English Legal System: Civil Courts

Question 1

What is the Access to Justice Report 1996 by Lord Woolf?

Answer 1

It outlines the criticisms of the Civil court system and suggests proposals for how it could be improved.

Question 2

What is Burden of proof?

Answer 2

The obligation to prove someone’s assertion.

Question 3

What is the Burden of Proof in a civil case?

Answer 3

Balance of probabilities 51%

Question 4

What are the main areas of jurisdiction for the County Court?

Answer 4

Contract and tort claims

cases for recovery of land

dispute over equitable matters such as trusts up to a value of £350,000.

Question 5

Who hears the cases in the County court?

Answer 5

A Circuit judge or District judge.

Question 6

What is the King’s Bench Division?

Answer 6

A division in the High court that deals with contract and tort cases where the amount claimed is over £100,000.

Question 7

Who are cases tried by in the King’s Bench Division?

Answer 7

A single judge but there is a right to a jury trial for fraud, slander, malicious prosecution and false imprisonment cases.

Question 8

What disputes does the Chancery Division of the High court deal with?

Answer 8

Insolvency

The enforcement of mortgages

Disputes relating to trust property

Copyright and Patents

Intellectual property matters

Question 9

Who hears the case in the Chancery Division?

Answer 9

A single judge

Question 10

What is the Family Division?

Answer 10

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.

Question 11

Who hears the case in the Family Division?

Answer 11

A single judge

Question 12

What did Lord Woolf criticise about Civil courts?

Answer 12

Woolf said the system was unequal, expensive, slow, uncertain and complicated.

Question 13

What did Woolf’s reforms bring?

Answer 13

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.

Question 14

What was the effect of the Woolf Reforms?

Answer 14

More cooperation between the parties’ lawyers.

Improvements in the delays between issuing a claim and the court hearing.

Question 15

What are the main problems with the Civil Justice system?

Answer 15

Alternative disputes resolution is not used enough

Increase in cost of cases especially fast track cases

courts are under resourced

Question 16

According to Lord Briggs in 2016, what were the two main proposals for reform in the Civil Justice system?

Answer 16

There should be an out-of-hours private mediation service in the County court

There should be an online court

Question 17

What are the advantages of using Civil courts?

Answer 17

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

Question 18

What are the disadvantages of using Civil courts?

Answer 18

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

Question 19

What is the value of the Small Track claim?

Answer 19

Cases up to £10,000.

Personal injury claims up to £1000 but may increase to £5000.

Question 20

In a Small Track claim, where is the claim heard?

Answer 20

In the County court by the District judge.

Question 21

What is an appeal?

Answer 21

Where you apply to a higher court for a reversal of the decision made in court.

Question 22

Where does the appeal go in a Small Track claim?

Answer 22

To the Circuit judge

Question 23

What is the value of the Fast Track claim?

Answer 23

Cases between £10,000 to £25,000

Personal injury £10,000 to £15,000

Question 24

In a Fast track claim, where is the claim heard?

Answer 24

County court by the District judge

Question 25

Where does the appeal go in a Fast Track claim?

Answer 25

To the Circuit judge

Question 26

What is the value of a Multi Track claim?

Answer 26

For cases above £25,000

Personal injury over £15,000

Question 27

In a Multi Track claim, where is the claim heard?

Answer 27

In the High court by the Circuit judge

Question 28

Where does the appeal go in a Multi Track claim?

Answer 28

To either the court of Appeal or the Supreme court.

Question 29

How do you file a claim?

Answer 29

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.

Question 30

What are the four options the defendants has when they are served a claim?

Answer 30

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