Civil Courts And Appeals Flashcards
Where will a civil case start and what does this depend on?
Two courts of first instance (County or High court) - depends on how much money is being claimed
County court jurisdiction (4 points)
- power to hear almost all civil cases
- max claim usually less than £50k
- approx 200 county courts
- heard by a circuit or district judge
What are 5 types of civil cases the county courts commonly deals with?
Contract, tort, trusts, inheritance, bankruptcy
High court jurisdiction (4 points)
- hears more expensive cases
- based in London
- has power to hear any civil cases
- three divisions with different specialities
What are the 3 divisions in the high court?
Kings bench division
Chancery division
Family division
Kings bench division deals with?
Majority of work, incl tort and contract cases not suitable for county court
Kings bench division is an administrative court, what is meant by this?
It also hears some criminal appeals and judicial review cases
Chancery division deals with?
Tax, property and bankruptcy cases
Family division deals with?
Cases involving addition, divorce, wills and child custody proceedings
What did the Crime and Courts Act 2013 introduce?
New family court which will normally hear all family cases unless complicated in which case will go to family division
What are the three tracks?
Small claims
Fast track
Multi-track
3 points about small claims track?
- disputes under £10k except PI which is up to 1k
- usually heard in private
- district judges
4 points about fast track?
- easy disputes of £10-25k
- 30 week timetable trial
- circuit judge in open court
- usually 1 day trail county court
4 points about multi track?
- cases over £100k or complex over £25k
- judge manages case and sets timetable (no limit)
- judge encourages ADR
- aims to keep cost low
