law unit 1A Flashcards
The Trial Courts
The case will be started in the two trials or courts of first instance - either the County Court or High court. It will depend on how much money is being claimed . Most cases are tried in the County Court but very expensive claims or complicated cases may be heard at the High Court instead.
Jurisdiction of the County Court
The County Court is a local court that has the power {jurisdiction} to hear almost all civil court cases. The maximum claim is usually restricted to cases worth less than £50,000 but the County Court can hear cases worth more than this if the parties agree to a County Court trial. County Court Jurisdiction Order 2014-has increased the financial limit of the court’s from £50,000 to £350,000.
The County Court has the jurisdiction to hear the following:
- Contract
- Tort
- Bankruptcy
- Partnerships
- Trust
Jurisdiction of the High Court
The High Court Judges hear the most expensive cases. These cases will be allocated to one of the three divisions known as specialist courts.
**The Kings bench division **
- Handles contract and tort law cases(usually over £100,000 or £50,000 for personal injury).
- Deals with defamation case
- Manages judicial review
Chancery Division
- Addresses cases involving insolvency, mortgages, trusts and tax.
Family Division
- Overseas family cases (divorce, child custody, issues under the Child’s Act 1989).
- Many cases are now handled by the Family Court, except for complex cases.