Civil Courts + appeals

Question 1

Small claims

Answer 1

• up to £10,000
• PI up to £1000
• informal
• district judge
• lawyers discouraged
• less legal argument
• costs not awarded
• hearings 2-3 hrs max
• limited witnesses

Question 2

Fast track

Answer 2

• £10,000 - £25,000
• timetable - disclosure of documents + witness statements
• trial date in 30 weeks
• simple procedure for speed
• limit expert witnesses
• hearing max one day in open court
• each party can be represented by a lawyer

Question 3

Intermediate track

Answer 3

• £25,000 and £100,000
• monetary relief only where trial likely to last no longer than 3 days, no more than 2 experts per party giving oral evidence
• four bands of complexity that cases can be assigned to - aim to be quicker and cheaper - stricter case management, max of 15 stages
• simplified procedure

Question 4

Multi track

Answer 4

Over £25,000 if complicated or over £100,000
If over £100,000 - high court
Complex may have case management conference - strict timetable of document disclosure
Trial dates can be deferred
Examples of cases - human rights issues, aspestos lung disease, clinical negligence claims

Question 5

county court

Answer 5

• Try most civil cases of up to £100,000
• Over 300 in England and Wales
• Personal injury claims of up to £50,000
• Also hear
• negligence claims - PI or loss
• other tort based claims e.g nuisance + trespassing
• debt claims + consumer disputes e.g breach
• housing claims, landlord and tenancy issues
• bankruptcy issues
• claims heard mostly by Curcuity judge - if straight forward heard by district Judge
• Judge decides who is liable, if there is any compensation/remedy and who pays the costs

Question 6

High Court

Answer 6

e.g Royal Courts of Justice
* Heard by single High Court Judge in open court
* Split into 3 divisions - King’s Bench, Chancery, Family
* Judge decides who, if compensation/remedy and who pays cost
* Normally cases > £100,000 or over £50,000 if complicated

Question 7

Kings bench division

Answer 7

• largest division - hear wide range of cases
• Will hear cases not suitable for county court e.g most recent high profile - Johnny Depp Amber Heard
• Claims over £100,000 or claims with complicated issue of law
• Specialist courts - administrative court - application for judicial review, case stated appeals decided at Magistrates or Crown and Circuit commercial courts

Question 8

Chancery

Answer 8

• Disputes relating to business, property, or land - over £100,000
• Disputes over trusts
• Contentious probate claims
• Disputes over partnership matters

Question 9

Family division

Answer 9

• Often heard in private
• Welfare of children - made a ‘ward of the court’ - Children Act 1989
• Appeals from lower courts - complicated family issues
• Foreign element e.g international child abduction, forced marriage, FGM etc

Question 10

civil court appeals

Answer 10

• one party dissatisfied
• often based on legal argument
• often to next court in heirarchy - heard by panel of 3 judges
• rare for new evidence but need a reason for appeal (error of law, unfair procedure)
• appeal has to be made within 21 days of original hearing - costs increase
• appeal court can agree with original decision, reverse it or alter compensation

Question 11

leapfrogging

Answer 11

• appeal directly to supreme court
• must involve issue of national importance or raise issues of sufficient importance to warrant leapfrog appeal from the court of appeal to supreme court
• county court can leapfrog to court of appeal and high can leapfrog to supreme

Question 12

explain where appeals from each court go to

Answer 12

• district judge in county court -> circuit judge in county court
• circuit judge in county court -> need to be heard by high court - often Queens Bench Division
• high court -> court of appeal unless of national importance