Module 8 - Civil court and dispute resolution

Question 1

What is civil law?

Answer 1

The branch of law dealing with disputes between individuals or organisations, typically involving compensation or remedies rather than punishment.

Question 2

What is a civil court?

Answer 2

A court that resolves non-criminal disputes, such as those involving contracts, torts, family matters, or property.

Question 3

Where must a case start, and in what courts?

Answer 3

A case must start at a lower court (i.e. county or magistrates)

Question 4

How many county courts are there in England?

Answer 4

• 230 county courts

Question 5

What are the main areas of jurisdiction for county courts?

Answer 5

> 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

Question 6

What type of judges hear cases at a county court?

Answer 6

• Cases are heard by a circuit judge or district judge

Question 7

When is a jury very rarely present, and how many jurors are there?

Answer 7

• Very rarely, a jury of eight is present, and only for;
  > Defamation (libel and slander) cases
  > Malicious prosecution cases
  > False imprisonment cases

Question 8

What is a circuit judge?

Answer 8

A professional judge who handles more complex civil and criminal cases, typically in county courts or crown courts.

Question 9

What is a district judge?

Answer 9

A professional judge who presides over cases in county courts and magistrates’ courts, often dealing with small claims or family matters.

Question 10

What is a tort claim?

Answer 10

A legal claim seeking compensation for harm caused by a civil wrong, such as negligence, nuisance, or defamation.

Question 11

How many Magistrates’ courts’ (civil jurisdiction) are there in England?

Answer 11

• Over 400 courts

Question 12

What are the main areas of jurisdiction for Magistrates’ courts’ (civil jurisdiction)?

Answer 12

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)

Question 13

What two types of judges hear cases at Magistrates’ courts’ (civil jurisdiction)?

Answer 13

> Cases are either heard by lay justices or a district judge

Question 14

What is a lay judge/magistrate?

Answer 14

An unpaid, non-legally qualified individual who volunteers to hear minor criminal cases, family matters, or licensing issues in magistrates’ courts.

Question 15

What is the Children Act 1989?

Answer 15

Legislation designed to protect the welfare of children, focusing on their needs and ensuring decisions are made in their best interests.

Question 16

What are the three divisions in the High Court?

Answer 16

King’s Bench Division / Queen’s Bench Division
Chancery Division
Family Division

Question 17

How many judges are in the KBD/QBD, and how many preside in a single case?

Answer 17

72 High Court judges, with a single judge in a case.

Question 18

What does the KBD/QBD deal with?

Answer 18

Contract and tort over £50,000

Question 19

When does the KBD/QBD have a jury, and how many are in the jury?

Answer 19

• Occasionally a jury of 12 for;
  > Fraud
  > Libel and slander
  > Malicious prosecution
  > False imprisonment

Question 20

What happened in the Ashley Cole case (2010), in relation to the QBD?

Answer 20

• 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

Question 21

How many judges are in the Chancery Division, and how many preside in a single case?

Answer 21

• 17 High Court judges
  > Single judge in a case

Question 22

What is the main business of the Chancery Division?

Answer 22

Main business includes;
> Insolvency and bankruptcy
> Mortgages
> Copyright and patents
> Intellectual property
> Contested probate

Question 23

What happened in the Dr. Dre case (2002), pertaining to the Chancery Division?

Answer 23

• 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.

Question 24

How many judges are in the Family Division, and how many preside in a single case?

Answer 24

• 18 High Court judges
  > Single judge in a case

Question 25

What is the main business of the Family Division?

Answer 25

> All cases under the Children Act 1989
Family matters (i.e. divorce, custody, probate)

Question 26

How does a civil court allocate cases?

Answer 26

A court will allocate cases to the most suitable ‘track’, or way of dealing with the case

Question 27

Who allocates cases in a county court?

Answer 27

The District Judge in a county court

Question 28

Who allocates cases in the High Court?

Answer 28

The Master (a judge concerned with procedure) in the High Court

Question 29

What is the ‘Master’?

Answer 29

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.

Question 30

What is the ‘small claims track procedure’?

Answer 30

A procedural track in the civil courts for handling claims under £5,000 (or £1,000 for personal injury), using a simplified process.

Question 31

What is the ‘fast track’?

Answer 31

A procedural track for civil claims valued between £5,000 and £15,000, with stricter case management to ensure efficiency.

Question 32

What is the ‘multi track’?

Answer 32

A procedural track for complex or high-value claims over £15,000, offering tailored case management.

Question 33

What falls under the ‘small claims track procedure’?

Answer 33

Under £5000
> Small claims track procedure in a county court
> Unless personal injury and housing cases (<£1000)

Question 34

What falls under the ‘fast track procedure’?

Answer 34

£5000-£15000
> Fast track procedure in a county court
> Straightforward disputes

Question 35

What falls under the ‘multi track procedure’?

Answer 35

£15,000-£50,000
> Multi-track procedure in a county court
> May be transferred to the High Court

Question 36

What happens when a case is worth more than £50,000?

Answer 36

Usually transferred to the High Court

Question 37

What Act allows for a ‘leapfrog appeal’?

Answer 37

Administration of Justice Act 1969

Question 38

What is a ‘leapfrog appeal’?

Answer 38

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.

Question 39

What must a case usually do if not a ‘leapfrog’?

Answer 39

• 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)

Question 40

What are appeals usually on?

Answer 40

Appeals are usually on points of law.