1st examined unit - Topics Flashcards
These are the parts you need to remember as these can't be on your notes (44 cards)
What are damages?
compensation
What are the two types of damages?
special and general damages
What are general damages?
non-pecuniary and are difficult to put a figure on as they can’t be calculated exactly
What are special damages?
pecuniary and are financial which can be calculated exactly
What does general damages cover?
Loss of career - (costs to retrain)
Loss of amenity - (hobbies/enjoyment)
What does special damages cover?
Loss of earnings - (injury to date of trial)
Medical expenses - (medicines, private treatment if not on the NHS, travel for appointments)
Special facilities - (care, 1:1 support, nursing, changes to home, moving home)
If relevant extra - Damages
Contributory negligence - if the claimants party is at fault, damages can be reduced by the extent the claimant was liable (e.g. 25%)
Mitigation of loss - the claimant is under a duty to mitigate loss and not occur unnecessary costs
Provisional damages - if the injury is uncertain or may deteriorate
What is heard in the county court?
Negligence cases under £100,000 and personal injury cases under £50,000.
Can be used for the small claims track, the fast track, the intermediate track and the multi track with low complexity.
What is heard in the high court?
Negligence cases over £100,000 and personal injury cases over £50,000 and the multitrack with high complexity.
King’s Bench Division (KBD) {or the high court ordinary} for negligence cases.
Judges in tracks -
District judge
County court
Small claims track - Fast track - Intermediate track
Judges in tracks -
Circuit Judge
County court
Multi-track (low complexity)
Judges in tracks -
High court judge
High court
Multi-track (high complexity and high value)
Judges in appeals
District judge > Circuit judge
Circuit judge > High court judge
High court judge > Lord / Justice of appeal (CA) or Justices of the supreme court (SC)
Small claims track - Court and judge
Crown court
District judge
Fast track - Court and judge
Crown court
District judge
Intermediate track - Court and judge
Crown court
District judge
Multi-track - Court and judge
Crown court - District judge
High court - High court judge
Small claims track - information
- representation not needed
- cannot claim back fees
- informal
Fast track - information
- Formal trial
- Max 1 day
- Date set in 30 weeks
Intermediate track - information
- Formal trial
- Max 3 days
- Limited to 2 experts per party
- clinical negligence to multi-track
Multi-track - information
- Circuit judge will manage court allocation
- Value and complexity
Jurisdiction of the county court
Hear = all tracks but only some from the multi-track
District judge > Circuit judge > High court judge
Jurisdiction of the high court
3 divisions
negligence - high court hears appeals from the county court
^ Circuit judge > High court judge
What are the 3 divisions of the high court?
- Chancery division
- Family division
- King’s Bench Division (KBD) or high court ordinary < negligence