Civil courts and appeals Flashcards
What is the act for county and high courts?
-Crime and Courts act 2013
How many county courts and high courts are there in england and wales?
-One in E+W sitting in 500 centres
-One high court (royal courts of justice) but sitting in number of centres
Describe the cases heard in county court?
-Civil claims
-Up to £100,000
-Negligence
-Tort (nuisance etc)
-Debt and contract
-Housing claims
-bankruptcy and insolvency
-probate claims
Who hears claims in county court?
-Single judge (circuit/recorder, if simple then district)
-judge decides liability, compensation, other remedies and who should pay costs of case
Describe high court?
-Single judge
-3 divisions:
-King’s bench
-Chancery
-Family
-judges assigned to one and only hear cases relevant to that
What does a judge decide in high court as in county court?
-Liability
-Compensation
-Any other remedies
-Who should pay costs
KBD(5)
-Largest
-contract and tort over £100,000
-Smaller cases where important point of law
-Right to jury for libel fraud, slander, false imprisonment etc
-Specialist courts: administrative (judicial review, criminal case stated) and circuit commerical courts
Chancery
-Business, property and land over £100,000
-Trusts
-Probate
-Partnership matters
-Insolvency
-Special courts (insolvency and companies list)
Family division
-family cases where dispute abt what countries laws should apply
-international cases concerning family matters under hague convention
-single judge
-appeals from lower court (family proceedings and county)
-Separate to family court (2013 Crime and Courts act)
-Deals with serious and complex cases
What are pre-trial procedures?
-court is last resort, only if settlement can’t be reached or ADR failed
1. give all info to courts
2. undergo ADR first
3. If court then N1 form
What are pre-action protocols?
-List of things to do by each party involved
What court to use for what?
- less than £10,000 or £1000 PI = small claims
-less than £100,000 or 50,000 PI = county
-more than £100,000 or £50,000 PI = county or high court
N1 form
-Names and addresses of parties
-reason
-money claiming
-Filed at: county court office, high court, online for debt.
-parties to claim
-statement of facts
-charged fee for claim, depends on amount ( £10,000 for claims of £200,000+)
What options is dft given?
-Court sends claim to dft
-can admit and pay full amount
-admit and pay instalments
-dispute and file defence
-file acknowledgement of service - ask for time for defence
What are the 3 tracks?
-Small claims track
-Fast track
-Multi-track
Small claims track
-less than £10,000 (£1000 PI)
-District judge
-No lawyers
-2-3 hrs
-limited witnesses
Fast track
-£10,000 to £25,000
-strict timetable of 30 wks
-max 1 day hearing, limited witnesses
-circuit judge
-rep by lawyer
Multi-track
-£25,000-£50,000
-County court, circuit judge
-case managed by circuit judge, strict timetable, disclosure of docs, number of witnesses and how long
-If complex or over £50,000 then high court
How are cases managed at multi-track?
-Identify issues
-Encourage ADR
-Deal w procedural steps w/o parties
-Fix timetables
Why is case management important?
-Keep costs low
-Heard quickly
Explain appeals route
-district in county - circuit judge in same court - COA
-circuit judge in county - high court judge of division relevant - COA
-multi track (HC) - COA
What is a leapfrog appeal?
-Go directly from HC to SC, miss out court of appeal if issue of national importance
-Administration of justice act 1999
-only if SC gives permission
2nd appeals
S55 Access to justice act
-Only if original court or court abt to hear appeal grants permission to hear case (great importance or has good chance success)
Further appeals
-COA cases can be further appealed to SC only if COA allows permission to be given (leave to appeal)
Adv of civil courts
-fair. impartial judge. listens to points. decides on evidence not opinion
-legal expert. judge. qualified lawyer experienced. knows law, deal w complicated points of law unlike ADR.
-decisions binding in law. if don’t comply can be enforced. not in ADR
-right to appeal (ADR no appeal) if wrong decision on point of law
-possible to access legal aid
Disadv of civil courts
-Uncertainty. no guarantee win. may have to pay costs, difficult to know cost of case in advance
-high costs. can be more than amount claimed. legal fees. HC hundreds of thousands.
-Long delay. preliminary stages. even after set for hearing can be long. backlog. some cases years. (imp-2016 multitrack avg 52 wks, 3 wks quicker than 2015)
-complicated process. steps, pre-action protocols, forms, procedures, complication if no legal help.
