The Legal System - Civil Courts

Question 1

What are the two Civil Courts?

Answer 1

The County Court, there are about 200 of these in the country.
The High Court. this is based in London but also has several judges sitting in towns and cities across England and Wales.

Question 2

What cases do the County Court hear?

Answer 2

• All contract and tort claims
• All cases for the recovery of land
• Disputes over equitable matters up to the value of £350,000.

Question 3

What cases do the High Court hear?

Answer 3

-It has the jurisdiction to hear any civil case and has three divisions, each of which specialises in a hearing a certain type of case.

Question 4

What is the Queens Bench Division?

Answer 4

• This is the biggest of the three divisions.
• It deals with contract and tort claims where the amount claimed is over £100,000.
• It can hear cases where claims are smaller if it is on a point of law,
• Cases are normally heard by a single judge.
• There is right to trial by jury for fraud, libel, ect
• If a jury is used then 12 members will be used.

Question 5

What is the Chancery Division?

Answer 5

This division hears cases such as:

• Insolvency for companies and individuals.
• The enforcement of mortgages.
• Disputes relating to trust property.
• Copy right and patents
• Intellectual property matters
• Contested probate actions

Cases are heard by a single judge and a Jury is never used.

Question 6

What is the Family Division?

Answer 6

This will hear family cases where there is a dispute about which countries laws should apply and international cases concerning family matters under the Hauge Convention.

• Cases can also be deal with by the Family Court.
• All cases are heard by a single judge.

Question 7

What is the Pre-Trial procedure for civil cases?

Answer 7

• Parties are encouraged to go through the pre-trial protocol to prevent the need for so many court cases.
• If the other person denies ADR they then have to decide what court is used, any amount being claimed under £100,000 will be heard in the County Court. Any claim under £10,000 is dealt with through the small claims track.
• Then a claims form must be submitted to any of the county courts or if using the High Court then they must go to one of the 20 district registries or the main court in London.

Question 8

What are the three tracks?

Answer 8

The Small Claims Track- All disputes under £10,000, except for personal injury cases where at the time of writing are £1,000.
The Fast Track- For straightforward disputes of £10,000 to £25,000.
The Multi Track Claims- For cases that are over £25,000 or for complex cases under this amount.

Question 9

Appeals from the County Court

Answer 9

• If the case was heard by a District Judge then the appeal goes to a Circuit Judge in the same County Court.
• If the case was heard by a Circuit judge then the appeal is to a High Court judge.

Question 10

Appeals form the High Court

Answer 10

• The appeal will usually go the Court of Appeal.

- On very rear occasions the appeal will leapfrog and go straight to the Supreme Court.