Civil Courts & Appeals Flashcards
1
Q
County Court Jurisdiction
A
- Negligence claims, where Individuals seeking compensation for injuries
- Landowners seeking orders that will prevent trespass
- Debt Claims & Consumer Disputes which generally involve a breach of contract
2
Q
High Court Divisions
A
- Kings Bench Division
- Chancery Division
- Family Division
3
Q
Kings Bench Division
A
- Work
- Tort
- Contract
- Criminal Appeals
- Judicial Reviews
4
Q
Pre-action Protocols (Personal Injury)
A
- Rules about what parties must do even before court proceedings are issued.
5
Q
Family Division
A
- Disputes under Hague Convention
- Adoption
- Divorce
- Wills
- Child Custody
6
Q
Chancery Division
A
- Tax
- Property
- Wills & Probate
- Bankruptcy Cases
7
Q
Pre-action Protocoals (PI) Instructions
A
- Claimant must send defendant a Letter of Claim which sets out why D is at fault, nature of injury etc.
- D has 3 months to investigate & admit liability or explain to C why liability is denied.
- Parties agree on expert witness if required
8
Q
Issuing a Claim
A
- Complete N1 form only if dispute cannot be settled
- Engage in ADR
- Provide information to court
- Complete Allocation Form
9
Q
Defending a Claim - List the Choice the Defendant has a choice of doing
A
- Admit the claim & pay full amount to claimant/court
- Admit the claim & pay in installment. If this is accepted by claimant, the case will end
- Dispute the claim & file a defence settings out why the claim could not be paid
- File an N9 confirming receipt of the claim form but asking for the time to file a defence.
10
Q
Tracks Purpose
A
If a claim is defended, a judge must allocate it to an appropriate case management track for it to be dealt with in the most cost effective way
11
Q
Small Claims Track
A
- Claims under £10,000 except for PI Cases under £1000
- Heard by a District Judge
- County Court
- Winning party cannot recover legal costs which tends to mean lawyers are not involved
- District judge must adopt an Inquisitorial approach
12
Q
Multi Track
A
- Cases between £10,00 - £25,000
- PI Cases between £1,000 - £25,000
- Heard by Circuit Judge
- County Court
- 30 week timetable is set to get cases to trial
- 1 joint expert allowed
- Trial limited to 1 day
13
Q
Intermediate Track
A
- Disputes involving values from £25,000- £100,000
- Heard by District Judge
- County Court
14
Q
Multi Track
A
- Cases over £100,000 or complex cases over £25,000
- Claims up to £50,000 are heard in County Court
- Clims over £50,000 are heard in High Court
15
Q
Appeals Route
A
District Judge -> Circuit Judge -> Court of Appeal (Civil Division)
Circuit Judge -> High Court -> Court of Appeal (Civil Division)
