Civil Courts And Appeals Flashcards
What are the two main civil courts?
County Court and High Court
What is the jurisdiction of the County Court?
Contract and tort claims Cases for the recovery of land Inheritance up to £30000 Can hear cases from all 3 tracks Small and fast track - district judge Multi track - circuit judge
What is the jurisdiction of the High Court?
Only hears multi track cases
Split into 3 divisions:
Queen’s Bench Division
Chancery Division
Family Division
What is the Queen’s Bench Division?
Biggest division
Deals with contract can tort cases
Claims: personal injury, negligence, breach of contract and damage to reputation
Normally heard by 1 judge, juries can be used
There is an Administrative Court that supervises lawfulness through judicial review
What is the Chancery Division?
Cases:
Disputes relating to business, property or land
Disputes over trusts
Intellectual property issues
Disputes over the validity of a will (probate disputes)
What is Family Division?
Cases: Hears matrimonial matters Cases under the Children Act 1984 Forced marriage Female genital mutilation
What is the Small Claims Track?
Claims up to £10000
Cases are heard in the County Court by a District Judge
No lawyer needed
If they get a lawyer they need to pay themselves
Legal funding is not available
Judges need to help as much as possible
What is the Fast Track?
Cases between £10000-£25000
Cases are heard in the County Court by a District Judge or a Circuit Judge
Stick to a strict timetable
Cases are heard within 30 weeks
Trial is 1 day and there are limited amount of witnesses
What is the Multi Track?
Cases over £25000
Usually start in the County Court
Cases can be sent to the High Court if case involves complex pints of law or over £50000
Judge will manage the case and will set a strict timetable
How do Appeals form the County Court work?
The case is heard by a District Judge then the appeal is to a Circuit Judge in the County Court
The case is heard by a Circuit Judge then the appeal is to a District Judge in the County Court
How do Second Appeals work?
This appeal will always be to the Court of Appeal but these appeals are only allowed in exceptional cases
How do Appeals from the High Court work?
Appeal usually goes to the Court of Appeal
There may be a leapfrog appeal direct to the Supreme Court
A leapfrog appeal must include a point in law of general importance
Supreme Court must give leave to appeal
How do Further Appeals work?
From a decision in the Court of Appeal there is a further appeal to the Supreme Court but this can only be done with leave from one of the courts
