Civil Justice System

Question 1

How long do you have to serve a claim form after issue

Answer 1

4 months

Question 2

How long is a claim form valid for

Answer 2

4 months and 1 day

Question 3

What should a claim form be accompanied by

Answer 3

Response pack

Question 4

Methods of serving a claim form

Answer 4

In person
First class post, DX or delivery service providing next business day delivery
Leaving it at relevant places
Fax or electronic method but other party must have indicated willingness to accept it electronically
Any other method authorised by courts

Question 5

What does without prejudice mean

Answer 5

The judge must not be informed of the offer until case has been decided

Question 6

Reasons to want a HC judge

Answer 6

Financial value
Complexity
General public importance

Question 7

Cases to be started in HC

Answer 7

Libel or slander
Title to toll, fair market or franchise is in question
Habeas corpus
Damages under HRA for judicial acts

Question 8

Cases to be started in county court

Answer 8

Discrimination

Enforce regulated agreements and linked transactions under consumer credit act where upper credit limit is £25k

Question 9

Exceptions to concurrent jurisdiction in HC / CC

Answer 9

Non personal injury cases in CC unless value is £100k+

Specific enactment

Money claim started in HC may be transferred to CC if worth less than £100k

Question 10

Who can grant permission for appeal

Answer 10

First appeal - lower court or appeal court

Second appeal- only C of A

Question 11

Criteria for granting a first appeal

Answer 11

Real prospect of success
Or
There is some other compelling reason why it should be heard

Question 12

Criteria for permission for second appeal

Answer 12

Must have real prospect of success
And
Raise an important point of principle or practice
Or
Some other compelling reason to allow it

Law only not facts unless PD makes exception or interests of justice to hold re-trial

CofA only allows appeal if lower court erred in law, fact, or exercise of discretion or unjust due to procedural irregularity

Question 13

Which court appeals to which court

Answer 13

District judge (cc) - circuit judge (cc)
Circuit judge (cc) - high court judge (HC)
Master high court (HC) - HCJ (HC)
HCJ (HC) - lord justice of appeal (c of a)
LJ of appeal (c of a) - justice of SC (SC) up

Question 14

What is the overriding objective of CPR

Answer 14

Deal with cases justly and at proportionate cost

Question 15

What does it mean to deal with a case justly and proportionately

Answer 15

Ensure parties on equal footing
Save expenses
Deal expeditiously and fairly 
Appropriately share courts resources 
Enforcing rules, PDs and orders 
Deal proportionately

Question 16

How to enforce the overriding objective of dealing justly and proportionately

Answer 16

Court must actively manage cases to further objective

Parties are required to help the court further this objective

Question 17

Are costs always awarded to winning party

Answer 17

No it’s at the courts discretion

Question 18

What is the indemnity principle regarding costs

Answer 18

Winning party cannot recovery costs greater than they pay to their legal representation

Question 19

Will the full costs always be awarded when a costs order is made

Answer 19

No might be all costs but might be just part or between some dates

Question 20

Will all costs be assessed

Answer 20

No sometimes they are fixed

Question 21

What is a wasted costs order

Answer 21

When conduct of legal rep is improper, unreasonable or negligent they pay own clients costs (indemnity) or pay opponents costs

Question 22

Small claims track

Answer 22

No harassment or residential eviction
-£10k
Personal injury LAPS £1k or Landlord and tenant repairs £1k
District judge
Solicitor, barrister, LiP or lay representative
Cross examination, evidence and costs limited
No disclosure or inspection

Question 23

Fast track

Answer 23

£10-25k
Trial not more than one day
One expert per party 
Fixed costs only
Standard disclosure unless dispensed with by court or parties

Question 24

Multi track

Answer 24

Over £25k
Or under £25k but more than one day trial or more than one expert per party
CMC - identify issues and try to resolve some before main trial
Expert evidence is controlled by judge
Detailed list of evidence for disclosure

Question 25

what are the 3 types of tribunals

Answer 25

those administered through local authorities those run by gov depts those administered by HMCTS

Question 26

appeal process for tribunals

Answer 26

FTT - UT - C of A

Question 27

how long do you have to appeal a tribunal decision

Answer 27

file notice within 28 days of decision | JR and employment have shorter time scales

Question 28

what chambers does the upper tribunal have

Answer 28

administrative appeals, tax and chancery immigration and asylum land and employment

Question 29

chambers of FTT

Answer 29

``` social entitlements health, education and social care regulatory matters tax immigration asylum land employment ```

Question 30

which judges sit on privy council

Answer 30

supreme court judges and sometimes commonwealth judges

Question 31

eligibility criteria to appeal a civil matter to the privy council

Answer 31

the case must raise a point of general public importance or there has been a grave violation of natural justice

Question 32

who gives permission to appeal to supreme court

Answer 32

ask c of a first. if they refuse then apply to SC directly.

Question 33

how long do you have to appeal to SC

Answer 33

28 days from judgement

Question 34

does an appeal to SC suspend decision of court below

Answer 34

no

Question 35

eligiblity criteria to appeal to SC

Answer 35

arguable point of law of general public importance that ought to be considered by them at that time

Question 36

who makes decisions in SC

Answer 36

full court or court registrars and single judge for procedural matters registrar normal hears on papers but can have oral hearing if they wish

Question 37

do county courts attach to counties

Answer 37

no

Question 38

is it possible to leapfrog C of A and appeal from HC to SC

Answer 38

rare but yes on point of law of public importance. SC must grant permission

Question 39

eligibility criteria to appeal a civil case to C of A for first appeal

Answer 39

the court considers the appeal would have a real prospect of success or there is some other compelling reason why the appeal should be heard

Question 40

eligibility criteria to appeal a civil case to C of A for further appeal

Answer 40

real prospect of success and | raises important point of principal or practice or other compelling reason to hear it

Question 41

how long do you have to appeal to C of A for first appeal or further appeal

Answer 41

21 days from date of judgment or other date set by court

Question 42

admin process to appeal to C of A for first appeal or further appeal

Answer 42

21 days from decision to get permission serve notice on other party not later than 7 days after filing respondent can file and serve their own notice within 14 days of receiving appelants notice court will need to see grounds for appeal and skeleton argument