County Court

Question 1

How many County Courts are there in the country ?

Answer 1

220

Question 2

What are the 4 main cases the County Court deals with?

Answer 2

1) all contract & tort claims
2) all cases for recovery of land
3) disputes over partnerships, trusts and inheritance up to a value of £30,000
4) divorce cases

Question 3

What does the Crime and Courts Bill 2012-2013 have provision to do?

Answer 3

to create a new separate Family Court

Question 4

Which cases that are currently dealt with in the County Court will be eventually transferred to the new court instated by the Crime and Courts Bill 2012-2013?

Answer 4

Family matters

Question 5

Which tracks can the County Court deal with?

Answer 5

• Small claims
• Fast track
• mulit-track

Question 6

How many cases are started in the County Courts each year?

Answer 6

2 million

Question 7

Which cases are less likely to proceed to a trial but settle instead?

Answer 7

those involving claims of contract or tort

Question 8

Where will County Court cases most likely heard?

Answer 8

In open court where members of the public are entitled to attend

Question 9

What civil matters are members of the public not entitled to attend? an example?

Answer 9

Those involving family matters

e.g maintenance hearings

Question 10

Under what power are members of the public not entitled to attend the proceedings of?

Answer 10

proceedings under the Children Act 1989

Question 11

What will happen in a family matter proceeding?

Answer 11

• many claimants and defendants will be represented usually by a solicitor but sometimes a barrister

Question 12

What makes a case in the County Court much more expensive than one in a small claims track ?

Answer 12

-Winners may claim costs including the cost of legal representation

Question 13

Who usually hears County Court cases?

Answer 13

a Circuit Judge

Question 14

Who usually hears a County Court case which is lower-value ?

Answer 14

District Judge

Question 15

Who might sit with the judge in rare cases ?

Answer 15

A jury of 8

Question 16

in 1998, before the Woolf reforms what was the average waiting period for fast track cases in the County Court?

Answer 16

85 weeks

Question 17

What did the Woolf report find about fast track cases in the County Court?

Answer 17

that the costs of cases were often higher than the amount claimed

Question 18

What does ‘fast track’ mean?

Answer 18

the court will set down a very strict timetable for the pre-trial matters

Question 19

Why does the court set down a very strict timetable for the pre-trial matters of fast track cases?

Answer 19

To prevent one or both parties from wasting time and running up unnecessary costs

Question 20

Once a case is set down for hearing, how long is the case supposed to be heard in for a fast track case?

Answer 20

30 weeks

Question 21

Although the aim is to have a case heard within 30 weeks for a fast track case, what is the actually average wait in 2009 and 2011?

Answer 21

2009-48 weeks

2011- 56 weeks

Question 22

Who will hear a fast track case?

Answer 22

a District Judge

Question 23

Where are fast track cases heard?

Answer 23

in an open court

Question 24

in order to speed up the trial itself for a fast track case, what is the hearing limited to? (2)

Answer 24

• 1 day max

- number of expert witnesses restricted , usually only 1

Question 25

What did the Governments consultation paper

‘Solving Disputes in the County Court’ 2011 show?

Answer 25

for lower level claims, the cost of the claims was often greater than the amount claimed

Question 26

What Government consultation paper found that for lower level claims, the cost of the claims was often greater than the amount claimed ?

Answer 26

‘Solving Disputes in the County Court’ 2011

Question 27

Which claims are usually allocated to the multi-track?

Answer 27

claims for more than £25,000

Question 28

Is it likely for a multitrack case to be started in the County Court and referred to the High Court?

Answer 28

no, it is likely they will be tried in the County court

Question 29

Who hears a multi-track case?

Answer 29

a Circuit Judge

Question 30

What will the Circuit Judge who hears the multi-track case be expected to ‘manage’?

Answer 30

to ‘manage’ the case from the moment it is allocated to the multitrack route

Question 31

What does the Circuit Judge do in a multi-track case to stop the case from being a full court hearing ?

Answer 31

set timetables and asks the parties to try an alternate method of a dispute resolution in an effort to avoid a full court hearing

Question 32

What courts deal with civil cases?

Answer 32

• County Court

- High Court

Question 33

Problems of civil cases? (3)

Answer 33

• cost
• delay
• complexity