Organisation Outline

Question 1

How many Divisions are there of the High Court?

Answer 1

Three:

• Queen’s Bench Division
• Family Division
• Chancery Division

Question 2

Which five courts make up the QBD?

Answer 2

• Commercial Court
• Technology and Construction Court (TCC)
• Admiralty Court
• Mercantile Court
• Administrative Court

Question 3

Where does the Court of Protection sit?

Answer 3

In the Family Division of the High Court.

Question 4

What two courts are included within the Chancery Division?

Answer 4

• Patents Court
• Company Court

Question 5

What is the difference in the type of judge between High Court and County Court?

Answer 5

High Court:

• Substantive matters dealt with by a HCJ
• Procedural matters dealt with by a Master

County Court:

• Presided over by a DJ or a Circuit Judge.

Question 6

Which four types of claims can only be started in the High Court?

Answer 6

1. Judicial Review
2. Contentious probate where value of land is over £30k
3. Libel, slander, toll, market or franchise claims (unless the parties agree in writing)
4. Claim for damages for a judicial act under the HRA 98

Question 7

Which four types of claim can only be started in the County Court?

Answer 7

1. Claims re: regulated Consumer Credit Agreements
2. (Most) Possession, Landlord and Tenant claims
3. PI claims worth £50k or less
4. Non-PI claims worth £100k or less

Question 8

When both High Court and County Court have jurisdiction, what three factors must be taken in to account when deciding allocation?

Answer 8

1. Financial value of claim
2. Complexity of facts, legal issues, remedies or procedures
3. Any public importance

Question 9

What 3 types of claim will be allocated to the Small Claims Track?

Answer 9

1. Claims for less than £10k
2. PI clims where PSLA is less than £1k
3. Housing disrepair claims where repairs and damages are less than £1k each

Question 10

What are the rules for allocation to the Fast Track?

Question 11

What are the rules for allocation to the Multi Track?

Answer 11

• Claims worth over £25k
• All Part 8 claims

Question 12

What is provisional allocation?

Question 13

What are the time limits for completion of a directions questionnaire?

Answer 13

Small Claims:

• 14 days after service of notice of proposed allocation

Fast / Multi Track:

• 28 days after service of notice of proposed allocation

Question 14

What happens after the court receives the directions questionnaire?

Answer 14

The court will allocate the case.

It may hold a hearing if the parties disagree on allocation.

Question 15

What is the sanction for failing to complete a directions questionnaire?

Question 16

What is the overriding objective?

Question 17

What is the impact of the HRA on civil claims?

Answer 17

Section 3:

Requires court to read primary and secondary legislation in such a way as to be compatible with the ECHR

Section 6:

Requires court, as public authorities, to act in a manner compatible with ECHR.

Question 18

What considerations must the court take in to account to ensure compliance with the O.O?