civil courts and appeals

Question 1

how many county courts are there and what do they deal with

Answer 1

150
contract and tort
equitable matters
family law

Question 2

what are civil courts usually heard by

Answer 2

circuit judge or district judge

Question 3

when will a jury of 8 sit in the county court

Answer 3

defamation malicious prosecution or false imprisonment

Question 4

what does a DJ deal with

Answer 4

bankruptcy insolvency, wills and trusts

Question 5

high court divisions

Answer 5

3 divisions
KBD
chancery division
family division

Question 6

KBD

Answer 6

largest division deals w contract and tort cases where the amount claimed is 100k plus

Question 7

KBD heard by

Answer 7

a jury of 12 rare
single judge

Question 8

chancery division

Answer 8

insolvency enforcement of mortgages intellectual property matters

Question 9

who hears cases in the chancery division

Answer 9

single judge never jury

Question 10

family division

Answer 10

crime and courts act 2013 new seperate family court

deals w parental disputes over bringing up children
financial support after divorce
domestic violence and adoption

Question 11

pre action protocol

Answer 11

designed to encourage parties to exchange as much info as possible to be in contact with each other

3 tracks

Question 12

lord woolfs reform report

Answer 12

said to introduce 3 track system
alternatives to going to court

said the legal system should be just fair reasonable cost reasonable speed and understandable

Question 13

what did lord woolf find instead

Answer 13

unequal slow uncertain and complicated

Question 14

as a result of the woolf report what was introduced

Answer 14

civil procedure rules 1999

Question 15

sanctions

Answer 15

issued when parties don’t follow the time table or delay unnecessarily

Question 16

appeal routes

Answer 16

set out in part 52 of the civil procedure rules
can be made by a claimant or d
they can appeal against case management directions from any point of law or against the compensation award

Question 17

advantages

Answer 17

fair
conducted by a legal expert
enforcement of courts decisions is easier
specific appeal process
legal aid possible

Question 18

disadvantages

Answer 18

high costs
delay
complicated process due to pre action protocols
uncertainty c may not win and there is a risk that they will pay the other sides costs