Civil Courts Flashcards
(20 cards)
How do pre trial procedures work in the civil court
-begins with issuing an N1 form + pay a fee to issue the claim form
-accept or defend claim
-if defend they must serve a defence
-or pay full amount
What is the hierarchy of the civil court
-Supreme Court
-COA division
-high court
-county court
What is a leapfrog appeal
A jump from the high court to the Supreme Court
What is the role of the county court
-try all civil cases
-contract claims, land
-district or circuit judge
-170 judges
What is the role of the high court
-KBD deals with compensation
-chancery deals with wills and trusts
-family deals with divorces ect.
What is the role of the COA
-appeals from HC
-leapfrogged
-headed by master of rolls
Role of the Supreme Court
-12 judges
-50 cases a year
-general public importance or popular cases
Explain the small claim track
-under 10K -personal injury
-county court + district judge
-inquisitorial approach
Explain the fast track claim
-10-25,000
-strict timetable
-30weeks to trial
-country court + circuit judge
-1 expert + 1 day
Explain the multi-track claim
-over 25,000 or more
-complex cases
-50,000= county
-50,000+=high
-judge sets timetable
Advantages of civil courts: binding nature
Judgements enforced by courts. They can send bailiffs to seize property in order to pay earnings + legally binding
Advantages of civil courts:compulsory
Parties can be forced to attend court, this is good as it makes them address the dispute instead of being able to avoid it. This upholds the law and allows democracy to take place because even if a defendant ignores the claim a judgement can be made
Advantages of civil courts:fairness
the process is formal, governed by a set of rules, is presided by a legally qualified judge and lawyers showing a balanced process
Advantages of civil courts:funding
Different ways of funding cases is available- even if they are limited, legal aid is available for some and there are other options available such as conditional agreements, ensuring legal representation
Advantages of civil courts: right of appeals
It enables a party who is unsatisfied with the decision made in the courts to challenge it/ask for a review.
Disadvantages of Civil Courts: Cost
Court fees have to be paid as well as legal representation. The loser is often ordered to pay the winner’s legal costs as well as their own and any compensation. The litigation cost can throw people off pursuing a case
Disadvantages of Civil Courts: Time
The process remains slow and can take years getting some cases to trial, even with the instalment of the case tracks. There can be many delays with the pre-trial procedure, although courts can strike out some cases for delay.
Disadvantages of Civil Courts: Adversarial Process
The court process is ‘adversarial’ - seen like a contest rather than a discussion. This means that one party can be dissatisfied with the process and does not promote maintaining relationships between parties, which can be difficult in family cases.
Disadvantages of Civil Courts: Publicity of the Court Process
Civil court trials are usually held openly, meaning that anyone can go and sit in the public gallery. The press are also welcome and can sit in, writing reports to be published within national and local papers.
Disadvantages of the Civil Courts: Complexity and Formality
The court process is very difficult to navigate and may put some people off pursuing claims as an ordinary person may not understand the technicalities. The process is formal, complex and there are rules (Civil Procedure Rules) which must be followed.
