County and High Court Jurisdiction Flashcards
How many county courts are there?
200
What cases do they deal with?
Small claims court - actions up to £10 000
Fast track and multi track cases
All contract , tort , recovery of land and disputes over trusts
Which judges sit in county court?
District or circuit judge
On rare occasions a jury of 8 will sit on defamation , malicious prosecution and false imprisonment
How many high courts?
1 but it has 26 centres over country where judges can sit and hear cases.
What cases do high courts hear?
Any type of civil case
Only over £25 000 or complex cases
3 Issues with high court cases?
Expensive due to lawyer/court fees
Significant delays
3 years before issuing a claim and trial
Hourly trial fees brought in April 2005
3 divisions of High court?
KBD
Chancery Division
Family division
What cases does KBD deal with?
Contract and tort law over £100 000
Tried by 1 judge and jury of 12
Fraud , malicious prosecution , false imprisonment
What does the administrative court do?
Administrative court in the KBD supervises the lawfulness of gov , inferior courts and tribunals through judicial review.
What does the chancery division deal with?
Insolvency , mortgages , trusts and copyright and intellectual property
Juries never used and dealt with by a single judge.
What does the special companies court do?
Deals with winding up companies- liquidating limited company’s.
What does family division deal with?
Family cases where there’s a dispute about which country’s law should apply
Also hears cases which could be heard in family court.
What is the pre trial procedure for civil courts?
The claimant needs to complete an N1 form. This is handed in to the court office and a fee is paid - higher claim = higher fee.
What are the 3 things the defendant do when they receive a claim? ( N1 form )
Admit the claim and pay the amount
Despite by sending N9 form or a defence to the court within 2 weeks.
If D does nothing claimant can ask the court to make an order to pay 💰
