Module 8 - Civil court and dispute resolution (C9) Flashcards
What is civil law?
The branch of law dealing with disputes between individuals or organisations, typically involving compensation or remedies rather than punishment.
What is a civil court?
A court that resolves non-criminal disputes, such as those involving contracts, torts, family matters, or property.
Where must a case start, and in what courts?
A case must start at a lower court (i.e. county or magistrates)
How many county courts are there in England?
- 230 county courts
What are the main areas of jurisdiction for county courts?
> Small claims (less than £5,000)
All contract and tort claims
All cases for recovery of land
Disputes over partnerships, trusts and inheritance up to £30,000
What type of judges hear cases at a county court?
- Cases are heard by a circuit judge or district judge
When is a jury very rarely present, and how many jurors are there?
- Very rarely, a jury of eight is present, and only for;
> Defamation (libel and slander) cases
> Malicious prosecution cases
> False imprisonment cases
What is a circuit judge?
A professional judge who handles more complex civil and criminal cases, typically in county courts or crown courts.
What is a district judge?
A professional judge who presides over cases in county courts and magistrates’ courts, often dealing with small claims or family matters.
What is a tort claim?
A legal claim seeking compensation for harm caused by a civil wrong, such as negligence, nuisance, or defamation.
How many Magistrates’ courts’ (civil jurisdiction) are there in England?
- Over 400 courts
What are the main areas of jurisdiction for Magistrates’ courts’ (civil jurisdiction)?
Main areas of jurisdiction;
> Council tax demands, utility debt
> Entry warrants
> Family cases (non-molestation and maintenance orders)
> Proceedings (i.e. the welfare of children under Children Act 1989)
What two types of judges hear cases at Magistrates’ courts’ (civil jurisdiction)?
> Cases are either heard by lay justices or a district judge
What is a lay judge/magistrate?
An unpaid, non-legally qualified individual who volunteers to hear minor criminal cases, family matters, or licensing issues in magistrates’ courts.
What is the Children Act 1989?
Legislation designed to protect the welfare of children, focusing on their needs and ensuring decisions are made in their best interests.
What are the three divisions in the High Court?
King’s Bench Division / Queen’s Bench Division
Chancery Division
Family Division
How many judges are in the KBD/QBD, and how many preside in a single case?
72 High Court judges, with a single judge in a case.
What does the KBD/QBD deal with?
Contract and tort over £50,000
When does the KBD/QBD have a jury, and how many are in the jury?
- Occasionally a jury of 12 for;
> Fraud
> Libel and slander
> Malicious prosecution
> False imprisonment
What happened in the Ashley Cole case (2010), in relation to the QBD?
- Cole sued the News of the World after the newspaper published a false story alleging he had a homosexual affair with a DJ; the case was brought to the QBD involving a defamation claim, with Cole arguing the false claim damaged his reputation; the News of the World issued a public apology and paid him over £100,000 in damages
How many judges are in the Chancery Division, and how many preside in a single case?
- 17 High Court judges
> Single judge in a case
What is the main business of the Chancery Division?
Main business includes;
> Insolvency and bankruptcy
> Mortgages
> Copyright and patents
> Intellectual property
> Contested probate
What happened in the Dr. Dre case (2002), pertaining to the Chancery Division?
- Dr. Dre was sued by Indian composer Lahiri after Dre used an unauthorised sample of an Indian song in the track ‘Addictive’; this case involved copyright infringement. Eventually, the claimants won 99% of the earnings from the song.
How many judges are in the Family Division, and how many preside in a single case?
- 18 High Court judges
> Single judge in a case
What is the main business of the Family Division?
> All cases under the Children Act 1989
Family matters (i.e. divorce, custody, probate)
How does a civil court allocate cases?
A court will allocate cases to the most suitable ‘track’, or way of dealing with the case
Who allocates cases in a county court?
The District Judge in a county court
Who allocates cases in the High Court?
The Master (a judge concerned with procedure) in the High Court
What is the ‘Master’?
A senior judge in the High Court (Chancery and King’s Bench Divisions) who deals with procedural matters in civil cases, such as case management or interim applications.
What is the ‘small claims track procedure’?
A procedural track in the civil courts for handling claims under £5,000 (or £1,000 for personal injury), using a simplified process.
What is the ‘fast track’?
A procedural track for civil claims valued between £5,000 and £15,000, with stricter case management to ensure efficiency.
What is the ‘multi track’?
A procedural track for complex or high-value claims over £15,000, offering tailored case management.
What falls under the ‘small claims track procedure’?
Under £5000
> Small claims track procedure in a county court
> Unless personal injury and housing cases (<£1000)
What falls under the ‘fast track procedure’?
£5000-£15000
> Fast track procedure in a county court
> Straightforward disputes
What falls under the ‘multi track procedure’?
£15,000-£50,000
> Multi-track procedure in a county court
> May be transferred to the High Court
What happens when a case is worth more than £50,000?
Usually transferred to the High Court
What Act allows for a ‘leapfrog appeal’?
Administration of Justice Act 1969
What is a ‘leapfrog appeal’?
An appeal that skips the Court of Appeal and goes directly to the Supreme Court, usually due to a significant point of law, or one of public importance.
What must a case usually do if not a ‘leapfrog’?
- Usually, a case must go through the court stages from the lowest to the highest court (i.e. from a County court to the High Court, to the CoA, to the SC)
What are appeals usually on?
Appeals are usually on points of law.
