The Legal System

Question 1

What is a civil court?

Answer 1

A court which deals which deals with non-criminal matters. Such as contract, tort and family law

Question 2

What did the access to justice reform (1996) introduce to the civil legal system?

Answer 2

• Case management was handed to individual judges
• The track system was introduced to the County court
• Pre-action protocols were introduced
• Alternative forms of dispute resolution were encouraged (Arbitration, mediation, conciliation, etc)

Question 3

What is the jurisdiction of the County court?

Answer 3

Deals with the majority of civil matters, it hears:

• contract disputes
• tort actions
• compensation claims
• cases involving wills/trusts up to £30,000
• disputes arising under the Equality Act 2010
• defamation cases

Question 4

What is the jurisdiction of the Queens Bench division of the High court?

Answer 4

Hears:

• both civil and criminal cases
• common law business cases
• tort cases involving defamation, trespass, negligence
• judicial review actions

Question 5

What is the jurisdiction of the Chancery division of the High court?

Answer 5

Hears:

• specialist civil cases (company law, patents, etc)
• professional negligence cases
• competition law cases

Question 6

What is the jurisdiction of the Family division of the High court?

Answer 6

Hears:

• family related cases
• cases involving children under the Children Act 1989
• wardship cases involving the custody of minors

Question 7

County court AO3

Answer 7

• Appeal routes are available
• A solicitor is not needed in most cases
• Small claims court is less formal than the County court

Question 8

High court AO3

Answer 8

• Clear separation of types of law via the 3 divisions
• A jury trial is available for tortious cases
• Expensive and time consuming cases = congestion
• Simplified and single set of rules which govern the High court

Question 9

What are the maximum claim values for each of the claims tracks?

Answer 9

Small = max of £10k straightforward and £1k personal

Fast = between £10k and £25k

Multi = between £25k and £50k

High Court = in excess of £50k

Question 10

What is the change in judges after the first appeal?

Answer 10

• District judge > Circuit judge
• Circuit judge > High court judge
• High court judge > Court of Appeal judge (only if a multi track claim is appealed)
• High court judge > Supreme court judge (only occurs through an appeals “leapfrog” which takes place if the case covers a point of general public importance)

Question 11

What are the forms of alternative dispute resolution?

Answer 11

• Tribunals
• Arbitration
• Mediation
• Conciliation
• Negotiation