civil courts and appeals

Question 1

when does a civil case arise?

Answer 1

when an individual or a business believes their rights have been infringed

Question 2

what are the 2 main civil courts?

Answer 2

county court
high court

Question 3

how is a claim started?

Answer 3

-the claimant must start by filling in a N1 form , which sets out the details of their case
-An allocation questionnaire also needs to be completed
-depending on the amount being claimed and the complexity of the case, a ‘track’ will be allocated
-this track will decide where the case will be heard

Question 4

what is the lowest civil court?

Answer 4

county court

Question 5

how many county courts are in the UK?

Answer 5

around 200

Question 6

what are the main areas of jurisdiction (county court)

Answer 6

-contract and tort claims
-cases for the recovery of land
-inheritance up to 30,000 pounds

Question 7

what cases can the county court hear and what judges?

Answer 7

it can hear cases from all three tracks (small, fast and multi)
small claims and fast track cases are usually heard by a district judge and multi-track claims are heard by a circuit judge

Question 8

what cases does the high court hear?

Answer 8

only hears multi-track cases (cases involving 25,000 pounds or more

Question 9

where is the high court based?

Answer 9

London
(but has judges sitting in 26 towns ad cities in UK)

Question 10

what three divisions is the high court split into?

Answer 10

-king’s bench division
-chancery division
-family division

Question 11

what is the biggest high court division?

Answer 11

the king’s bench division

Question 12

what cases does the kings bench division deal with?

Answer 12

contract and tort cases
claims may involve issues such as personal injury, negligence, breach of contract and defamation

Question 13

how are kbd cases tried?

Answer 13

usually by a single judge, however in cases such as libel and slander, juries are sometimes used

Question 14

what is the administrative court?

Answer 14

part of kbd
supervises the lawfulness of the conduct on national and local governments through judicial review

Question 15

what are the most common cases that the chancery division dealt with?

Answer 15

-disputes relating to business, property or land
-disputes over trusts
-intellectual property issues
-disputes over the validity of a will (probate disputes)

Question 16

what matters/cases does the family division deal with?

Answer 16

hears matrimonial matters and deals with cases under the Children Act 1984
also hears cases about issues such as forced marriage and female genital mutilation

Question 17

what did the Crimes and Courts Act 2013 create?

Answer 17

a new separate family court
most family matters are now dealt with here unless they involve complex issues oflaw

Question 18

what claims does the small claims track deal with?

Answer 18

claims of up to 10,000 pounds (or up to 1,000 for personal injury and landlord and tenant cases)

Question 19

where are the small claims track cases heard and by what judge?

Answer 19

county court by a district judge (can also be heard by a circuit judge)

Question 20

small claims track (lawyers)

Answer 20

-parties encouraged to take their own case without using lawyers
-if a person chooses to use a lawyer, they must pay for it themselves even if they win
-legal aid to pay for a lawyer is not available

Question 21

what claims does the fast track deal with?

Answer 21

cases between 10,000 and 25,000 (or more than 1,000 for personal injury and landlord and tenant cases)

Question 22

where are fast track cases heard and by what judge?

Answer 22

county court
district judge (can also be heard by a circuit judge)

Question 23

fast track timing regulations

Answer 23

cases must stick to a strict timetable
usually heard within 30 weeks of allocation and there is a strict trial time limit of one day and a limited number of witnesses

Question 24

what claims does the multi-track deal with?

Answer 24

cases over 25,000 (or less if the case involves complex law)

Question 25

where are multi-track cases heard and by what judge?

Answer 25

they usually start in the county court before a circuit judge
cases can be sent to the high court if the case involves complex points of law or the claim is over 50,000

Question 26

how are multi-track cases managed?

Answer 26

the judge will manage the case and will set a strict timetable including what must be disclosed, how many witnesses will be used and the trial time

Question 27

appealing from a district judge (county)

Answer 27

appeal will be heard by a circuit judge in the county court

Question 28

appealing from a circuit judge (county)

Answer 28

appeal will be heard by a high court judge in the county court

Question 29

second appeals from the county court

Answer 29

this appeal will always be to the court of appeal (civil division)
however, such further appeals are only allowed in exceptional cases with leave from the court of appeal

Question 30

normal route of appeal from the high court

Answer 30

to court of appeal

Question 31

leapfrog appeal

Answer 31

rare
appeal direct to the supreme court
must involve a point of law of general public importance
the supreme court must give leave to appeal

Question 32

further appeals (from high court)

Answer 32

from a decision of the court of appeal, there is a further appeal route to the supreme court but this can only be done with leave from the court of appeal or supreme court