Courts

Question 1

Purpose of civil law

Answer 1

To establish and uphold the rights of the individual

Question 2

Purpose of criminal law

Answer 2

To punish crimes and protect society

Question 3

Value of claims: County Court

Answer 3

Up to £100,000

Question 4

Value of claims: High Court

Answer 4

Over £100,000

Question 5

Judges: County Court

Answer 5

Circuit Judge
District Judge

Question 6

Judges: High Court

Answer 6

High Court Judge:
Kings Bench Division
Chancery Division
Family Division

Question 7

Kings Bench Division

Answer 7

Tort/ contract claims
Over £100,000 in value
Over £50,000 in personal injury
Includes Administrative court (judicial review and case states appeals from Mag/ Crown)

Question 8

Chancery Division

Answer 8

Disputes over business/ property/ land/ trust/ partnership
Over £100,000

Question 9

Family Division

Answer 9

(generally in private)
For divorce/ welfare of child (Children Act 1989)/ appeals from lower courts
Cases with foreign elements:
International child abduction, forced marriage

Question 10

Pre-trial procedure in civil claims

Answer 10

• Proof of ADR
• Claim issued by claimant in correct court if ADR hasn’t worked
• claimant completes N1 claim form - parties involved/ reasons for claim/ amount of money
• claimant pays fee to court
• court serves claim on defendant who admits and pays/ disputes and files defence/ seeks time to file defence
• If D fails to respond claimant can apply for judgement in default and gets money

Question 11

3 track system in County Court

Answer 11

Small Claims Court:
under £10,000 and PI under £1000 (heard by District Judge under 3 hours)

Fast Track:
£10,000-£25,000, claim heard within 30 weeks by Circuit Judge in 1 day max.

Multi-track:
£25,000-£50,000, usually in County Court, heard by Circuit Judge (or High Court Judge for over £50,000 in value)

Question 12

Grounds for appeal

Answer 12

Error of law
Error of facts
Procedural unfairness

Question 13

County Court

Answer 13

Negligence, tort, debt, housing, probate claims
- claims heard by open court in 1 day
- judge reads case papers, hears evidence and arguments in court
- judge decides liability, compensation + who should pay

Question 14

High Court

Answer 14

Open court heard by 1 judge assigned to one of three divisions.
- judge reads case papers, hears evidence and arguments in court
- judge decides liability, compensation + who should pay