Civil courts and other forms of dispute resolution - jurisdictions, pre-trial procedures, the three tracks (only Jurisdiction)

Question 1

County Court and High Court jurisdiction-
County Court:
Name the four things that the county court has jurisdiction to hear or has jurisdiction over

Answer 1

• Claims under contract and tort
• Cases for the recovery of land to any value
• Disputes over partnerships, trusts and inheritance up to a value of 30,000
• Divorce and bankruptcy matters and small claims, fast track and some multi track cases

Question 2

High court: background info
The high court has three divisions, each division deals with different matters. What are the three divisions of the high court

Answer 2

• Kings Bench Division (KBD)
• Chancery Division
• Family Division

Question 3

A first instance case in a high court division is heard by who

Answer 3

A single judge

Question 4

All cases not dealt with in the high court are dealt with where

Answer 4

The high court

Question 5

Where does the divisional courts hear appeals from

Answer 5

The county court

Question 6

Where does the KBD hear appeals from

Answer 6

• From the (criminal) Magistrates court
• Crown court
• As well as conducting judicial review proceedings

Question 7

Kings Bench Division jurisdiction:
What are the types of cases that the Kings Bench Division hears

Answer 7

• Contract and tort matters including:
  personal injury
  negligence
  Breach of contract
  Defamation
  Breach of the Human Rights Act 1998
  Libel, slander
  Non- payment of a debt, possession of land or property
• Hears applications for judicial review
• The KBD also includes the Commercial Court, Admiralty Court, Circuit Commercial Courts and the Technology and Construction Court

Question 8

When is a jury used in the KBD

Answer 8

In cases involving:
- Defamation
- False imprisonment
- Malicious prosecution
- Cases alleging fraud

Question 9

Chancery Division Jurisdiction:
What does the chancery division hear claims relating to

Answer 9

Hears claims relating to:
- Disputes relating to business or property
- Land disputes over trusts
- Probate
- Intellectual property claims
- Insolvency

Question 10

When is a jury used

Answer 10

Never lol

Question 11

Family Division jurisdiction:
What types of cases are heard by the family division

Answer 11

• Deals with family matters, for example matrimonial matters, Children Act 1989 cases
• Cases under the Child Abduction and Custody Act 1985
• Court of protection work and other family matters under the Family Law Act 1996
• Cases involving children e.g. Ward of court, international abduction, contested divorces

Question 12

When is a jury used

Answer 12

Never