Civil courts + other forms of dispute resolution Flashcards
civil court hierarchy
Supreme court
COA (civil division)
High court
County court
what can the county court try
nearly all civil cases
what is the pre-action protocol in the county court
1) C writes letter to D (informal)
2) D replies (rejecting or accepting) - N1 form
3) gives to court office + pats court fee (based on % of claim)
4) D replies with N9 form (acknowledgment of service)
5) accept or reject - 14 days:
• reject: further 14 days is o submit defence
• ignore: court order in default (normally)
which court will the case be in for personal injury cases up to £50 000
county court
which court will cases of personal injury above £50 000 be in
high court
which court will damage to property cases up to £100 000 be in
county court
which court will cases of damage to property above £100 000 be in
high court
Track system overview
- small claims track
- fast track
- intermediate track
- multi track
explain small claims track (court, limit for damage to property + PI)
county court
up to £10 000 damage to property
up to £1 000 PI
explain fast track
- county court
- cases up to £25 000
- normally heard in 1 day
- both sides agree on one expert (e.g. doctor)
explain intermediate track
county court
£25 000 - £50 000
damage to property up to £100 000
explain multi track
high court
unlimited £
if C partly unhappy about high/ county court decision what can they do
appeal against decision to a judge in a high court
appeals from county - explain appeal route depending on level of judge hearing case
heard by district judge - appeal to circuit judge in CC
heard by circuit judge - appeal to high court judge
• further appeals to COA (civil division) in exceptional cases e.g. point of law/ compelling reason
appeals from high court usually go….. but in rare cases straight to …..
- usually = COA (civil division)
- rare = straight to supreme court (leapfrog)
• further appeal from COA to SC if COA or SC give permission to appeal
when may there be a “leapfrog” appeal from high court to supreme court
on cases of national public importance
what are tribunals with case
they operate alongside court systems but are inferior to the courts - Peach Grey v Sommers
what act created a unified structure for tribunals
the Tribunals, Courts & enforcement Act 2007
role of first-tier tribunal with example
hear first instance cases + operates in 7 chambers e.g. Asylum and Immigration chamber would deal with right of immigrants to have a claim tor political asylum heard
what are employment tribunals
separate to first-tier tribunals and hears cases such as unfair dismissal
role of upper tribunal
hears appeals + is divided into 4 chambers e.g. Asylum and Immigration Chamber
3 types of tribunals
- administrative tribunals
- domestic tribunals
- employment tribunals
what do administrative tribunals deal with
disputes between individuals and the state over rights contained in social welfare legislation e.g. social security, Immigration and land
what are domestic tribunals with examples
internal, used for disputes within private bodies e.g. Law Society, General Medical Council
