ELS-The Civil Courts Flashcards
Name the 2 Civil Courts
County Court
High Court
How many county courts are there across the country?
Over 200
What other claims do county courts see?
Contract claims
Recovery of land cases
Equitable matters up to a value of £350,000
Do judges in a county court sit with a jury?
No but in certain rare circumstances the judge will sit with a jury of 8
What type of judges are county court claims heard by?
Circuit judge or District Judge
3 Divisions of the High court
Queen’s Bench Division
Chancery Division
Family Division
What type of cases does the Queen’s Bench Division see in the High Court?
Contract/tort cases where the amount involved is less than £100,000
Who are Queen’s Bench Division cases seen by in the High Court?
Usually seen by a single judge though rarely there is also a jury.
Give an example of a further sub-section of the Queen’s Bench Division.
The Admiralty Court which deal with shipping matters
Who are Chancery Division cases seen by?
Judges only
Who are family division cases seen by?
Judges only
What aspects of the law does the Chancery Division deal with?
Insolvency
Mortgages
Trust property
Copyright
IP
Probate
What has the Family Division been advanced to?
A separate Family Court created by The Crime and Courts Act 2013 which now deals with the work previously done by this Division
Summarise the steps to starting a court case.
- Pre-action protocol
- Decision as to court
- Issuing a claim
- Defending a claim
What is the pre-action protocols stage when starting a court case?
‘Protocols’ set out that parties give each other set information.
Failure to give information could lead to costs later on
How does the C decide what court route to take?
Depends on how much money is involved
How does the C issue a claim when starting a court case?
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)
What does the D do at the defending a claim stage?
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.
3 tracks
- Small claims
- Fast track
- Multi-track
Who is the choice of track made by in civil courts?
The District Judge in the County Court or the Master (a procedural judge) in the High Court
What is the track decision based off of?
Information provided by the C and D in allocation questionnaires
Between what amount of money is it eligible to choose the small claims track?
Disputes £10,000 or under.
£1000 for personal injury
Between what amount of money is it eligible to choose the fast track?
Disputes concerning between £10,000 and £25,000
Between what amount is it eligible to choose the multi-track route in the Civil courts?
Cases worth over £25,000 or complex cases worth less than this amount
How are small claims track cases heard?
By a District Judge and often in private (I.e. not in a formal court)
Who represents the parties on the small claims track?
Parties encouraged to represent themselves and cannot claim for the costs of a lawyer even if they win
Why are strict timetables set out for pre-trial matters on the fast track route?
To ensure neither party wastes time.
Within how many weeks do the Civil courts aim to see a case on the fast track route?
30 weeks
Who are the cases seen by on the fast track route?
A District Judge in the county courts
What are fast track route trials limited to?
One day with a limited number of expert witnesses allowed (usually 1)
What do the judges who are allocated multi-track route oversee?
Matters even before trial, including encouraging ADR, fixing timetables etc.
What can the C choose in the multi-track route for claims over £100,000 (or £50,000 for personal injury) ?
Whether to start in the county court or the High court
Who was the current system introduced by and why?
Lord Woolf in 1999 who said the existing system was not fit-for-purpose
Why is the current court system better?
Lawyers for the 2 parties cooperate more
Delays have been (somewhat) reduced
What problems remain with the current court system?
ADR not used enough
Costs increased
Still delays of at least a year in fast track and multi-track
Limited IT systems
Who made proposals for further reforms of the court system in 2016?
Lord Briggs
What were Lord Briggs proposals to the court system in 2016?
- Out-of-hours private mediation offered in County courts
- An online court should be set up for claims of up to £25,000
Appeal route starting from County Court case heard by a District Judge.
District Judge
Circuit Judge
Court of Appeal (Civil Division)
Supreme Court
Appeal route starting from County Court case heard by Circuit Judge.
Circuit Judge
High court Judge
Court of Appeal (Civil Division)
Supreme Court
Appeal route starting from High court
High court
Court of Appeal (Civil Division)
Supreme court
What is the Leapfrog appeal in the High Court?
Starting from the High Court and going straight to the Supreme Court
What does s55 of the Access to Justice Act 1999 for what 2 reasons will cases only be seen by the CoA?
- The appeal raises an important point of principle
- There is a compelling reason to do so
Strengths of Civil Court
- Lord Woolf reforms (inc 3 track system) have made it quicker
- Impartial judge
- Appeal system to ensure justice
Weaknesses of Civil Court
- Costs of using the Civil courts often larger than amounts involved
- Delays
