civil courts and appeals Flashcards
when does a civil case arise?
when an individual or a business believes their rights have been infringed
what are the 2 main civil courts?
county court
high court
how is a claim started?
-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
what is the lowest civil court?
county court
how many county courts are in the UK?
around 200
what are the main areas of jurisdiction (county court)
-contract and tort claims
-cases for the recovery of land
-inheritance up to 30,000 pounds
what cases can the county court hear and what judges?
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
what cases does the high court hear?
only hears multi-track cases (cases involving 25,000 pounds or more
where is the high court based?
London
(but has judges sitting in 26 towns ad cities in UK)
what three divisions is the high court split into?
-king’s bench division
-chancery division
-family division
what is the biggest high court division?
the king’s bench division
what cases does the kings bench division deal with?
contract and tort cases
claims may involve issues such as personal injury, negligence, breach of contract and defamation
how are kbd cases tried?
usually by a single judge, however in cases such as libel and slander, juries are sometimes used
what is the administrative court?
part of kbd
supervises the lawfulness of the conduct on national and local governments through judicial review
what are the most common cases that the chancery division dealt with?
-disputes relating to business, property or land
-disputes over trusts
-intellectual property issues
-disputes over the validity of a will (probate disputes)
what matters/cases does the family division deal with?
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
what did the Crimes and Courts Act 2013 create?
a new separate family court
most family matters are now dealt with here unless they involve complex issues oflaw
what claims does the small claims track deal with?
claims of up to 10,000 pounds (or up to 1,000 for personal injury and landlord and tenant cases)
where are the small claims track cases heard and by what judge?
county court by a district judge (can also be heard by a circuit judge)
small claims track (lawyers)
-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
what claims does the fast track deal with?
cases between 10,000 and 25,000 (or more than 1,000 for personal injury and landlord and tenant cases)
where are fast track cases heard and by what judge?
county court
district judge (can also be heard by a circuit judge)
fast track timing regulations
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
what claims does the multi-track deal with?
cases over 25,000 (or less if the case involves complex law)
where are multi-track cases heard and by what judge?
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
how are multi-track cases managed?
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
appealing from a district judge (county)
appeal will be heard by a circuit judge in the county court
appealing from a circuit judge (county)
appeal will be heard by a high court judge in the county court
second appeals from the county court
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
normal route of appeal from the high court
to court of appeal
leapfrog appeal
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
further appeals (from high court)
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
