The legal system :the civil courts Flashcards
How many county courts are in the UK
200
which are the main area of jurisdiction
all contract and tort claims
all cases for recovery of land
disputes over equitable matters such as trusts up to a value of 350000
what judges are hearing the cases in the county court
circuit judge
district judge
high court main points
it has the power to hear any cases
has three divisions :queen’s bench division
chancery division and family division
queen’s bench division
it deals with contract and tort cases where the amount claimed is over 100 000
tried by a single judge , but there is right to jury trial for fraud , libel, slander.
which are the specialit courts in queen’s bench division
commercial court
with what deals the commercial courts
deals with insurance
banking and other commercial matters
which are the main business of the chancery division
insolvency , both for companies and individuals the enforcement of mortgages disputes relating to trust property copyrights and patent intellectual property matter contested probate actions
which what are dealing the special companies court
with winding up companies(tried by a single judge)
main points of family division
cases where there is a dispute about which country’s laws should apply and all international cases concerning family matters under the hangue convention
heard by a single judge
juries are not used in this division
what is the method used beside going to court
alternative dispute resolution (ADR)
to star a claim for 10 000 or less
personal injury case claim for 1000 or less
small claims track
claim for 100 000 or less
personal injury case claim for 50 000 or less
county court
claim for over 100 000
personal injury case claim for over 50 000
high court or county court
small claims main point
cases are heard in private
parties are encouraged to represent themselves
they cannot claim the cost of using a lawyer from the other side , even if they win the case
fast track main points
the court will set down a very strict timetable
the aim is to have the case heard within 30 weeks
cases are heard by a circuit judge
take place in open courts
witnesess restricted - one
multi track cases main points
identifying the issues at an early stage
encouraging the parties to use an alternative dispute resolution if this is appropriate
dealing with any procedural steps without the need for the parties to attend court
fixing timetible by which the different stages of the case must be completed
1999 lord woolf’s reforms
brought in the three-track system
encouraged use of ADR
simplified terminology
tried to improve waiting times
post woolf reform
emphasis on proportionate costs in cases
increase in value the small claims and fast track cases can deal with
lords briggs’ proposals for the future
private mediation service in the county court
setting up an online court
process of online court
stage 1-interactive online process for the identification of the issues
stage 2 -conciliation and case management
stage 3 - if the case is not solved by stage 2 then there would be resolution by a judge
appeal routs foe all claims
if the case was heard by a district judge , then the appeal is 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
is there a possibility for a second appeal
and which court will be that
yes
court of appeal (civil division )
what are the terms for appeal to the court of appeal
the appeal would rise an important point of principle or practice
there is some other compelling reason for the court of appeal to hear it
appeal from the high courts main points
from a decision in the high court the appeal usually goes to the court of appeal (civil division )
raise issue which is of national importance
appeal routes from the county court
cases heard by circuit judge→high court judge→court of appeal(civil division)
cases heard by a district judge→circuit judge in the county court→court of appeal
appeal routes from the high court
high court→court of appeal (civil division)→supreme court
Advantages of using the courts
process is fair trial is conducted by a legal expert with the decision made by the judge easier to enforce the decision an appeal system is available legal aid is available for some cases
disadvantages of using the courts
cost
delay
complicated
uncertain
people found in the county court are
circuit judge/district judge
barister/solicitor
legal executive
how many division has high courts , and which are they
3
queen’s bench division
chancery division
family division
queen’s bench deals with …
tort and contract cases
queen’s bench main points
headed by lord chief justice
aproximately 50 high courts judges in this division
barrister /solicitors
legal executive
chancery division main points
headed by vice chancellor
assisted by 12 puisine judges
barrister /solicitors
legal executive
family division main points
headed by president
assisted by 16puisine judges
barrister /solicitors
legal executive
magistrates’ court deals wit which civil matter
debt recovery
family procedeeng court
licence application
presided by magistrates
county court main point
deals with civil (non-criminal) matters
Circuit judges,Fee paid judges,District judges
judges help by…(county court)
encouraging the parties to co-operate with each other in the conduct of the case;
helping the parties to settle the case;
encouraging the parties to use an alternative dispute resolution procedure if appropriate and;
controlling the progress of the case.
