Section A- Civil Courts And ADR

Question 1

County court jurisdiction

Answer 1

-is a local court and has the jurisdiction to hear almost all civil cases and many never make it as they settle before case is heard
-maximum claim is restricted to cases worth less than 100000 unless parties agree
-main areas of jurisdiction: contract, tort, land, wills and family cases
Can deal with discrimination and inheritance matters.- financial matters up to 350000
-heard by circuit judge or district judge ot even recorders
-rare: jury of 8 may be used to deformation, false imprisonment

Question 2

High court jurisdiction

Answer 2

-based in london sitting in several towns and cities
- hears more expensive multi track cases
-hear appeals from county court
- three divisions: KBD, chancery, family

Question 3

Kings bench division (high court jurisdiction)

Answer 3

-claims: personal injury, negligence, BOC, defamation, debt.
-lord chief justice heads this which deals with contact and tort cases over 100 000
-heard by single judge can be jury of 12 for defamation, false imprisonment
- in KBD is administrative court that deals with judicial reveiw
Sub divisions: administrative- judicial review. Commercial court- transactions of trade

Question 4

Chancery division (jurisdiction of the high court)

Answer 4

Hears matters such as: insolvency, company, intellectual property, trusts
18 HC judges sit in division
Cases headed by single judge- no juries
Involves disputes over: copyright, enforcement of mortgages

Question 5

Family division (jurisdiction of the high court)

Answer 5

Headed by president of family division
Cases involving welfare of children under children act, matrimonial cases and some probate
Family court has powers of HC and CC- most are heard
Family division hears more important cases or difficult include: abduction, appeals from CC, child is ward of court

Question 6

Pre trial procedure of civil courts

Answer 6

1. Claim form- N1 claim form filled in by claim form- ‘particulars of cliam’ ‘statement of truth’ which they must sign. Pay a court fee depending on how much worth.

2.served on D- smaller posted to D and larger are served by a court official. The D has 4 options: settle, ignore claim, defend, counter claim.

3. Allocation questionnaire- both C and D sent to help decide what track the case should be allocated to. Judge managing will allocate.

4.trial- heard at HC or CC depending on track. Listen to both sides and make a decision. Losing party may be ordered to pay winners legal costs and winner can pay success fee to solicitor- can’t be claimed from looser.

Question 7

Who’s reforms is the civil track system based on

Answer 7

Lord Woolf

Question 8

What track was added in 2023 to improve the speed of system

Answer 8

Intermediate track

Question 9

Who makes the decision what track a case should be allocated to

Answer 9

District judge in county court

Question 10

How much can a small claims track be up to, where and how long

Answer 10

Up to 10 000
Up to 1500 for personal injury
5000 for road traffic accidents
Held in county court
Allocates 2-3hrs

Question 11

Fast track money limit, where and how long etc

Answer 11

10 000- 25 000
1500- 25000 personal injury
County court by district judge
Cases heard within 30 weeks allocation
One day case- 1 expert witness
Legal rep available

Question 12

Intermediate track information

Answer 12

25 000- 100 000
Allocated where the claim isn’t suitable for small or fast tracks
3 or less days
No more than 2 expert witness per party

Question 13

Multi track money limit, where and how long etc

Answer 13

Allocated to either HC and HC judge if above 100 000 or complex law or CC with circuit judge
Cases over 25000 or complex cases. Heard by judge who manages the case includes: identifying issues, encouraging ADR, procedural steps, fixing timetables- set how long case will last
25000 plus

Question 14

What circumstances can either party appeal under in civil cases

Answer 14

• on a point of law
  -a dispute on amount of damages rewarded
• facts of the case
  No automatic right to appeal, claimant must get leave to appeal which is only granted if real chance of success

Question 15

Appeals from the county court

Answer 15

Small claims- 10 000 heard by district go on appeal to circuit judge in county court

Fast/intermediate claims 10-25 000 heard by district judge go to circuit judge in county court Fast

Fast/intermediate track heard by circuit judge go to high court judge in HC
Possibility of a second appeal to the COA in rare circumstances

Multi track 25 000 plus directly to COA

Question 16

Appeals from high court

Answer 16

Generally go on appeal to COA. Can adjust remedy awarded in og case
In rare cases if COA bound. By past decisions the appeal an t may ask for a leap frog appeal as there is no point in appealing to COA if unable to change existing precedent that’s unfavourable. Allows to go directly to Supreme Court but only if POL of general public importance