The civil courts and appeal process

Question 1

What are civil claims?

Answer 1

Civil claims are generally between individuals, partnerships, companies and/or local or national Government departments. Such as negligence, contractual disputes or judicial review.

Question 2

What is judicial review?

Answer 2

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.

Question 3

Where are claims issued?

Answer 3

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.

Question 4

What do the county courts do?

Answer 4

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.

Question 5

What does the high court do?

Answer 5

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.

Question 6

What types of cases are in the King’s Bench Division?

Answer 6

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.

Question 7

What types of cases take place in the chancery division?

Answer 7

Insolvencies for companies, enforcement of marriage, property matters, contested probate actions. There is a single judge and no jury.

Question 8

What types of cases take place in the family division?

Answer 8

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.

Question 9

What are the first three steps of pre-action protocol?

Answer 9

• 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.

Question 10

What court for which cases?

Answer 10

-£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.

Question 11

Are you charged a fee for issuing a claim?

Answer 11

Fee varies depending on the claim. Higher fees for a higher claim, such as £10,000 for a £200,000 claim.

Question 12

What are the three tracks in the county court?

Answer 12

Small claims, fast track and multi track

Question 13

When do we use the small claims track?

Answer 13

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.

Question 14

When do we use the fast track?

Answer 14

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.

Question 15

When do we use the multi track?

Answer 15

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.

Question 16

What does the appeal route depend on?

Answer 16

The level of judge hearing the case.

Question 17

What happens if the case is originally heard by the district judge?

Answer 17

The circuit judge in the county court will hear the appeal and then proceed to the COA

Question 18

What happens if the case is heard by the circuit judge?

Answer 18

The case will be appealed to the high court and then proceed to the COA.

Question 19

What does s55 of the Access to Justice Act 1999 say?

Answer 19

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.

Question 20

What is a leapfrog appeal?

Answer 20

Appeal that is heard by a higher appellant court than would usually do so.

Question 21

How does the queens bench division appeal?

Answer 21

Has appellate jurisdiction in respect to judicial review. It can also hear appeals on a point of law by way of case stated.

Question 22

How does the family division appeal?

Answer 22

Court hears appeals from the decision of Magistrates Court and County courts in respect of family related matters.

Question 23

How does the chancery division appeal?

Answer 23

Hears appeals based on decisions made in bankruptcy and insolvency cases originally decided in the county court.

Question 24

What is appellate jurisdiction?

Answer 24

The authority a court has to hear an appeal against a decision made by a lower court.

Question 25

What is case stated?

Answer 25

A procedure by which a court or tribunal can ask another court for it’s opinion on a point of law.

Question 26

What is leave to appeal?

Answer 26

COA should allow an appeal against conviction if they think the conviction is unsafe and shall dismiss an appeal in any other case.

Question 27

What are the advantages?

Answer 27

• Legal Aid
• Fair process
• Decision enforceable by courts
• Legal expert conducts the trial
• Appeal process

Question 28

What are the disadvantages?

Answer 28

• Cost
• Delay
• Complicated process
• Uncertainty

Question 29

Legal aid

Answer 29

Government help in finding a case.

Question 30

Legal expert conducts trial

Answer 30

Decision made by judge who is an experienced and qualified lawyer

Question 31

Fair process

Answer 31

The process is fair in that everyone is treated alike.

Question 32

Decision enforceable by courts

Answer 32

Enforcement of the courts decision is easier as any decision made by court can be enforced through the courts.

Question 33

Appeal process

Answer 33

Specific appeal routes from decisions made in the court, so if the claimant is not happy with the decision, it is usually possible to appeal against it.

Question 34

Cost

Answer 34

The cost of taking to court are often more than the amount claimed. In high courts, costs can be hundreds of thousands of pounds. For smaller claims, the costs are often more than any amount claimed.

Question 35

Delay

Answer 35

Many preliminary stages to go through that add to the length of a case. Even after the case is set down for a hearing - it is still a long wait. About a year for larger claims, some cases may not be finished for years.

Question 36

Complicated process

Answer 36

For some cases, parties must use pre-action protocols and give information to other parties, forms must be filled out and procedures to follow whilst in court. All set out in civil procedure rules. This all makes it complicated for an ordinary person to take a case.

Question 37

Uncertainty

Answer 37

No guarantee of winning the case. The person losing may have to pay winning sides costs. This makes it difficult to know how much a case will cost in advance. Delays in cases can also add to uncertainty and cost.