The Jurtisdiction of the County County and High Court Flashcards
How many civil courts of first instance are there?
There are 2 civil courts of first instance.
Name the civil courts of first instance.
The County Court and High Court.
What does courts of first instance mean?
This is where trials take place.
What does the County Court deal with?
The County court deals with the majority of civil cases of up to £100,000 in value.
How many Civil Courts are there around the country?
There are 170 of them in towns and cities around the country.
What cases does the County Court have the jurisdiction to hear?
Cases involving contract, tort, trusts, inheritance of up to £30,000 and bankrupcy.
It hears cases from the Small Claims Track, Fast Track and sometimes the Multi Track.
Where is the High Court based in?
It is based in London but it has judges sitting in other towns and cities.
How many Divisions does the High Court have?
3 Divisions- each Division deals with different matters.
What are the 3 Divisions of the High Court?
The Queen’s Bench Division (QBD), the Chancery Division and the Family Division.
What does the QBD deal with?
It mainly deals with tort and contract matters of over £100,000 in value and complex multi-track cases from the County Court.
What may the claims invlove in the QBD?
Personal injury, negligence, breach of contract, defamation and the non-payment of debt, and can also hear applications for a judicial review.
What are the courts within the QBD?
The Administrative Court, the Admiralty Court, the Commercial Court, The Circuit Commercial Court and the Technology and Construction Court.
Administrative Court
Aplications for judicial review and appeals by way of case stated from criminal cases.
Admiralty Court
Maritime Law.e.g.shipping
Circuit Commercial Court
Deals with claims in the area of commerce and trade that are not within the jurisdiction of the Commercial Court or the Chancery Division.
Commercial Court
Such as insurance and banking cases
Technology and Construction Court
For example cases involving architects and engineers
What is the Chancery Division?
It has jurisdiction to hear claims relating to business, property and
What kind of claims does the Chancery Court have jurisdiction to hear?
Business, property,land-related disputes, competition law, intellectual property claims, insolvency disputes and will/probate claims.
What are the courts within the Chancery Division?
The Intellectual Property Enterprise Court and The Patents Court
What matters does the Family Division deal with?
It deals with family related matters.
Family Law Act 1996
Matrimonal cases such as divorce
Children Act 1989 and the Child Abduction and Custody Act 1985
cases concerning child welfare
Court of Protection cases
This is where the court makes the decisionon behalf of those who ‘lack mental capacity’