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Paper 2-Civil Law > ELS-The Civil Courts > Flashcards

ELS-The Civil Courts Flashcards

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1
Q

Name the 2 Civil Courts

A

County Court
High Court

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2
Q

How many county courts are there across the country?

A

Over 200

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3
Q

What other claims do county courts see?

A

Contract claims
Recovery of land cases
Equitable matters up to a value of £350,000

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4
Q

Do judges in a county court sit with a jury?

A

No but in certain rare circumstances the judge will sit with a jury of 8

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5
Q

What type of judges are county court claims heard by?

A

Circuit judge or District Judge

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6
Q

3 Divisions of the High court

A

Queen’s Bench Division
Chancery Division
Family Division

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7
Q

What type of cases does the Queen’s Bench Division see in the High Court?

A

Contract/tort cases where the amount involved is less than £100,000

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8
Q

Who are Queen’s Bench Division cases seen by in the High Court?

A

Usually seen by a single judge though rarely there is also a jury.

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9
Q

Give an example of a further sub-section of the Queen’s Bench Division.

A

The Admiralty Court which deal with shipping matters

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10
Q

Who are Chancery Division cases seen by?

A

Judges only

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11
Q

Who are family division cases seen by?

A

Judges only

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12
Q

What aspects of the law does the Chancery Division deal with?

A

Insolvency
Mortgages
Trust property
Copyright
IP
Probate

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13
Q

What has the Family Division been advanced to?

A

A separate Family Court created by The Crime and Courts Act 2013 which now deals with the work previously done by this Division

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14
Q

Summarise the steps to starting a court case.

A
  1. Pre-action protocol
  2. Decision as to court
  3. Issuing a claim
  4. Defending a claim
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15
Q

What is the pre-action protocols stage when starting a court case?

A

‘Protocols’ set out that parties give each other set information.
Failure to give information could lead to costs later on

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16
Q

How does the C decide what court route to take?

A

Depends on how much money is involved

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17
Q

How does the C issue a claim when starting a court case?

A

C will fill out a claim form (N1) and need to pay a fee to start the process. (Fee depends on the amount of money involved)

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18
Q

What does the D do at the defending a claim stage?

A

When a D receives claim form, he can admit liability and pay compensation or dispute it.
If he disputes it, he must fill in N9.

19
Q

3 tracks

A
  1. Small claims
  2. Fast track
  3. Multi-track
20
Q

Who is the choice of track made by in civil courts?

A

The District Judge in the County Court or the Master (a procedural judge) in the High Court

21
Q

What is the track decision based off of?

A

Information provided by the C and D in allocation questionnaires

22
Q

Between what amount of money is it eligible to choose the small claims track?

A

Disputes £10,000 or under.
£1000 for personal injury

23
Q

Between what amount of money is it eligible to choose the fast track?

A

Disputes concerning between £10,000 and £25,000

24
Q

Between what amount is it eligible to choose the multi-track route in the Civil courts?

A

Cases worth over £25,000 or complex cases worth less than this amount

25
Q

How are small claims track cases heard?

A

By a District Judge and often in private (I.e. not in a formal court)

26
Q

Who represents the parties on the small claims track?

A

Parties encouraged to represent themselves and cannot claim for the costs of a lawyer even if they win

27
Q

Why are strict timetables set out for pre-trial matters on the fast track route?

A

To ensure neither party wastes time.

28
Q

Within how many weeks do the Civil courts aim to see a case on the fast track route?

A

30 weeks

29
Q

Who are the cases seen by on the fast track route?

A

A District Judge in the county courts

30
Q

What are fast track route trials limited to?

A

One day with a limited number of expert witnesses allowed (usually 1)

31
Q

What do the judges who are allocated multi-track route oversee?

A

Matters even before trial, including encouraging ADR, fixing timetables etc.

32
Q

What can the C choose in the multi-track route for claims over £100,000 (or £50,000 for personal injury) ?

A

Whether to start in the county court or the High court

33
Q

Who was the current system introduced by and why?

A

Lord Woolf in 1999 who said the existing system was not fit-for-purpose

34
Q

Why is the current court system better?

A

Lawyers for the 2 parties cooperate more
Delays have been (somewhat) reduced

35
Q

What problems remain with the current court system?

A

ADR not used enough
Costs increased
Still delays of at least a year in fast track and multi-track
Limited IT systems

36
Q

Who made proposals for further reforms of the court system in 2016?

A

Lord Briggs

37
Q

What were Lord Briggs proposals to the court system in 2016?

A
  1. Out-of-hours private mediation offered in County courts
  2. An online court should be set up for claims of up to £25,000
38
Q

Appeal route starting from County Court case heard by a District Judge.

A

District Judge

Circuit Judge

Court of Appeal (Civil Division)

Supreme Court

39
Q

Appeal route starting from County Court case heard by Circuit Judge.

A

Circuit Judge

High court Judge

Court of Appeal (Civil Division)

Supreme Court

40
Q

Appeal route starting from High court

A

High court

Court of Appeal (Civil Division)

Supreme court

41
Q

What is the Leapfrog appeal in the High Court?

A

Starting from the High Court and going straight to the Supreme Court

42
Q

What does s55 of the Access to Justice Act 1999 for what 2 reasons will cases only be seen by the CoA?

A
  1. The appeal raises an important point of principle
  2. There is a compelling reason to do so
43
Q

Strengths of Civil Court

A
  1. Lord Woolf reforms (inc 3 track system) have made it quicker
  2. Impartial judge
  3. Appeal system to ensure justice
44
Q

Weaknesses of Civil Court

A
  1. Costs of using the Civil courts often larger than amounts involved
  2. Delays

Paper 2-Civil Law (29 decks)

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