Legal System

Question 1

The 2 courts for civil cases

Answer 1

County Court and High Court

Question 2

County Court Jurisdiction

Answer 2

Contract and tort claims, the recovery of land, disputes over equitable matters up to a value of £30,000.

Question 3

County Court judges

Answer 3

Circuit or district judge, sometimes a jury of 8 for cases of false imprisonment or malicious prosecution

Question 4

High Court divisions

Answer 4

Queens Bench, Chancery and Family

Question 5

Queens Bench Jurisdiction

Answer 5

contract and tort cases over £100,000

smaller claims on an important point of law

Question 6

Queens Bench judges

Answer 6

single judge

right to a jury of 12 for fraud, libel, slander, malicious prosecution and false imprisonment.

Question 7

Queens Bench - Administrative court

Answer 7

supervises lawful conduct of national and local gov., inferior courts and tribunals, and other public bodies

Question 8

Chancery Division Jurisdiction

Answer 8

insolvency, enforcement of mortgages, trust property, copyright and patents, intellectual property, contested probate actions.

Question 9

Chancery Division - Special Companies Court

Answer 9

winding up companies

Question 10

Chancery Division judges

Answer 10

single judge (17 judges in division)(no jury)

Question 11

Family Division Jurisdiction

Answer 11

family cases from the Children Act 1989 (such as adoption), all international family matters under the Hague Convention, some cases from the family court.

Question 12

Family Division judges

Answer 12

single judge (no jury)

Question 13

Family Division - Crime and Courts Act 2013

Answer 13

created separate Family Court for most cases unless they are difficult or important

Question 14

Pre-trial Procedure - Pre-action protocols

Answer 14

A list of things to be done, if they don’t they may be liable for certain costs

Question 15

Pre-trial Procedure - Court?

Answer 15

If parties refuse ADR, the case goes to court:
£100,000 or less = County Court
personal injury £50,000 or less = County Court
if over, the claimant can choose County or High Court

Question 16

Pre-trial Procedure - Issuing a claim

Answer 16

N1 form filed at a court office for price:
A claim of £300 = £35; a claim of £200k = £10k
Any 200 County Courts or 20 District Registries

Question 17

Pre-trial Procedure - Defending a claim

Answer 17

A D who receives a claim can

1. Admit liability,
2. Dispute (N9 form or defence to court within 14 days),
3. Do nothing (claimant can request court order)

Question 18

small claims track

Answer 18

damages < £10k and personal injury < £1k

district judge, own representation, cant claim cost of a lawyers

Question 19

fast track

Answer 19

damages of £10-£25k, personal injury of £1k-£25k
circuit judge within 30 weeks, a strict timetable for pre-trial matters, open court, more formal and limited to 1 day, 1 witness

Question 20

multi-track

Answer 20

damages > £25k but < £100k, personal injury < £50k
judge manages case: identifies issues, encourages ADR, does procedural steps and fixing timetables
aims to keep costs low

Question 21

Appeals from County Court

Answer 21

[heard by district judge] to [circuit judge in County]

[heard by circuit judge] to [High Court judge]

final appeal [Court of Appeal (civil division)]
! exceptional cases: s55 Access to Justice Act 1999

Question 22

s55 Access to Justice Act

Answer 22

No appeal may be made to the Court of Appeal unless the Court of Appeal considers that:-

(a) the appeal would raise an important point of principle or practice, or
(b) there is some other compelling reason for the Court of Appeal to hear it.

Question 23

Appeals from High Court

Answer 23

[High Court] to [Court of Appeal] to [Supreme Court]

! can leapfrog to Supreme from High if it is an issue of national importance or raises issues of sufficient importance with permission from the Supreme Court

Question 24

negotiation

Answer 24

two parties resolve a dispute without a third party; informal, between individuals or formal between qualified negotiators (are usually solicitors).

Question 25

mediation

Answer 25

neutral third-party mediator discusses the issue and consults to establish common ground, without bias

Question 26

conciliation

Answer 26

mediation, but third-party plays a role in resolving the dispute, suggests compromises and settlements.

Question 27

advantages of negotiation, mediation and conciliation

Answer 27

quicker, lengthy process, lawyers/court fees, cheaper.

flexible, less formal, decide process, can be no result.

private, confidential, no newspapers, go to court still.

Question 28

disadvantages of negotiation, mediation and conciliation

Answer 28

no funding, inbalance wealth, skills, can be cheap.

no certainty