Civil Courts Flashcards
(23 cards)
What are the two main civil trial courts in England and Wales?
The County Court and the High Court.
Where are most civil cases heard?
In the County Court.
When are civil cases heard in the High Court instead of the County Court?
When they are very expensive or legally complex.
How many County Courts are there in England and Wales?
Around 200.
What types of cases does the County Court hear?
Small claims (under £10,000), fast track and multi-track cases (when allocated), all contract and tort claims, cases involving recovery of land, trust disputes.
Who hears cases in the County Court?
District Judges or Circuit Judges.
Are juries ever used in County Court cases?
Rarely — a jury of 8 may be used in cases like defamation, malicious prosecution, or false imprisonment.
How many High Courts are there?
One High Court, with 26 centres around the country where judges sit.
What types of civil cases can the High Court hear?
Any civil case, but mainly those over £25,000 or those that are very complex.
Why are High Court cases expensive?
Because of high legal fees, court costs, and long delays.
What is the average wait time for a High Court trial after a claim is issued?
About 3 years.
How much can it cost to issue a claim in the High Court?
Up to £1,000.
What was introduced in 2005 to help manage High Court costs?
Hourly trial fees.
What are the three divisions of the High Court?
King’s Bench Division (QBD), Chancery Division, Family Division.
What kinds of cases does the King’s Bench Division handle?
Contract and tort cases involving more than £100,000.
Who usually hears QBD cases?
A single judge.
When can a jury of 12 be used in the QBD?
In cases involving fraud, libel, slander, malicious prosecution, or false imprisonment.
What is the Administrative Court (part of the QBD) responsible for?
Supervising the legality of actions by national/local government, lower courts, tribunals, and public bodies — through judicial review.
What does the Chancery Division mainly deal with?
Insolvency, mortgages, trusts, copyright, patent, intellectual property, probate.
What is the special court within the Chancery Division called?
The Companies Court.
What does the Companies Court deal with?
Mainly winding up (closing down) companies.
Are juries used in the Chancery Division?
No, cases are always heard by a single judge.
What types of cases does the Family Division hear?
Family cases involving international disputes over which country’s laws apply, cases under the Hague Convention, other family matters that can also be heard in the Family Court.
