Jurisdiction of the county and high court Flashcards
what are the two courts of first instance civil
County and High court
what does the county court deal with and how many are there
majority of civil cases of up to £100,000 in value
there are up to 170 in towns and cities
what is the jurisdiction of the county court and what track claims do they get
to hear cases involving contracts, torts, inheritance up to £30,000 and bankruptcy.
it hears claims from small claims track, fast claim attack and multi track
where is the high court based
based in london but has judges sitting in other towns and cities
has 3 divisions—> each dealing with different matters
what are the 3 divisions in the high court
QUEENS BENCH DIVISION
CHANCERY DIVISION
FAMILY DIVISION
what does QBD deal with
listen the 6 things that can be claimed
deals with contract and tort matters over £100,000 in value and complex multi track cases transferred from the county court
claims involve:
personal injury
negligence
breach of contract
defamation
non-payment of debt
CAN ALSO HEAR APPLICATIONS FOR JUDICIAL REVIEWS
what are the 5 courts within QBD
administrative courts—> applications for judicial review and appeals by way of case stated from criminal cases
COMMERCIAL COURTS—> insurance and banking cases
ADMIRALTY COURT—> maritime law
CIRCUIT COMMERCIAL COURT—> claims in area of trade and commerce that are not within the jurisdiction of commercial court or the chancery division
TECHNOLOGY ANS CONSTRUCTION—> cases involving architects and engineers
describe jurisdiction of the chancery division 6 claims that can be heard
to hear claims relating to:
business
property and land related disputes
competition law
intellectual property claims
insolvency disputes
will/probate claims
what are the courts within the chancery division
The intellectual property enterprise court
and
The patents court
what does the family division deal with
family matters:
matrimonial cases—> divorce under the family law act 1996
cases concerning child welfare —>under Children Act 1989 and the Child abduction and custody act 1985
and the court of protection cases where the court makes decisions on behalf of those who lack mental capacity
also has the jurisdiction to hear cases concerning forced marriages and female genital mutilation