English Legal System: Civil Courts System

Question 1

What claims are held in county courts

Answer 1

1. Businesses trying to recover money they are owed
2. Landowners seeking orders that will prevent trespass
3. Individuals seeking compensation for injuries
4. Hears a vast majority of civil cases

Question 2

What are the three sections of the high court

Answer 2

1. Chancery Division (tax & property)
2. Ming’s bench division (criminal appeals)
3. Family division (adoption, divorce, etc)

Question 3

What is the document of Civil Procedure Rules 1998?

Answer 3

• A set of rules explaining HOW civil claims are conducted
• Must be followed by the parties and the court
• Aim is to keep costs down, and speed up the process
• Ultimate aim is to keep cases out of the court system and for parties to
settle their dispute

Question 4

What are pre action protocols?

Answer 4

Rules about what parties must do even before court proceeding are issued

Question 5

What must the creditor send to the debtor before they start court
action?

Answer 5

Letter of Claim: amount of debt; if it includes interest; details of the agreement giving rise to the debt; how to pay, etc.

Question 6

List the other forms and information that must also be included

Answer 6

Information sheet; reply form; statement of means

Question 7

How long does the debtor have to reply? (Claim Form)

Answer 7

30 days to send back the completed form

Question 8

What may happen if the debtor does not reply within the time limit?

Answer 8

Creditor may start court action, but they must give debtor 14 day’s notice
they intend to do this

Question 9

What are the 3 responses to a claim?

Answer 9

1. Admit the claim and pay the full amount, either immediately or in instalments
2. Dispute the claim and file a defence; they have to say WHY they think the claim should not be paid
3. File an acknowledgment of service: this is when they dispute the claim, but need more time to file a defence (a holding device, normal in complex cases)

Question 10

Features of the Small Claims track?

Answer 10

1. Claims under £10,000 & PI under £1000
2. Held in a county court
3. Overseen by a district judge

Question 11

Features of the fast track?

Answer 11

1. £10,000-25000 & PI £1000-25000
2. Held in a county court
3. Overseen by a circuit judge

Question 12

Features of the multi-track?

Answer 12

1. Over £25,000 or more complex cases
2. Up to £50,000 (county court) over £500000 (High Court)

Question 13

Why appeal?

Answer 13

If EITHER party is dissatisfied with the decision on either liability or compensation awarded

Question 14

What are the grounds for an appeal?

Answer 14

The judge got it wrong’ is not sufficient. Must be a legal ground for appealing, the judge mis-applied the law

Question 15

Where is the appeal heard?

Answer 15

Usually appeal to the next court in the hierarchy - see table for exceptions

Question 16

What decision may the appeal court reach?

Answer 16

Appeal court can agree with the original decision, or reverse it. It can increase or decrease the amount of compensation awarded