Section 1.1 - Civil courts and other forms of dispute resolution Flashcards
What is substantive law?
Legal rules which determine rights and obligations or how a society must behave
Give examples of substantive law:
Criminal, contract, tort or human rights law
What is the jurisdiction of the civil courts?
Non-criminal matters
These matters include contract, tort and human rights issues
Deal with disputes between individual citizens and / or businesses.
Give some examples of disputes:
Disagreements arising under:
Contract law
Family law
Employment law
What are the two courts of first instance?
County Court and High Court
What is a contract?
An agreement between two parties which is binding in law and therefore enforceable in court.
What is the jurisdiction of the County Court?
The majority of civil matters and the enforcement of previous judgments that have not been complied with
What cases does the County Court hear?
Contract disputes
Tortious (civil wrong) actions
Compensation claims for injuries to claimants
Matters arising under the Equality Act 2010
Cases usually between £5000 and £15,000 (District Judge), over£15,000 (Circuit Judge)
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What are the 3 divisions of High Court?
King’s Bench Division, Chancery Division, Family Division
What cases does the KBD hear?
Contract cases
Tort cases
Judicial review actions
What cases does the Chancery Division hear?
Specialist civil cases (company law, patents, and contentious probate
Professional negligence cases
Competition law cases (IP, IP theft and property etc)
What cases does the Family Division hear?
Family related cases
Cases involving children under the Children Act 1989
Wardship cases involving the custody and day-to-day care of minors
Criteria for the small claims track
Straightforward claims
Less than £10,000 (£1000 PI)
Criteria for fast track
Claims between £10,000 and not more than £25,000
