Civil Courts & Appeals Flashcards
Evaluation
Advantages
+ The process is fair and everyone is treated alike. The judge makes an impartial decision based on the facts of the case. The judge will be a qualified legal expert (unlike a mediator!).
+ Enforcement of the court’s decision is easier, as any decision made by the courts can be enforced by the courts. This is not the case for some ADR methods such as conciliation where decisions are not legally binding or enforceable by the courts.
+ There is an appeal process with specific appeal routes from decisions made in the courts (discuss these). So if the claimant is unhappy with the decision, they should be able to appeal against it.
+ It may be possible to get legal aid for some cases (which? – LASPO 2012). This is usually in place to protect the most vulnerable in society and ensure they get justice.
Disadvantages
- The costs of taking a case to court are often more than the amount claimed. In the High Court, the cost can be hundreds of thousands of pounds.
-There is often delay. There are many preliminary stages to go through that add to the strength of a case. Even after the case is set down for a hearing at court, there is still a long wait – usually a year! Some cases may not be finished for years.
- It is a complicated process. There may be compulsory steps to be taken before a case is started in court. E.G. Some cases require the parties to use pre-action protocols and give the other party certain information. There are forms to fill in before going to court. All of this makes it complicated for a person to take a case without legal advice or help.
- There is uncertainty as the claimant has no guarantee of winning a case. If they lose, they may have to pay the other party’s costs. This makes it difficult to know how much a case is going to cost in advance.
Civil Courts in the first instance
County Court
1. There are approx. 200 County Courts.
2. The government plans to close another 50 of these.
3.Cases are heard by a Circuit judge or a District judge.
4. On very rare occasions a judge will sit with a jury. This only happens in cases such as defamation.
5. The main types of cases that the County Court deals with are: contract and tort claims, recovery of land, disputes over equitable matters such as trusts up to £350,000.
High Court Based in London but also has judges sitting in courts in towns and cities throughout England and Wales. It is divided into three divisions:
Queen’s Bench Division (QBD)
1. Deals with contract and tort cases over £100,000.
2. Hear smaller claims where there is an important point of law.
3. Cases are normally tried by a single judge. 4. There is a right to jury trial for cases such as fraud and libel.
5. The QBD also has an Administrative Court which carries out judicial reviews - a check on decision-making bodies such as Government.
Chancery Division
1. This division deals with disputes involving bankruptcy, trusts, copyright & probate.
2. Juries are never used in the Chancery Division therefore cases are heard by a single judge.
3.There is a special Companies court that mainly deals with winding up companies.
Family Division
1. Hears family cases where there is dispute about which country’s laws should apply.
2. Hears all international cases concerning family matters under the Hague Convention. 3. Cases are heard by a single judge and juries are no longer used.
4. The Crime and Courts Act 2013 created a new separate Family Court.
5. The majority of family matters that were previously dealt with by the Family Division are now dealt with by the Family Court.
Three tracks
Commencing a claim
1. Parties are encouraged to provide as much information to each other when a potential claim arises, in order to prevent the need for so many cases ultimately ending up in the courtroom.
2. The claimant writes to the other party, stating why they feel they are owed money and demand payment by a certain time.
3. Once the defendant has replied to the letter(s), and the issue has still not been resolved, court action can begin.
4. The claimant must complete an N1 form and pay a fee for issuing the claim.
5. A decision is made about which court is going to be used:
Small claims track
1. Started in 1973 to provide a relatively cheap and simple way of making a claim for a small amount of money
2. Claims up to £10,000 (£1000 personal injury claim)
3. People are encouraged to represent themselves to keep costs down (lawyers are discouraged)
4. If a lawyer is used, the winning party CANNOT claim the legal costs for the lawyer’s fees from the losing party
5. Small claims cases are usually heard by a District Judge in private (in the Judge’s chamber). The judge hears the case, asks questions to both parties, makes a decision about who is liable.
Fast Track
1. This is for claims between £10,000 - £25,000.
2. Prior to the Woolf reforms in 1998, cases were expensive and took far too long to be settled. Today, the court sets down a strict timetable for pre-trial matters. This is done to prevent one or both sides wasting time and running up unnecessary costs.
3. The case should try to be heard within 30 weeks of the claim being issued (average wait is likely to be 50 weeks!)
4. A Circuit Judge usually hears the case in an open court.
5. Hearings are limited to one day with only one witness-expert being permitted to give evidence.
Multi Track
1. This is for claims more than £25,000
2. Case can be started in the County Court and remain there or can be sent to the High Court.
3. A Circuit judge hears the case in open court. This can last for several days
4. Circuit judge is expected to ‘manage’ the case from the start.
5. The judge will identify issues at an early stage, set timetables and ask the parties to try ADR to avoid the hearing in court.
Reasons to Appeal
Reasons to appeal: * error of law * error of fact * procedural unfairness
Appeals from County Court
1. Small claims track -> appeal to next Judge in hierarchy (e.g. if tried by District Judge, appeal to a Circuit Judge)
2. Fast track cases heard by a District Judge -> appeal to a Circuit Judge in County Court
3. Fast track cases heard by a Circuit Judge -> appeal to a High Court Judge in the High Court
4. Multi-track cases heard either by a District or Circuit Judge -> appeal to the Court of
Appeal (Civil Division) Appeals from the High Court
1. An appeal from the High Court usually goes to the Court of Appeal (Civil Division).
2. In rare cases there may be a leapfrog appeal to the Supreme Court under the Administration of Justice Act 1969.
3. This must involve a point of law of general importance which concerns the interpretation of an Act of Parliament or a binding precedent which the trial judge must follow. 4. Permission to appeal must be granted and be submitted within 21 days of the decision.
Further Appeals
1. From the Court of Appeal, there is a further route of appeal to the Supreme Court (only with permission to appeal).
