Civil Courts P1

Question 1

County Court

Answer 1

• Tries most cases up to £100,000
• All contract and tort cases
• All recovery of land cases
• Disputes over equitable matters
• EG: negligence//debt claims//housing claims
• Circuit or district judge

Question 2

What 3 divisions make up the high court?

Answer 2

Kings Bench Division//Family division//Chancery Division

Question 3

King’s Bench division deal with?

Answer 3

• Biggest of the three divisions and deals with contract and tort cases over £100,000, though the claim can be smaller if there is an important point of law
• Normally tried by a single judge, right to a jury for: fraud, libel, slander, malicious prosecution and false imprisonment

Question 4

Chancery division deals with?

Answer 4

Involves disputes:

• insolvency
• enforcement of mortgages
• trust property
• copyright and patents
• intellectual property matters
• contested probate actions
• £100,000
• Heard by a single judge and juries are never used

Question 5

Family Division deals with?

Answer 5

• Hears family cases over which countries laws should apply and all international family cases
• Heard by a single judge

Question 6

Pre-procedural measures?

Answer 6

• Parties are encouraged to give each other information in an attempt to avoid using court.
• ADR (alternative dispute resolution)

Question 7

Small Claims track

Answer 7

• Claims under £10,000 (£1500 for PI)
• District judge w/ experience or circuit judge
• Self-representation

Question 8

Fast Track

Answer 8

• Straightforward disputes of £10,000-£25,000
• More formal // one day hearing
• Circuit Judge in County Court
• One witness

Question 9

Multi-Track

Answer 9

• Cases over £100,000 or complex over £25000
• No limit on witnesses
• Circuit judge or high court if complicated

Question 10

Advantages of Civil Courts

Answer 10

• Structured process
• Fair as judge is impartial
• Enforcement of the courts decision
• There is an appeal process
• Possible legal aid

Question 11

Disadvantages of Civil Courts

Answer 11

• Costs
• Time-consuming
• Uncertainty
• Complications

Question 12

Appeal

Answer 12

• If the case was heard by a district judge in the county court the appeal goes to a circuit judge in the same court then to the court of appeal
• If the case was heard by a circuit judge in the county court then it is heard by a high court judge then it goes to the court of appeal
• If the case was heard in the High court it is appealed in the court of appeal and then a possible further appeal to the supreme court

Question 13

Leap frog?

Answer 13

• A leapfrog appeal allows a case to go directly from the High Court to the Supreme Court, skipping the Court of Appeal. It’s used for cases that involve important legal issues.

Question 14

Case Management

Answer 14

• Identifying issues from an early stage
• Encouraging use of ADR
• Setting out steps
• Aim to keep cost and delays to a minimum