English Legal System: Civil Courts Flashcards
What is the Access to Justice Report 1996 by Lord Woolf?
It outlines the criticisms of the Civil court system and suggests proposals for how it could be improved.
What is Burden of proof?
The obligation to prove someone’s assertion.
What is the Burden of Proof in a civil case?
Balance of probabilities 51%
What are the main areas of jurisdiction for the County Court?
Contract and tort claims
cases for recovery of land
dispute over equitable matters such as trusts up to a value of £350,000.
Who hears the cases in the County court?
A Circuit judge or District judge.
What is the King’s Bench Division?
A division in the High court that deals with contract and tort cases where the amount claimed is over £100,000.
Who are cases tried by in the King’s Bench Division?
A single judge but there is a right to a jury trial for fraud, slander, malicious prosecution and false imprisonment cases.
What disputes does the Chancery Division of the High court deal with?
Insolvency
The enforcement of mortgages
Disputes relating to trust property
Copyright and Patents
Intellectual property matters
Who hears the case in the Chancery Division?
A single judge
What is the Family Division?
A division in the High court that hears family cases
Determines which country’s laws apply in international cases concerning family matters under the Hague convention.
Who hears the case in the Family Division?
A single judge
What did Lord Woolf criticise about Civil courts?
Woolf said the system was unequal, expensive, slow, uncertain and complicated.
What did Woolf’s reforms bring?
The Three Track system
Gave judges more responsibility for managing cases.
Led to the simplifying of documents and procedures
A single set of rules governing proceedings in both the High court and County court.
What was the effect of the Woolf Reforms?
More cooperation between the parties’ lawyers.
Improvements in the delays between issuing a claim and the court hearing.
What are the main problems with the Civil Justice system?
Alternative disputes resolution is not used enough
Increase in cost of cases especially fast track cases
courts are under resourced
According to Lord Briggs in 2016, what were the two main proposals for reform in the Civil Justice system?
There should be an out-of-hours private mediation service in the County court
There should be an online court
What are the advantages of using Civil courts?
The process is fair as the judge is impartial
The trial is conducted by a legal expert
Enforcement of the court’s decision is easier
There is an appeal system available
What are the disadvantages of using Civil courts?
The cost of taking a case to court is often more than the amount claimed
There is a lot of delays as there are many preliminary stages to go through
Its a complicated process due to its many stages
There is no guarantee of winning the case
What is the value of the Small Track claim?
Cases up to £10,000.
Personal injury claims up to £1000 but may increase to £5000.
In a Small Track claim, where is the claim heard?
In the County court by the District judge.
What is an appeal?
Where you apply to a higher court for a reversal of the decision made in court.
Where does the appeal go in a Small Track claim?
To the Circuit judge
What is the value of the Fast Track claim?
Cases between £10,000 to £25,000
Personal injury £10,000 to £15,000
In a Fast track claim, where is the claim heard?
County court by the District judge
Where does the appeal go in a Fast Track claim?
To the Circuit judge
What is the value of a Multi Track claim?
For cases above £25,000
Personal injury over £15,000
In a Multi Track claim, where is the claim heard?
In the High court by the Circuit judge
Where does the appeal go in a Multi Track claim?
To either the court of Appeal or the Supreme court.
How do you file a claim?
1) Pre-action protocol: the parties are required to exchange their details in order to prevent the need for the case to go to court. If this does not happen they may be liable for the costs if the claim goes to the courts.
2) Choosing a court: If the person denies liability or refuses to use Alternative Dispute Resolutions then a claim will be made to court.
3) Claim form: the claimant will file a claim using the N1 form.
4) Served on the defendant: the defendant will receive the claim
5) Allocation Questionnaire: both parties will answer an allocation questionnaire to help the court determine which track the claim should be filed and heard under.
6) Trial: The case is heard in court and the judge will determine whether the defendant is liable or non-liable and who should pay the compensation.
What are the four options the defendants has when they are served a claim?
Settle: the defendant pays the full amount
Ignore: if the defendant doesn’t respond within 14 days the claimant wins the claim.
Defend: the defendant may file a defence within 14 days
Counter claim: the defendant makes a claim against the claimant
