civil courts Flashcards
(28 cards)
What is the aim of civil courts?
settling disputes between people, not punishment.
Who is the burden of proof on?
The claimant
What is the standard of proof?
On the balance of probabilities
What is the remedy?
Damages
Act relating to county court
Crime and Courts Act 2013
how many centres roughly have a county court?
500
What is the maximum claim for county court?
up to £100,000 or £50,000 personal injury
What cases can county courts try?
Can try nearly all civil cases:
contract, tort, debt claims, consumer dispute, housing claims, bankruptcy/insolvency, trusts/probate, recovery of land, equitable matters.
What judges are in the county court?
Single judge hearings.
circuit judge, recorder, district judge
How many high courts are there?
Just one in London
What are the three divisions?
Kings Bench Division, Chancery Division, Family Division
What cases does the Kings bench division hear?
It is the biggest division
- contract or tort over £100,000
- smaller claims if there is an important point of law
- case stated appeals in criminal cases from Mag and crown court applications for judicial review and Habeas corpus applications (wrongful imprisonments)
What are the specialists courts in the Kings bench division?
-commercial court
-admiralty court
- administrative court
When is there a right to jury in Kings bench division?
fraud, defamation, malicious prosecution, false imprisonment
What cases does the Chancery division try?
insolvency/bankruptcy, enforcement of mortgages, trust property, copyright/patents, intellectual property matters, contested probate
What is the special court in the Chancery division?
Companies court
What cases does the Family division try?
Family matters with jurisdiction matters, Hague convention, normal family matters (Children Act 1989), appeals from lower courts,
What is the 3 track system?
Small claims, fast track, multi track
A district judge (county court) or a Master (High court) decides which track
What is small claims?
claims up to £10,000, or personal injury up to £1000
Simple cases
What is fast track?
£10,000 - £25,000
trial up to one day
moderately complex cases
What is multi-track?
over £25,000
complex cases
Pre-trial procedure step 1: claim form
-state which preferred court
-names and addresses of C and D
- brief details of case
- values of claim
Aim is to establish fee payable and choice of court + track
Step 1: claim form side 2
- particulars of claim
- can be sent separately (within 14 days)
- simple statement of facts which the claim is based
claim form served on D
fee paid on filing
Step 2: D receives claim form
Response pack includes:
- admission form
- acknowledgement of service form (14 days)
- defence form (extra 14 after aos)
if not C can file for default judgement and win the case
