The Courts of England and Wales Flashcards
name the three courts where civil cases may begin?
- County Court
- High Court
- Family Court
**Magistrates court may deal with a limited number of civil cases
what is the overriding objective in a civil court claim
“enabling the court to deal with cases justly and at a proportionate cost”
What is the overriding objective in a family case?
“Welfare”
“enabling the court to deal with cases justly having regard to any welfare issues involved”
Protecting the interests of children and vulnerable adults
A Claimant has the option of issuing a claim in the high court if:
*the claim is for more than £100,000;
or the claim includes damages for personal injuries and the value of damages being claimed is for £50,000 or more
FACT - SMALL CLAIMS TRACK
what claim is eligible?
This is used for personal injury where the value of pain, suffering and loss of amenity is no more than £1000. It is also used for other claims of no more than £10,000.
What is a ‘litigant in person’
It is where the claimant and defendant do not need to have a lawyer.
FACT - FAST TRACK CLAIMS
what claim is eligible?
The track is used for claims which exceed £10,000 (or £1000 in respect of pain and suffering” but ARE NOT worth more than £25,000.
For a fast track claim, the period between directions and trial will not exceed….
30 weeks.
FACT - MULTI TRACK
what claim is eligible?
This track applies to cases who exceed £25,000 and for complex cases.
What kind of cases does The County Court deal with?
- Debts
- Personal Injury
- Breach of Contract Claims
- Housing disputes
- lower bankruptcy claims
What are the remedies available for a county court claim?
- Damages
* Equitable Remedies
What Courts can you appeal to if your claim started in the County Court?
- Divisional Court of the High Court
* Court of Appeal
A Claimant for Damages of £60,000 which include personal injuries must issue their claim to the High Court, True or False?
FALSE
The Claimant has the OPTION
How many Divisions does the High Court have?
3
What are the names of the Divisions at the High Court?
Queens bench division
Chancery Division
Family Division
High Court
What claims does the Queens bench division deal with in first instance?
Personal Injury
Negligence
Debt
Breach of Contract
High Court
What claims does the Chancery division deal with in first instance?
Trusts
Mortgages
Disputes over wills and inheritance
High Court
What claims does the Family Division deal with in first instance?
Protection of Vulnerable adults
International Family disputes including child abduction
What claims does the family court deal with?
- divorce
- family and breakdown
- child protection
Appeals from the family court
who can you appeal too?
Court of Appeal
What claims does the magistrates deal with?
Civil Cases such as unpaid council tax
Appeals from the magistrates court
who can you appeal too?
Divisional court of the High court
In first instance which court deals with criminal offences?
Magistrates depending on the severity of the case.
What is a summary offence?
These are least serious offences such as, common assault, minor traffic offences. They are always tried in the magistrates court.
What is an either-way offence?
These offences at an intermediate level of seriousness such as criminal damages, assault which may cause bodily harm.
A preliminary hearing will take place in the magistrates court at which the decision is made to whether the case should be tried in the magistrates court or the crown court.
What is an indictable offence
These are the most serious offences such as rape and murder.
they MUST be tried in the crown court following a brief preliminary hearing in the magistrates
Criminal Procedure Rules
What is the overriding objective
As with Civil Procedure Rules have an overriding objective requires that criminal cases be dealt with justly.
Justly means that the guilty should be convicted and the innocent set free.
Under Art 6 European Convention on Human Rights (the right to fair trial) should be respected.
How many ‘lay’ (non-legally qualified) magistrates will be at a hearing at the magistrates courts?
3 or by a single District Judge
What ages will be tried in a youth court?
10-17 years old
Which of the following describe the maximum sentencing powers of a Magistrates’ Court in a criminal case?
(i) 6 months for one or more summary offences
(ii) 12 months for two or more summary offences
(iii) 6 months for two or more either-way offences
(iv) 12 months for two or more either-way offences
6 months for one or more summary offences
12 months for two or more either-way offences
(Still not been brought into force)
s154 Criminal Justice Act 2003 provides that
maximum sentence for a one or more summary offence should be 12 months.
s85 Legal Aid, Sentencing and Punishment of Offenders Act 2012 provides that…
allows for unlimited fines to be imposed in the most serious cases.
Appeals from the magistrates court (criminal cases)
who can they appeal too?
Crown Court
FACT
The Crown Court
Each Crown Court (england and wales) is divided into three tiers which are staffed by judges of varying levels of seniority.
Very serious crimes such as murder must be tried in the top tier where High Court Judges are available.
Less serious crimes are tried in the lower tiers by Circuit Judges and Recorders.
Cases are tried by Jury.
Appeals from the Crown Court
Who can they appeal too?
Court of Appeal
How many divisions does the Court of Appeal have?
Name them?
2.
Civil Division
Criminal Division
Appeals from the Court of Appeal
who can they appeal too?
Supreme Court.
Appeals are heard by Justices of the Supreme Court
Appeals from the Supreme Court
who can they appeal too?
European court of Human Rights
What does miscarriage of justice mean?
a person is convicted and punished for a crime that they did not commit.
What cases does the Criminal Review Commission deal with?
Miss-carriage of Justice
What does the Criminal Appeal Act 1995 investigate?
- a new piece of evidence
- a new legal argument which has not been raised during trial or any appeals
- exceptional circumstances
