Civil courts Flashcards
What are the 3 tracks?
-Small claims trach
-Fast track
-Multi track
What tracks are heard in the County Court?
The Small claims track, fast track and the multi track claims are heard in the County Court
Who allocates the multi track cases to different courts?
Circuit Judge will allocate the claims to either the County court or the High court
What is the economic threshold of the small claims track?
Anything up to £10,000
What is the economic threshold for the Fast track claims?
Anything between £10,000 and £25,000
What is the economic threshold for the multi track claims?
Anything above £25,000
How long does a fast track claim trial last?
One day
What is the jurisdiction of the High court?
-Deals with claims of more than £50,000
-Chancery division will hear claims involving company law, tax and trusts etc.
-The family division will ear claims involving the welfare of children, divorce etc.
-The Kings Bench Division hears claims involving contract and tort. Headed by the Lord Chief justice. A jury of 12 will decide on a verdict.
What is the jurisdiction of the County Court?
-Deal with contract, tort, land disputes, wills (up to £30,000) and family cases.
-Deals with claims of up to £50,000
-A jury of 8 will be used in rare cases to decide the verdict
What is litigation?
The process of taking a dispute to a court of law.
Give an advantage of litigation.
-More appeal routes available, compared to arbitration that only has one.
-Fast track has significantly reduced the waiting time for a trial (down to a 30 week wait), however mediation may be done in 2 hours.
-There is legal aid available to parties that require financial support.
-Decisions are legally binding as they are delivered by a judge.
Give a disadvantage of litigation.
-Much more expensive that ADR (court fees)
-Still takes a long time, fast track can be done within 30 weeks whereas mediation can be done in usually 2 hours.
