civil courts and tribunals Flashcards
what happens when there is a dispute?
an alternative form of dispute resolution should be attempted
what are the advantages of using ADR?
- maintain a working relationship
-save themselves expenses of court costs
what are the forms of ADR?
mediation, negotiation, conciliation, arbitration
what happens when a person refuses ti use ADR or denies liability?
only way to get compensation is through a court case
what must both parties follow and under what rules?
pre-action protocol in accordance to the civil procedure rules 2010
what are some objectives of PAP?
-try to settle issues without proceedings
-consider a form of ADR to assist with settlement
what happens if one person doesn’t follow PAP?
they may be liable to costs
which rules say which court will depend upon the amount being claimed?
Civil Procedure Rules 2017 Practice Direction 7
what does the CPR 2014 PD 7 state?
proceedings may take place in the High Court if claims are OVER £100,000
inn what other circumstance may the proceedings in High Court take place?
if personal injury claim is £50,000 or more
what happens when the ADR is NOT successful`?
claimant may be advised to use Ministry of Justice’s Money Claim Online
what happens when the claimant uses the MCOL?
claimant issues a “claim form”
what does a claim form include?
-partliculars of claim
how many copies are filed and what with?
there are 3 copies filed at the court and with a fee
what does the fee depend on?
amount of money being claimed
how many choices does the defendant have?
3
what is the first choice the defendant has?
-to do nothing
- if no reply within 14 days, the claimant wins the case]
-judgement is entered against defendant in default
what is the second voice the claimant has?
admit the case - complete admission slip
what is the third choice the defendant has?
-defend the case by filing a defence within 14 days
- complete an allocation questionnaire to decide a track
what happens if defendant chooses to defend the case?
must file a defence in court
what does the court keep a record of?
record of response, case monitoring
what will the court then send to the defence?
allocation questionnaire to both parites
what does the court do when court receives questionnaires?
District Judge allocates the case to appropriate track and case manages
TRACK SYSTEM:
who is the decision made by in the County Court?
District Judge
who is the decision made by in the High Court?
Master Judge
since what acts the courts divided into three tracks?
Access to Justices Act 1999
what are the three tracks?
small claims track, fast track and multi track
SMALL CLAIMS TRACK:
where is the small claims track found within?
county court
what value do small claims track hear?
claims up to £10,000 or less unless personal injury up to £1,000
hat does the small claims track provide?
simplified and more informal system as parties generally represent themselves
what happens even if win or lose?
both parties pay their own costs as legal funding is NOT available
what can the winner do?
claim for the court fees from the losing party through application
which judge hears small claims track?
District Judge
how long does a hearing take?
no longer than 2-3 hours
what type of cases are small claims track?
consumer claims, debt recovery and repossession orders by landlords
FAST TRACK:
where is fast track claims found within?
County Court
what value do fast track claims apply to?
claims between £10,000 and £25,000
how many weeks does the case need to be heard within?
with 30 weeks of applying
how long does a rial last?
no longer than a day as the case if managed by a relevant judge
which level of cases are fast track?
moderately complex cases
what judges hear fast track claims?
heard by a District Judge, or Circuit Judge if between £15,000 - £25,000
when is legal funding only available in fast track?
if raises a human rights issue
what type of cases are fast track?
contact, consumer and personal injury
MULTI TRACK:
which court is multi track found within?
High Court AND County Court
what value are multi track claims heard at?
claims over £25,000
what level are the cases heard?
complex cases
which cases are heard in multi track?
corporate disputes, medical negligence and serious personal injury
which Judge hears the cases?
Circuit Judge AND Hight Court Judge
what must be attempted first before a hearing takes place?
form of ADR
is the case managed? how long is the length of trial usually set?
the case IS managed and length of trial is around 30 days
when is legal funding available?
if it involves human rights issues
COUNTY COURT JURISDICTION:
what matters do the county court deal with?
civil matters
which cases does the County Court deal with?
contact and tort cases and recovery of land
which more cases does the County Court deal with?
bankruptcy and insolvency matters and cases relating to wills where value of fund doesn’t exceed £30,000
what tracks does the County Court hear?
Small claims track , fast track and multi track (only if under £100,000)
what are the two types of judges that sit in the County Court?
Circuit judges and District Judges
what are Circuit Judges appointed to?
one of seven regions in England and Wales
where does the County Court sit within?
their particular region
what track and value do Circuit Judges generally hear?
fast track from £15,000 and multi track up to £100,000
which cases do the District judge deal with?
majority of cases with the County Court
what type of track cases does the District Judge listen to?
small claims track and fast track up to £15,000
HIGH COURT JURISDICTION:
how high is the High Court?
third highest court in the UK
what cases does the High Court listen to?
civil cases and appeals of decisions admen lower courts
how many judges are usually hear cases in the High Court?
one single judge
what are the three divisions that the High Court is split into?
Kings Bench Division, Family Division, Chancery Division
KBD:
largest division, but what claims are herd by the KBD?
tort and contract claims over £100,000 and personal injury up to £50,000
what instance is the KBD and which court?
Court of 1st instance and is an appellate court
what does the KBD hear applicants for?
judicial review
what does it mean to hear applicants on judicial review?
court considers if the Local Authority or MPs have exceeded their powers
where does the KBD hear appeals from and who’s decision?
hears appeals from the County Court and decision made by Circuit Judge
KBD has criminal jurisdiction, what ones this mean?
the KBD hear cases appeals made by the Magistrates Court and Crown Court
who are the cases presided by?
President of the KBD
FAMILY DIVISION:
which act does the Family Division deal with all cases relating to children?
Children’s Act 1989
what does the division use that is the only one that uses it?
only division that uses warship
what cases does Family Division involve of?
probate, divorce and medical treatments
what act does the division use medical treatments under?
Family Law Act 1996
who is the family division over seen by?
Precedent of the Family Division and 20 judges
what do the judges in the family division also hear?
also hear appeals from the Family Court
CHANCERY DIVISION:
what cases does the Chancery Division deal with?
a variety of civil work
what does the civil work involve?
specialist work involving companies, business, trade and industry dispute
APPEALS:
what affects the appeal route that should be used?
the track and level of judge who heard the case
who can an appeal be made by?
Claimant or Defendant
what are the reason for appeal?
- error of law
- error of fact
- procedural unfairness
APPEALS FROM COUNTY COURT:
what if a case is heard by a District Judge?
the appeal is to the Circuit Judge in the County Court
when can a second appeal be made to the Court of Appeal?
only if it raises an importance of law
when can an appeal to the Supreme Court be made?
if it leads to a change in the law
what happens if the case is heard by a Circuit Judge?
then appeal is made to the High Court by a High Court Judge
APPEALS: HIGH COURT
where does the appeal from a High Court go to?
Court of Appeal (CIVIL DIVISION)
what is the ‘leap frog’ process?
a process of appeal from the high court straight the to supreme court
when can the ‘leap frog’ process be used?
when it relates to an important area of law or Court of Appeal is bound by one of their past decisions
what is an example for a case that used the leap frog process?
Radmacker V Garantino (2010)
