Legal System 2: Court Structure Flashcards
When does a case typically go to county court?
Is claimant is not expected to receive more than £100k (£50k in PI cases)
Presided over by district judges of circuit judges
When is a case allocated to small claims track
Up to £10k
Exception PI cases
- if damages for pain, suffering and loss of amenity are:
- up to £5k; or
- up to £1k if BEFORE may 2021 and for child OR whiplash
When is a case allocated to Fast Track
Up to £25k; AND
- trial will last only 1 day;
- oral expert evidence is likely to be limited to 1 per part, per field; and
- expert evidence listed to 2 fields
Special Case: always for PI Road Traffic claim after May 2021 for:
- child or protected party as claimant; or
- claim for whiplash
When is a case allocated to multi track?
If:
- more than 25k;
- will last over 1 day;
- oral expert evidence is 2+ per party per field; or
- expert evidence needed in 3+ fields
When can a money claim be started at high court?
- if value of over £100k
- £50k if PI claim
But still may started at county court if not complex
What does the kings bench division deal with?
- breach of contract
- negligence
- personal injury
- land possession
- debt
Courts
- admin court for JR
- construction and commercial court
- Commercial Courts
What does the Chancery Division deal with?
- land contracts
- equity and trusts
- contentious probate
- tax
- commercial fraud
- IP
- business disputes
- some professional negligence
Specialist courts
- bankruptcy court
- companies court
What does the family division deal with?
- adoption
- complex divorces
- nullity of marriage
- dissolution of civli partnerships
What rights of audience do solicitors have?
Lower courts
- magistrates
- county court
- family court
Have to complete further advocacy assessment for higher courts
What cases are tried in magistrates court?
Summary only
What cases are tried in Crown Court?
Indictable only
What crimes might be tried in either crown or magistrates?
Either way offences
