County Court and High Divison Flashcards

1
Q

What does the County Court try claims of ?

A

claims up to £100,000

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2
Q

Give examples of these types of claims

A

negligence claims, debt based claims or tort based claims

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3
Q

Who hears cases ?

A

Circuit and District judges (only if the case is east and low value)

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4
Q

What do the judges of these cases decide?

A
  • liability
  • compensation paypable
  • any other remedy requested
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5
Q

What is the small claim track part of ?

A

County Court

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6
Q

Are lawyers present in the County Court ?

A

They are discouraged

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7
Q

What claims are the Small Track ?

A

claims <£10,000 or £1000 in personal injury case

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8
Q

Who hears the claims in the High Court

A

single judge of the High Court

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9
Q

What are the 3 divisions judges are assigned to ?

A

Queen bench, Chancery, Family

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10
Q

Which is the largest of the 3 divisions ?

A

Queen Bench

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11
Q

What cases are heard in the Queen Bench ?

A

contract and tort claims of over £100k and smaller claims

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12
Q

What are the two specialist courts in the Queen Bench ?

A

Adminstrative Court and Circuit Commercial Court

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13
Q

What types of disputes are heard in the Chancery ?

A

disputes relating buisness where over £100k and disputes over trusts

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14
Q

Where are disputes heard in the Family divison ?

A

heard in private dealing with sensitive matters

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15
Q

What type of cases are heard in the Family Division ?

A

where child is made a ward and welfare , appeals, cases with foreign elements

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16
Q

When should a court claim be considered ?

A

as last resort if negogiation settlement cant be reached or a form of ADR is failed

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17
Q

Before issuing a court claim what must be done first ?

A

Pre-action Protocol

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18
Q

What is the aim of Pre-action Protocol ?

A

ensure as many problems as possible can be resolved without the need of court hearing

19
Q

Where are claims of <£10k or £1k in PIC heard ?

A

Small Claims Court

20
Q

Where are claims <£10k or £50k in PIC heard ?

A

County Court

21
Q

Where are claims of >£10k or >£50k in PIC heard ?

A

County and High Court

22
Q

What form must be filled out when issuing a claim ?

A

N1 claim form

23
Q

What must be filled when completing the N1 claim form ?

A

name and address of the parties, bried details of the reason of the claim and the amount of money being claimed

24
Q

Where can the N1 claim form be filled ?

A
  • County Court
  • High Court
  • online
25
What will the court do to the defendant after the claim is being issued ?
court will send or serve the claim to the defendant
26
What are the choices the defendant has ?
- admit the claim and pay full amounts to the claimant or the court = if yes, case ends - admit the claim and pay in installments = if yes, case ends - Dispute the claim and file a defence settling out why the claim should not be paid - File an Acknowledgment service asking for time to file a defence
27
What happens when a claim is defended ?
judge will allocate it to the appropiate case managment
28
What will Judges aim to obtain when a case is being dealt with ?
the most just and cost-effective way
29
What claims are in the Small Claims ?
<£10k or £1k in PIC
30
Who hears the Small Claims ?
District Judges
31
Are lawyers present in the Small Claims ?
lawyers are discouraged
32
How long is the hearing in the Small Claims ?
max 2-3 hours
33
How many witness are in the Small Claims ?
limited
34
What claims are in the High Court ?
£10k -£25k
35
What is the layout of the High Court ?
strict timetable set a max of 30 weeks. if not met by parties = case thrown out or judge default awarded
36
How long is the hearing in the High Court ?
max of one day
37
How many witness in the High Court ?
limited witness
38
Are lawyers present in the High Court ?
yes
39
What claims are in the Multi-track?
£25k - £50k
40
Where is the Multi-track allocated to ?
County Court
41
Who hears claims in the Multi-track?
Heard by the Circuit Judge
42
What is the layout of the Multi-track claims ?
strict timetable, disclosure of relevant documents, number of witness are all managed by the Circuit Judge
43
What happens if a case is more complicated or involves more than £50k in claims?
sent to the High Court