Civil courts and appeals

Question 1

What is the act for county and high courts?

Answer 1

-Crime and Courts act 2013

Question 2

How many county courts and high courts are there in england and wales?

Answer 2

-One in E+W sitting in 500 centres
-One high court (royal courts of justice) but sitting in number of centres

Question 3

Describe the cases heard in county court?

Answer 3

-Civil claims
-Up to £100,000
-Negligence
-Tort (nuisance etc)
-Debt and contract
-Housing claims
-bankruptcy and insolvency
-probate claims

Question 4

Who hears claims in county court?

Answer 4

-Single judge (circuit/recorder, if simple then district)
-judge decides liability, compensation, other remedies and who should pay costs of case

Question 5

Describe high court?

Answer 5

-Single judge
-3 divisions:
-King’s bench
-Chancery
-Family
-judges assigned to one and only hear cases relevant to that

Question 6

What does a judge decide in high court as in county court?

Answer 6

-Liability
-Compensation
-Any other remedies
-Who should pay costs

Question 7

KBD(5)

Answer 7

-Largest
-contract and tort over £100,000
-Smaller cases where important point of law
-Right to jury for libel fraud, slander, false imprisonment etc
-Specialist courts: administrative (judicial review, criminal case stated) and circuit commerical courts

Question 8

Chancery

Answer 8

-Business, property and land over £100,000
-Trusts
-Probate
-Partnership matters
-Insolvency
-Special courts (insolvency and companies list)

Question 9

Family division

Answer 9

-family cases where dispute abt what countries laws should apply
-international cases concerning family matters under hague convention
-single judge
-appeals from lower court (family proceedings and county)
-Separate to family court (2013 Crime and Courts act)
-Deals with serious and complex cases

Question 10

What are pre-trial procedures?

Answer 10

-court is last resort, only if settlement can’t be reached or ADR failed
1. give all info to courts
2. undergo ADR first
3. If court then N1 form

Question 11

What are pre-action protocols?

Answer 11

-List of things to do by each party involved

Question 12

What court to use for what?

Answer 12

• less than £10,000 or £1000 PI = small claims
  -less than £100,000 or 50,000 PI = county
  -more than £100,000 or £50,000 PI = county or high court

Question 13

N1 form

Answer 13

-Names and addresses of parties
-reason
-money claiming
-Filed at: county court office, high court, online for debt.
-parties to claim
-statement of facts
-charged fee for claim, depends on amount ( £10,000 for claims of £200,000+)

Question 14

What options is dft given?

Answer 14

-Court sends claim to dft
-can admit and pay full amount
-admit and pay instalments
-dispute and file defence
-file acknowledgement of service - ask for time for defence

Question 15

What are the 3 tracks?

Answer 15

-Small claims track
-Fast track
-Multi-track

Question 16

Small claims track

Answer 16

-less than £10,000 (£1000 PI)
-District judge
-No lawyers
-2-3 hrs
-limited witnesses

Question 17

Fast track

Answer 17

-£10,000 to £25,000
-strict timetable of 30 wks
-max 1 day hearing, limited witnesses
-circuit judge
-rep by lawyer

Question 18

Multi-track

Answer 18

-£25,000-£50,000
-County court, circuit judge
-case managed by circuit judge, strict timetable, disclosure of docs, number of witnesses and how long
-If complex or over £50,000 then high court

Question 19

How are cases managed at multi-track?

Answer 19

-Identify issues
-Encourage ADR
-Deal w procedural steps w/o parties
-Fix timetables

Question 20

Why is case management important?

Answer 20

-Keep costs low
-Heard quickly

Question 21

Explain appeals route

Answer 21

-district in county - circuit judge in same court - COA
-circuit judge in county - high court judge of division relevant - COA
-multi track (HC) - COA

Question 22

What is a leapfrog appeal?

Answer 22

-Go directly from HC to SC, miss out court of appeal if issue of national importance
-Administration of justice act 1999
-only if SC gives permission

Question 23

2nd appeals

Answer 23

S55 Access to justice act
-Only if original court or court abt to hear appeal grants permission to hear case (great importance or has good chance success)

Question 24

Further appeals

Answer 24

-COA cases can be further appealed to SC only if COA allows permission to be given (leave to appeal)

Question 25

Adv of civil courts

Answer 25

-fair. impartial judge. listens to points. decides on evidence not opinion
-legal expert. judge. qualified lawyer experienced. knows law, deal w complicated points of law unlike ADR.
-decisions binding in law. if don’t comply can be enforced. not in ADR
-right to appeal (ADR no appeal) if wrong decision on point of law
-possible to access legal aid

Question 26

Disadv of civil courts

Answer 26

-Uncertainty. no guarantee win. may have to pay costs, difficult to know cost of case in advance
-high costs. can be more than amount claimed. legal fees. HC hundreds of thousands.
-Long delay. preliminary stages. even after set for hearing can be long. backlog. some cases years. (imp-2016 multitrack avg 52 wks, 3 wks quicker than 2015)
-complicated process. steps, pre-action protocols, forms, procedures, complication if no legal help.