courts

Question 1

explain the courts and tracks

Answer 1

high court (multitrack)- claims above £100,000 or pi above £50,000
county court (multitrack) any claim not in fast track or small claims
county court (fast track) claims up to £25,000
county court (small claims track) claims up to £10,000 and pi up to £1,500

Question 2

who would hear which claim

Answer 2

county court- district judge (small claims track and some fast track)
circuit judge (multitrack and fast track)
recorder- part time judge
high court- King’s bench division deals with tort and contract cases
chancery division deals with land trusts and insolvency
family division- deals with divorce childrens welfare and medical treatment

Question 3

appeals

Answer 3

differ depending where case was first heard and which track
file appeal notice within 21 days after decision made in court
permission or leave is required and will only be given if appeal will likely be a success
small claims and fast track- county court district judge- circuit judge in the same county court- court of appeal (civil division)
county court circuit judge- high court judge- court of appeal (civil division)
multitrack- high court or county court-court of appeal (civil division)- supreme court

Question 4

role of judge

Answer 4

keeping control of court, decides on matters of procedures, hears evidence, decides how to apply law to agreed facts, makes judgement on outcome and agree to terms and wording of whichever may be made, decide on costs

Question 5

disadvantage of taking civil case to court

Answer 5

cost- must pay court fees which can run into hundreds of pounds
need for lawyers- complexity of trial needs lawyer
delays- time delays despite three tracks
technical knowledge- may hinge upon industry specific knowledge which a judge may lack
no flexibility- little control over process such as time or date
relationships- taking case to court rather than resolving it will result in breakdown of relationships