Civil courts and other forms of dispute resolution Flashcards
What are the two courts of first instance?
County court and High court
In what order is the hierarchy of civil courts?
Supreme courts, court of appeal, high court (family, kings bench, chancery), County court
Why would someone use the civil courts? give 4 examples:
-Problems with faulty or poor quality goods
-Contesting a will
-Divorce
-Someone might have copied your work
What is a court of first instance?
Where a case has it’s first hearing
What judges work in the county court?
District and Circuit judges
What issues will the county court deal with?
Contract, tort, recovery of land to any value, partnerships (business), trusts, and inheritance up to £30,000, bankruptcy, divorce
What tracks will be heard in the county court?
Small claims, fast track, intermediate track, some multitrack cases
How is the high court divided up?
The high court has three divisions and each division deals with different matters.
What is the general jurisdiction of the high court?
The high court is the third highest court in the UK. It deals at first instance with all high value and high importance civil law (non-criminal) cases, and also has a supervisory jurisdiction over all subordinate courts and tribunals, with a few statutory exceptions.
What is the jurisdiction of the King’s bench division of the high court?
The vast majority of the KBD’s work involves contract and tort matters, where the claim for damages is over £50,000 and some from £25,000 (multi-track).
Give examples of the claims that would be held in the King’s bench division of the high court:
Personal injury, negligence, breach of contract, libel and slander, non-payment of debt, possession of land or property
What does the chancery division of the high court deal with?
Business and property related disputes, competition, intellectual property claims (copyright, patent, design), insolvency claims, probate claims
What des the family division of the high courts deal with?
All matrimonial matters, Children Act 1989 cases, cases under the child abduction and custody act 1985, matters under the adoption section inheritance act 1975, probate and court of protection work, other family matters under the family law act 1996 (e.g. issues relating to the family home and domestic violence)
What two forms are involved in making a claim?
N1 form and N150 form
What is the N1 form?
The way to start a civil claim and it gets sent to the defendant who has 14 days to respond to the claim. N1 form will contain the particulars of the case and an allocation form must be filled out.
What is the N150 form?
The N150 is sent to both parties, if the claim is going to be disputed. The court uses the filled in forms to determines how the case should be allocated and the courts will look at this form to determine the track the case will take
What steps should be taken by parties before a claim is made?
-Both parties have exchanged key documentation (insurance forms, witness statements etc) + the allocation questionnaire
-Each party must have an idea on how they would like to process with their case and a likely outcome
-have tried to resolve the issue outside of court (ADR)
-have tried to keep costs to a minimum
What is a pre action protocol and what is it’s aim?
A court claim should only be considered as a last resort if a negotiated settlement can’t be reached or a form of ADR has failed. It aims to ensure that as many problems as possible can be resolved without the need for a court hearing as well as speeding up the court process if the hearing goes ahead.
At what stage should the N1 and N150 form be completed in a civil claim?
In the pre action protocol stage
What court would a civil case be allocated if it is less than £10,000 (or £1500 in a personal injury claim)?
Small claims court
What court would a civil case be allocated if it is less than £100,000 (or £50,000 in a personal injury claim)?
County court
What court would a civil case be allocated if it is more than £100,000 (or more than £50,000 in a personal injury claim)?
It can be started in either the county court or more likely the high court
What are the three tracks that can be allocated to a civil case? and what will the track be allocated on the basis of?
Small claims, fast track, and multi-track
They will be allocated depending upon the amount being claimed and/or the complexity of the case
What is the small claims court as the track allocated for small claims?
It is heard in the county court by a district judge who should be inquisitional. Strict time is allowed for these cases between 2 and 3 hours maximum, with a limited number of witnesses. It is recommended that parties come unrepresented.
