Legal system Flashcards
County court 8m
Nearly all civil cases
Open court
1 judge (usually circuit)
Can be a district judge (not complex case)
Judge reads papers, hear evidence/arguments
Includes small claims track
less than 100k claim and 50k in personal
High court 8m
Any civil cases
3 divisions (specialist court)
small, complicated issue
KBD - largest, small but complex, contract and tort law
Chancery - business/property, such as insolvency list
Family - private and complicated, relate to welfare of children, foreign element
Pre-trial for civil cases 8m
Claimant - any court, file N1 (legal letter to start proceedings), pay a fee (necessary claim) , under 5k = £120
Defendant - notified, 3 months to investigate and respond, admit (pay full) or deny (N9 form to acknowledge or a defence in 14 days), didn’t deny or admit = claimant ask for an order in default
ADR = before court must look at ADR, arbitrate/conciliate/mediate/negotiate, frowned upon
Tracks = small claims, fast and multi
Hierarchy of civil courts 8m
Small claims court = least serious, up to 10k or 1k in personal, district judge
County court = appeals from small claims, circuit or district judge, open court, not serious
High court (KBD and Family) = appeals from county court, any civil case, KBD for contract and tort, family for welfare of children
COA = appeals from high court (sometime county), superior court, 3 judges
Supreme = most superior court, extremely hard to get an appeal hear, issue of national importance, can overrule any decision including its own
Track system 8m
Small claims - up to 10K or 1K in personal, less major, least formal, county court, district judge, discourage lawyers, low compensate
Fast - 10 to 25K, straightforward, county, district, strict timetable, may have lawyers
Multi - over 25K or complex, circuit, high, more costs and time
Appeals and appellate courts 8m
Divisional court, COA and supreme
Affected by claim value and judge level
Goes to next court with 3 judges
Rare to hear new evidence
Within 21 days of original trial
Costs increase (need lawyers they didn’t before)
Can agree with original decision, reverse it or alter compensation
Prerogative, prohibition or quashing orders
Adv and disadv of small claims 12m
Adv = low cost, if lose don’t have to pay other’s costs, quick, judges help to explain case
Disadv = no legal funding (may do ‘no win no fee’), if other party is a business they’ll have a lawyer, judges don’t always help, only 60% of winners receive compensation
Adv and disadv of fast track 12m
Adv = lower average waits for court (30 weeks), strict timetable prevents wasted time or money
Disadv = costs are disproportionate to compensation (not enough to cover lawyers), if other party is a business they’ll have a lawyer
Adv and disadv of multi track 12m
Adv = strict timetable prevents wasted time or money, more experienced judges are used
Disadv = takes a long time to go to court (more issues?), expensive due to complexity/long time in court
