County Court Flashcards
(33 cards)
How many County Courts are there in the country ?
220
What are the 4 main cases the County Court deals with?
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
What does the Crime and Courts Bill 2012-2013 have provision to do?
to create a new separate Family Court
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?
Family matters
Which tracks can the County Court deal with?
- Small claims
- Fast track
- mulit-track
How many cases are started in the County Courts each year?
2 million
Which cases are less likely to proceed to a trial but settle instead?
those involving claims of contract or tort
Where will County Court cases most likely heard?
In open court where members of the public are entitled to attend
What civil matters are members of the public not entitled to attend? an example?
Those involving family matters
e.g maintenance hearings
Under what power are members of the public not entitled to attend the proceedings of?
proceedings under the Children Act 1989
What will happen in a family matter proceeding?
- many claimants and defendants will be represented usually by a solicitor but sometimes a barrister
What makes a case in the County Court much more expensive than one in a small claims track ?
-Winners may claim costs including the cost of legal representation
Who usually hears County Court cases?
a Circuit Judge
Who usually hears a County Court case which is lower-value ?
District Judge
Who might sit with the judge in rare cases ?
A jury of 8
in 1998, before the Woolf reforms what was the average waiting period for fast track cases in the County Court?
85 weeks
What did the Woolf report find about fast track cases in the County Court?
that the costs of cases were often higher than the amount claimed
What does ‘fast track’ mean?
the court will set down a very strict timetable for the pre-trial matters
Why does the court set down a very strict timetable for the pre-trial matters of fast track cases?
To prevent one or both parties from wasting time and running up unnecessary costs
Once a case is set down for hearing, how long is the case supposed to be heard in for a fast track case?
30 weeks
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?
2009-48 weeks
2011- 56 weeks
Who will hear a fast track case?
a District Judge
Where are fast track cases heard?
in an open court
in order to speed up the trial itself for a fast track case, what is the hearing limited to? (2)
- 1 day max
- number of expert witnesses restricted , usually only 1
