Civil Courts Flashcards
What are civil cases?
The concern disputes between individuals usually wear an individual or a business thinks that someone has infringe their legal rights in someway
What is jurisdiction?
Means the power of each court has to deal with the certain type of case
What are the county court cases?
Business towing to recover money they have owed
Individuals seeking compensation for injury
Landowners seeking order that will prevent trespass
His vast majority of civil cases
What are the high court divisions?
Chancery division
Kings bench division
Family division
What is the Kings bench
Majority of work, taught and contrast cases not suitable for county court – his criminal appeals and judicial review cases
What is chancery division?
Cases
Tax, property, wills and probate and bankruptcy cases
Family division cases
Disputes under Hague convention – adoption, divorce, Will and child custody
What are most family cases now dealt with?
Dealt with the separate county court following crime and court act 2013
What are the pre-action protocol?
Are rules about what the parties must do even before court proceedings are issued
What does the personal injury reaction protocol require?
Letter of claim – set out defendant is at fault, nature of injury
Defendant has three months to investigate and admit liability or explained to claimant why liability is denied
Parties agree on expert witness if required
If either party does not comply, then they can be penalised when it comes to the issue of paying the costs at the conclusion of the claim
If the dispute cannot be settled, the claimant can issue proceeding by completing form N1
The court will allocate it to 3 tracks what is a track?
Attract in the name for the different set of rules that are applied to different types and values of claim
What are the track?
Small claim track
Fast track
Multitrack
Intermediate track
What is the small claim track?
Claims under 10,000 or personal injury cases under 1000
County Court
District judge
Cannot recover cost
Legitimate in person
Fast track
10,000–25,000
personal injury cases between 1000–25,000
County Court
Circuit judge
30 week timetable to trial – only one joint expert allowed – trial Limited to one day
Multitrack
Over 25,000 or more complex
Cases up to 50,000 – County Court – circuit judge
Cases over 50,000 – High Court – puisne judge
Judge Seth’s timetable to trial
No limit on experts – evidence may be more detailed
E.g. neglect of children – clinical negligence – human rights issue – those involving harm – vulnerable adults
Intermediate track
Cases of 25,000 – to 100,000
Circuit judge
Case heard by district judge
The appeal is made to A circuit judge
A case heard by circuit judge
The appeal is made to a High Court judge
When our second appeals made
Me to court of appeals and only in exceptional circumstances
S55 access to justice act 1999 – not unless
A – the appeal would raise an important point of principal or practice
B – that is some other compelling reason for the court of appeal to hear it
On occasion there can be a leapfrog appeal from the High Court what is a leapfrog?
Appeal under – administration of justice act 1999 – if the Supreme Court gives permission point of law of general public importances
Advantages of civil courts
The fair process – cases are treated alike and heard by impartial judges
Parties can also peel if they are not happy with the judges decision
This means that the civil Court are proceeding just
Decisions of the court are binding in law if a party does not comply the courts decision can be enforced by starting enforcement proceedings
This is not the case for most forms of alternative dispute resolutions
The binding nature of court proceeding encourage the parties to Negotiate seriously and look to settle cases where possible
The parties have the right to appeal against the decision of the court
Advantage compared to negotiation, medication or conciliation where no appeal is available – however if the party that appeals is unsuccessful, there are bound to comply with the courts decision
Disadvantages of civil courts
Often the cost of proceeding the trial are far greater than the amount being claimed
High Court cases in particular can run too many thousands of points in costs
However, the rule that the loser must pay the winners cost can be argued to encourage the early settlement of disputes
Court proceedings can be very slow with many procedural steps to go through therefore issues are resolved – however this position is improving
Taking a case to court carry significant insert and he with it as there is no guarantee of winning at trial no matter how strong case me up on paper
Negligence
Failure to take proper care over something – breach of a duty of care which result and damage
