CH1. Part C: - Court Structure Flashcards Preview

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Flashcards in CH1. Part C: - Court Structure Deck (51)
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1

What are the two principal types of civil court in England and Wales?

The High Court and the County Court.

2

The jurisdiction of the High Court is governed by?

The Senior Courts Act 1981 (‘SCA’).

3

The High Court of Justice sits where?

In the Royal Courts of Justice (‘RCJ’) in the Strand, London, and in various regional centres (‘District Registries’).

4

Where must claims involving disputes in London be commenced?

In the Royal Courts of Justice (‘RCJ’).

5

In the High Court, trials are conducted by?

High Court judges.

6

Interim matters are generally dealt with in the RCJ by?

Masters.

7

Interim matters in District Registries are generally dealt with by?

District Judges.

8

Where do County Courts derive their jurisdiction from?

The County Courts Act 1984 (‘CCA’).

9

How does a claimant commence a claim for a specified or unspecified amount of money?

By sending a form (known as the N1 form, or claim form) to the County Court Money Claims Centre.

10

What will a claimant specify on the N1 form?

The claimant will also specify its preferred County Court hearing centre on the form and the court will take this into account in deciding where the claim is to be heard.

11

In the County Court, trials are generally conducted by?

Circuit Judges or Recorders (part-time judges).

12

In the County Court, interim matters are generally dealt with by?

District Judges (the equivalent of High Court Masters).

13

What courts can hear appeals?

The Court of Appeal, the Privy Council and the Supreme Court hear appeals.

14

Who can a High Court Judge hear an appeal from?

A High Court Master.

15

In addition to the courts, a range of other tribunals, disciplinary bodies and courts martial decide civil disputes. Give 5 examples

The Employment Tribunals, The Mental Health Act Tribunals, Courts Martial, The Ecclesiastical Courts, and the Solicitors' Disciplinary Tribunal) also hear some matters.

16

The High Court is divided into three divisions, what are they?

1. Chancery Division;
2. Queen’s Bench Division; and
3. Family Division.

17

The allocation of business between divisions is governed by?

S.61 SCA (Schedule 1).

18

The variations in procedure for the various specialist divisions of the High Court are contained where?

In practice directions to CPR 49 and 58 – 63 of the CPR.

19

Practice guides (e.g. Chancery Court Guide, Queen’s Bench Guide, Admiralty & Commercial Court Guide, containing practical information in relation to the particular division, are intended to supplement the CPR and practice directions. Where can they be found?

Volume 2 of the White Book.

20

The Chancery Division of the High Court deals with the following types of claim:

1. land;
2. mortgage;
3. trusts;
4. administration of estates;
5. bankruptcy;
6. partnerships;
7. probate;
8. intellectual property; and
9. company matters.
It also deals with other contract and tort claims.

21

The Queen’s Bench Division of the High Court deals with:

Most contract and tort claims. In addition, it deals with commercial matters, admiralty and judicial review.

22

The Family Division deals with:

Matrimonial and related matters.

23

Which specialist courts have been combined under a new umbrella Business and Property Court?

The Commercial Court, The Companies and Insolvency Court, The Patents Court and the Intellectual Property and Enterprise Court (‘IPEC’), The Technology & Construction Court, The Admiralty Court, and the Competition Court.

24

The Commercial Court is part of which division of the High Court?

This is part of the Queen’s Bench Division.

25

What is The Commercial Court also known as?

The Mercantile Court in various District Registries, namely Birmingham, Bristol, Cardiff, Chester, Leeds, Liverpool, Manchester, Newcastle-upon-Tyne and in the Central London County Court.

26

What matters does The Commercial Court deal with?

It deals with complex matters that require specialist commercial knowledge, e.g. banking, shipping and insurance.

27

The Commercial Court has separate procedures set out in:

CPR 58, PD58 and the Admiralty and Commercial Courts Guide, found in Volume 2 of The White Book.

28

The Companies and Insolvency Court is part of which division of the High Court?

This is part of the Chancery Division.

29

The Companies and Insolvency Court deals with?

Applications under the Companies Acts as well as financial and insolvency matters etc.

30

'Specialist proceedings' heard in the Companies and Insolvency Court are governed by which two Practice Directions?

Practice Direction – Applications under the Companies Acts (PD 49A) and Related Legislation and Practice Direction – Order under s.127 Insolvency Act 1986 (PD 49B).