DR 1 - Introduction to DR Flashcards
What are the main civil courts in England and Wales?
County Court, High Court, Court of Appeal, Supreme Court
Tribunals handle specific cases, usually involving government-related issues, and are not covered here.
What type of claims does the County Court generally handle?
Less complex, lower value claims
Specialist judges are not required.
Where does the High Court of Justice sit?
Royal Courts of Justice in London and various regional District Registries
There are over 130 District Registries across the country.
What are the three divisions of the High Court?
Chancery Division, King’s Bench Division, Family Division
What does the King’s Bench Division cover?
Claims for damages, personal injury, professional negligence, breach of contract, non-payment of debt
It includes the Administrative Court, Planning Court, Commercial Court, Circuit Commercial Courts, Technology & Construction Court, and Admiralty Court.
What types of cases does the Chancery Division handle?
Insolvency, Companies, Revenue, Competition, Business, Property, Trusts and Probate, Intellectual Property
Includes unfair prejudice petitions and shareholders disputes.
Who is the Lord Chief Justice?
The most senior member of the judiciary
Represents the views of the judiciary to Parliament and Government.
What is the role of the Master of the Rolls?
President of the Civil Division of the Court of Appeal
Second in judicial importance to the Lord Chief Justice.
What must solicitors do to represent clients in higher courts?
Pass additional qualifications to gain Higher Rights of Audience
What governs the procedure of litigation?
The Civil Procedure Rules 1998
What is the overriding objective of the CPR?
To enable the court to deal with cases justly and at proportionate cost
Involves keeping parties on equal footing and reducing expenses.
Who must give effect to the overriding objective?
The court and the parties involved
What defines a person as vulnerable in the context of court proceedings?
Factors preventing full participation or communication in court
What does case analysis evaluate?
The legal aspects of a case and what needs to be proven
What are the four elements most cases are built around?
- Duty
- Breach
- Causation
- Loss
What is the burden of proof?
Every fact in dispute must be proved
What is the standard of proof in civil cases?
Proof on a balance of probabilities
What can establish some issues without evidence?
- Formal admissions
- Presumptions
- Inferences of fact
Fill in the blank: The High Court is divided into _______.
3 divisions
True or False: The County Court has separate divisions.
False
Fill in the blank: The CPR is supplemented by _______.
Practice Directions
What does the Planning Court handle?
Appeals/applications relating to planning permission, highways, rights of way, compulsory purchase orders
