Court system

Question 1

What are the different tracks in the county courts and the minimum claim amount for each track?

Answer 1

Small claims: up to £10,000
Fast track: £10,000 - £25,000
Multi-track: £25,000 and above and cases too complex for fast track

Question 2

What is the minimum value of claim to be brought in the high court?

Answer 2

£100,000, and £50,000 for personal injury cases

Question 3

What are the 3 main divisions in the high court and what cases do each of them deal with?

Answer 3

1. King’s bench division - multi track claims for all civil actions, adinistrative court (judicial review)
2. Chancery division - land contracts, trusts and wills
3. Family division - family proceedings (adoption, complex divorces)

Question 4

What are the solicitors rights of audience?

Answer 4

A solicitor can represent clients in the County Court,

BUT cannot represent in the Corwn Court or High Court without completing advocacy assessments and being granted higher rights of audience

Question 5

Who can a party seek permission to appeal from?

Answer 5

Permission to appeal must be sought from the court that made the initial judgement.

If the court refuses permission to appeal, an application can be made to the court to which the case will be appealed

Question 6

What is the criteria for permission to appeal?

Answer 6

An appeal will be granted only if:
1. The claim has a real prospect of success
2. There is another pressing reason to hear the case

Question 7

What is the order of civil appeals?

Answer 7

District Judge –> Circuit Judge
Circuit Judge –> High Court Judge
Masters of High Court –> High Court Judge
High Court Judge –> Court of Appeal (Lord Justice)
Court of Appeal –> Justice of the Supreme Court

Question 8

What does stare decisis mean?

Answer 8

‘Let the prior decisions stand’

Question 9

When are decisions binding in the Court of Appeal for future cases?

Answer 9

In civil court: CoA decisions are generally binding in future CoA cases

In criminal court: CoA decisions are generally binding in future CoA cases, but **the court has discretion to depart if it is convinced the earlier decision was wrong **

Question 10

When are decisions binding in the High Court for future High Court Cases ?

Answer 10

High court decisions are generally binding in future High Court cases if the court was acting as an appellate court

BUT, not if the court was acting as a trial court

Question 11

Is the Supreme Court bound by its prior decisions?

Answer 11

Nope