The civil courts and appeal process Flashcards
What are civil claims?
Civil claims are generally between individuals, partnerships, companies and/or local or national Government departments. Such as negligence, contractual disputes or judicial review.
What is judicial review?
A type of court proceedings in which the judge reviews the lawfulness of decisions or action made by a public body which is taken to court for a review.
Where are claims issued?
In the county court or the high court which are the courts of first instance. The magistrates court also has some jurisdiction over civil cases but it is primarily a criminal court.
What do the county courts do?
Hear the majority of civil cases and depending on the severity it will be allocated to one of three tracks. Examples are negligence, bankruptcy, divorce, property, contract and tort.
What does the high court do?
Trials involving specific areas of law or claims over £15,000. However they have to be above £50,000 for a personal injury claim. It can also be an appeal court. It has three divisions which are the King’s Bench Division, Chancery Division and the Family Division.
What types of cases are in the King’s Bench Division?
Contract cases where the amount is over £100,000, tort claims where it is also over £100,000 as well as fraud, libel, slander, malicious prosecution. May also be lawfulness of conduct of national and local Government. There is usually a single judge on these cases and rarely ever a jury but if there is they have 12 members.
What types of cases take place in the chancery division?
Insolvencies for companies, enforcement of marriage, property matters, contested probate actions. There is a single judge and no jury.
What types of cases take place in the family division?
International cases concerning families under the Hague convention, family cases where it is uncertain which country’s laws should apply and it can also hear cases from the family court if case is difficult or important such as custody over children. There is a single judge on this case.
What are the first three steps of pre-action protocol?
- Parties need to give as much information to the court before the trial starts
- Parties must try to undergo ADR (Alternative Dispute Resolution)
- If going to court, must fill out an N1 form.
What court for which cases?
-£100,000 or less should be started in county court.
- £10,000 or less should be small claims track in county court.
- £10,000 for a normal claim, £50,000 for personal injury is a small claim in the court court.
- £50,000 for a personal injury or £100,000 for a normal claim will be either in the county or high but is a high claim.
Are you charged a fee for issuing a claim?
Fee varies depending on the claim. Higher fees for a higher claim, such as £10,000 for a £200,000 claim.
What are the three tracks in the county court?
Small claims, fast track and multi track
When do we use the small claims track?
Less than 10,000 claim except for personal injury cases in which case this is less than 1,000. This uses a district judge. District judges are less experienced and usually have 5+ years as a solicitor or barrister.
When do we use the fast track?
Cases between 10,000 and 25,000. This uses a circuit judge and can either be in the high or county court. Circuit judges are more experienced with 8+ years as a solicitor or barrister.
When do we use the multi track?
Cases of 25,000 and above as well as complex cases. This can also take place in the high or county court using a circuit judge.
What does the appeal route depend on?
The level of judge hearing the case.
What happens if the case is originally heard by the district judge?
The circuit judge in the county court will hear the appeal and then proceed to the COA
What happens if the case is heard by the circuit judge?
The case will be appealed to the high court and then proceed to the COA.
What does s55 of the Access to Justice Act 1999 say?
Appeals can only proceed if the original court or the court about to hear the appeal grants permission to hear the case for two reasons; it involves a great matter of importance or the appeal has a good chance of success.
What is a leapfrog appeal?
Appeal that is heard by a higher appellant court than would usually do so.
How does the queens bench division appeal?
Has appellate jurisdiction in respect to judicial review. It can also hear appeals on a point of law by way of case stated.
How does the family division appeal?
Court hears appeals from the decision of Magistrates Court and County courts in respect of family related matters.
How does the chancery division appeal?
Hears appeals based on decisions made in bankruptcy and insolvency cases originally decided in the county court.
What is appellate jurisdiction?
The authority a court has to hear an appeal against a decision made by a lower court.
