission to appeal must be granted?

A

S. 54 of the Access to Justice Act 1999

33
Q

Why will permission be granted?

A

Permission will only be granted if there is a real prospect of success or for some other compelling reason.

The decision of the lower court was wrong.

It was unjust because of a serious procedural or other irregularity in the proceedings of the lower court.

34
Q

Will the appeal court conduct a full hearing?

A

No but has the power to make any order it wishes.

35
Q

What provides that there should generally only be one appeal in any case, rather than the case progressing over a long period of time in different courts?

A

S. 55 of the AJA 1999

36
Q

How can a second appeal be granted?

A

Limited circumstances:
If the appeal raises an important point of principle or practice, or there is some compelling reason for an further appeal, the appeal court can order a second-tier appeal.

37
Q

What depends on for appeals from the county court?

A

For claims under £25,000 the appeal route will depend on the level of judge hearing the case at first instance.

District judge – the appeal will go to a circuit judge in the same County Court
Circuit Judge – the appeal will go to a High Court judge

38
Q

When is there further appeal to the Court of Appeal (Civil Division) (only under the acceptations set out in S.55 of the Access to Justice Act 1999).

A

The appeal would raise an important point of principle or practice.
There is some other compelling reason for the COA to hear it.

39
Q

Where will claims over £25,000 (multi-track go (and further appeals)?

A

Will go straight to the Court of Appeal (Civil Division), further appeals will be to the Supreme Court.

40
Q

What is the appeals from High Court and the ‘leap frog’ idea? (Act too)

A

Appeal to the Court of Appeal (Civil Division)
Criminal Justice and Courts Act 2015 – ‘Leap Frog’ appeal allows appeals from the High Court directly to the Supreme Court.
Further appeals from Court of Appeal go to Supreme Court.

41
Q

What circumstances for ‘Leap Frog’ Appeal?

A

Must involve an issue of sufficient importance or national importance to warrant leap-frog.
Supreme Court must give permission.

42
Q

Advantages of Civil Courts (Fair Process)

A

Fair Process – The process is fair, everyone is treated the same and the judge remains impartial.

43
Q

Advantages of Civil Courts (Legal Experts)

A

Legal Experts – The decision is made by a judge who i

44
Q

Advantages of Civil Courts (Enforcement)

A

Enforcement – Any decision made by a court can be enforced through the courts. There are a number of ways this can be done, e.g. through court orders and High Court enforcement officers.

45
Q

Advantages of Civil Courts (Appeals)

A

Appeals – There are appeal routes available if either party is not happy with the decision of the trial court.

46
Q

Advantages of Civil Courts (Legal Aid)

A

Legal Aid – Legal aid and funding is available to bring your civil action to court.

47
Q

Disadvantages of Civil Courts (Expensive)

A

Expensive – The costs of taking a case to court is often more than the amount being claimed.

48
Q

Disadvantages of Civil Courts (Slow)

A

Slow – There are a lot of stages to go through before trial which can be time consuming and can drag the process out.

49
Q

Disadvantages of Civil Courts (Complicated)

A

Complicated – There are a lot of complicated forms to fill in and set procedures to follow which can be very complicated to the ordinary person.

50
Q

Disadvantages of Civil Courts (Uncertainty)

A

Uncertainty – There is no guarantee of winning a case.

51
Q

Disadvantages of Civil Courts (Legal Aid)

A

Legal Aid – Although legal aid is available it is very limited and not available for ADR.

52
Q

What was Lord Woolfs Reforms? Access for Justice 1996

A

303 recommendations – most important were:
Introduction of the three track system
Encourage the use of ADR
Judges given more case management responsibilities
More use if IT
Simplifying documents and procedures
Shorter timetables for cases to reach court and for lengths of trials

53
Q

When did Lord Woolfs reforms come into effect?

A

Came into effect in 1999 = Access to Justice Act 1999

54
Q

Advantages of Woolfs Reforms?

A

Culture of litigation changed for the better with co-operation between parties.
Case management was successful.
More uniform procedure across the country.

55
Q

Disadvantages of Woolds Reforms?

A

Little or no increase in the use of ADR.
Costs have increased overall, in particular, fast track cases.
Courts are under-resourced and IT systems remain primitive .

56
Q

Other attempts of reforms?

A

Solving Disputes in the Civil Courts’ – 2011 consultation paper.

Lord Briggs Reforms 2016.

57
Q

2011 Paper

A

Believe the system should focus more on dispute resolution and debt recovery.

Proposals include:
Fixed costs – already implemented for RTA.
Introduce mediation for claims above small claims to divert more cases to ADR.
Increase level amount in small claims to £10,000 – already implemented.

Civil procedure rules 1.1 – Overriding objective:
The courts deal with cases justly and at a proportionate cost.

(reforms have not followed social shift)

58
Q

Lord Briggs 2016

A

(Several but main 3)
Increasing the limit of personal injury claims in the Small Claims Track from £1,000 to £5,000.
That there should be an out-of-hours private mediation service in the County Court.
That an online court should be set up. (beneficial- claims up to £25,000, give litigants effective access to justice without having to incur the disproportionate costs of using lawyers).

Law (34 decks)

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