Civil Courts And Dispute Resolution Flashcards
What judges sit in the county court
District and circuit judges
What cases do the county courts deal with
Personal injury up to £50,000
Divorces up to £100,000
Contract law up to £100,000
Wills up to £100,000
What judge sits in the high court
High court judge
What does the high court deal with ?
KBD - personal injury over £50,000
Defamation
Family division - child welfare
Chancery’s division - wills and business disputes
What are the 3 pre trial processes
Pre action protocol
Money claim online
N1 form
Allocation questionnaire
Explain pre action protocol
You are asked to follow ADR first before going to the civil courts
Explain money claim online
Advised to do this for simple claims. Go on gov website
Explain N1 form
Fill in form and Pay the fee
Explain allocation questionnaire
To find out how much the claim is and allocate it to a track
What court are small claims heard in ?
The county court
What amount of money cam you claim for in the small claims track
Up to £10,000 or £1500 personal injury
What judge listens to small claims
District judge
What are the costs in small claims track
Pay own court fees
Can’t claim any fees back
Other information on the small claims track
Informal way of dealing with claims - lawyers are discouraged
Legal representation not needed
What are the 4 circumstances that you can appeal from the high courts for?
- Point of law - law was misunderstood/ misinterpreted
- Don’t feel that all the facts have been put forward
- Damages - compensation/money
- Leave- need permission to appeal