Brainscape's Knowledge GenomeTM

Browse over 1 million classes created by top students, professors, publishers, and experts.


See full index

Law > County Court and High Divison > Flashcards

County Court and High Divison Flashcards

You may prefer our related Brainscape-certified flashcards:
Civil Procedure 1L flashcards MBE flashcards MPRE flashcards
1
Q

What does the County Court try claims of ?

A

claims up to £100,000

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
2
Q

Give examples of these types of claims

A

negligence claims, debt based claims or tort based claims

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
3
Q

Who hears cases ?

A

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

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
4
Q

What do the judges of these cases decide?

A
  • liability
  • compensation paypable
  • any other remedy requested
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
5
Q

What is the small claim track part of ?

A

County Court

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
6
Q

Are lawyers present in the County Court ?

A

They are discouraged

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
7
Q

What claims are the Small Track ?

A

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

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
8
Q

Who hears the claims in the High Court

A

single judge of the High Court

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
9
Q

What are the 3 divisions judges are assigned to ?

A

Queen bench, Chancery, Family

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
10
Q

Which is the largest of the 3 divisions ?

A

Queen Bench

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
11
Q

What cases are heard in the Queen Bench ?

A

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

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
12
Q

What are the two specialist courts in the Queen Bench ?

A

Adminstrative Court and Circuit Commercial Court

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
13
Q

What types of disputes are heard in the Chancery ?

A

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

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
14
Q

Where are disputes heard in the Family divison ?

A

heard in private dealing with sensitive matters

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
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

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
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

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
17
Q

Before issuing a court claim what must be done first ?

A

Pre-action Protocol

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
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
Q

What will the court do to the defendant after the claim is being issued ?

A

court will send or serve the claim to the defendant

26
Q

What are the choices the defendant has ?

A
  • 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
Q

What happens when a claim is defended ?

A

judge will allocate it to the appropiate case managment

28
Q

What will Judges aim to obtain when a case is being dealt with ?

A

the most just and cost-effective way

29
Q

What claims are in the Small Claims ?

A

<£10k or £1k in PIC

30
Q

Who hears the Small Claims ?

A

District Judges

31
Q

Are lawyers present in the Small Claims ?

A

lawyers are discouraged

32
Q

How long is the hearing in the Small Claims ?

A

max 2-3 hours

33
Q

How many witness are in the Small Claims ?

A

limited

34
Q

What claims are in the High Court ?

A

£10k -£25k

35
Q

What is the layout of the High Court ?

A

strict timetable set a max of 30 weeks. if not met by parties = case thrown out or judge default awarded

36
Q

How long is the hearing in the High Court ?

A

max of one day

37
Q

How many witness in the High Court ?

A

limited witness

38
Q

Are lawyers present in the High Court ?

A

yes

39
Q

What claims are in the Multi-track?

A

£25k - £50k

40
Q

Where is the Multi-track allocated to ?

A

County Court

41
Q

Who hears claims in the Multi-track?

A

Heard by the Circuit Judge

42
Q

What is the layout of the Multi-track claims ?

A

strict timetable, disclosure of relevant documents, number of witness are all managed by the Circuit Judge

43
Q

What happens if a case is more complicated or involves more than £50k in claims?

A

sent to the High Court

Law (1 decks)

Brainscape helps you reach your goals faster, through stronger study habits.
© 2024 Bold Learning Solutions. Terms and Conditions