Unit 1: Civil Courts and ADR Flashcards
When do Civil Claims arise?
When an individual or a business have had their rights infringed in any way by another party.
How are Civil Claims different from a Criminal case?
You don’t get punished.
Three examples of Civil Law
- Contract claim
- Personal injury claim
- Injunction
Who would you consult to get advice about your case?
- Lawyer
- Citizen Advice Bueauru
What would you need to do if the other side refuses to compromise?
-Start a claim
What do you need to check before starting a legal proceeding?
-They have the money.
If not you may waste both your time and money!
Whats the first step in civil action?
- ADR
- Tribunals
Going to court is last resort.
What is Pre-Action Protocol?
Before court proceedings can begin the parties to a civil case are encouraged to follow a pre-action protocol.
This is a list of things to be done, and information to be given to the other side
How many Pre-Action Protocol steps?
4
Pre-Action Step 1
Once that information has been shared, the Claimant completes a claim form and sends it to the relevant court
The court then sends that information to the defendant, named on the claim form
Pre-Action Step 2
Response is sent from defendant
If there is no response at all to the claim from the defendant within 14 days, then there will be a default judgement for the claimant
Pre-Action Step 3
Form of admission might be sent
This will include an offer to pay and the court will determine the amount of damages
If NO admission
There will be an Acknowledgement of service and/or Form of defence.
An acknowledgement is a brief summary of the defence (and adds time to respond)
A form of defence is a fuller explanation
Pre-Action Step 4
Allocation questionnaire then sent from claimant to defence
The court will then choose one of three tracks
REMEMBER
A claim can be settled at any stage in the process
Two types of courts where civil cases are tried
County Court
High Court
Which court is used is determined by allocation to one of the three tracks
About County Court
There are about 200 County Courts located around the country, in most large towns / cities
Cases are heard in open court and the public can attend
Claimant / Defendant are usually represented, normally by a solicitor / legal executive but sometimes by a barrister
About High Court
Based in London but also has regional centres in other cities (26)
Separated into Divisions that deal with different areas:
Queen’s Bench Division – contract, tort, land etc judicial review of delegated legislation
Chancery Division – insolvency, mortgages, IP
Family Division – divorce settlements, child related issues
Three Tracks
Small Claims
Fast Track
Multi Track
Why Three Tracks were introduced?
In 1999, the Civil Procedure Rules were introduced following the Woolf Report’s recommendations
Introduced as a way of simplifying the legal process
Was supposed to speed up justice
Provide a cheap way of ensuring cases were resolved
How many cases go through court?
Approx 1.5 million cases started every year
Only a small number actually go to trial
Approx 33,000 low value claims
Approx 12,000 cases tried in County Court / High Court
All other cases resolved before getting to trial
About Small Claims track
Used for disputes under £10,000
OR
Personal injury / housing cases under £1,000
People encouraged to take their own case
Cannot claim the cost of a lawyer from the losing party
District Judge (County Court) expected to take an active, inquisitorial role
Court fee ranging from £25-£108 depending on case
About Fast track
Claims between £10,001 and £25,000
County Court sets out a very strict timetable to prevent either side from wasting time / running up unnecessary costs
Aim is to hear the case within 30 weeks
Actual wait for a hearing is around 56 weeks
Trial will be usually heard by a District Judge in the County Court
More complicated cases will be heard by a Circuit Judge
Heard in open court with a more formal procedure than for small claims
Hearing is limited to 1 day
Usually only 1 expert witness allowed
About Multi track
For cases over £25,001 OR
For complex cases under this amount
Heard in either the County or the High Court
£25,000 - £100,000 County Court
£100,000 + High Court
Exceptions: Personal Injury cases the max is £50,000 for the County Court and Defamation cases are always heard in the High Court
Case will be heard by a Circuit Judge
A different Circuit Judge will ‘manage’ the case
sets timetable and may order documents to be produced
Case will be much more expensive
Time between issuing claim & trial = approx 3 years
Money: lawyers & court fees
Small Claims Track Advantages
Low cost
Represent yourself
Quick
Help available from judge
Small Claims Track Disadvantages
Allocation fee
No legal funding (but ‘no win, no fee’)
Judges aren’t that helpful
Might not get your money
Fast Track Advantages
Faster than the old system
Allowed a witness
Legal Representation
Fast Track Disadvantages
Still takes a long time
Witness is usually limited to 1
Cost can be higher than the claim amount
Multi Track Advantages
Faster than the old system
Allowed as many witnesses as you want
Legal Representation
Highly complex cases are dealt with by specialist courts
Multi Track Disadvantages
Takes a very long time
Costs incurred have no upper limit
Courts can’t cope with the demand
Highly complex cases may not be worth the usual value
What is an appeal?
Once a decision has been made in either Court, there is always the opportunity to appeal against the decision
This is a request for the case to be looked at again, usually on a point of law
What are the 3 appeal courts?
The High Court Divisional Court
The Court of Appeal (civil division)
The Supreme Court
About The High Court Divisional Court
Separated into the same divisions as the normal High Court
2/3 Judges from that division hear the appeal
The Court of Appeal (civil division)
38 Lord Justices of Appeal, headed by the Master of the Rolls
Leave to appeal required – chance of success
The Supreme Court
12 Justices of the Supreme Court
Leave to appeal required – of national importance
Appeal Routes
From the High Court
Appeal usually goes to the Court of Appeal (Civil Division)
In rare cases, this may be “leapfrogged” if the case is of national public importance and there are benefits to an early decision from the Supreme Court
Further appeal to Supreme Court only allowed in rare circumstances
Other Appeals
If a case involves a point of EU Law, then ANY court that hears the case may refer it to the Court of Justice of the European Union using Article 267 of the EU Treaty
This court provides a ruling on how the EU provision is to be interpreted, and the ruling will apply to all Member States
