Civil courts (paper 1 part a) Flashcards
civil disputes are normally between…
individuals, companies, and local or natural government department
disputes are between…
claimant and defendant
burden of proof ( civil ) is on
claiment
standard of proof ( civil) is
balance of probability
civil court structure
county > QBD, chancery, family > high > COA > supreme
pre-trail procedure
C may be advised to use the Ministry of Justice’s Money Claim Online. C will be required to complete N1 form (setting out the particulars of the case), and allocation questionnaire. Depending on the complexity of the case a ‘track’ will be allocated
three track system
Created by Lord Woolf (1996)to allocate civil cases quickly on the value of the claims- set out specific criteria for each track. The system is regulated by Civil Procedure Act 1997 to ensure cases were dealt with swiftly.
small claims
Up to £10,000 damages and £1000 personal injury
Informal & quick way of settling
C’s are encouraged to represent themselves- cheaper
Simple cases which usually last 30 mins
Done by a district judge in County court
fast track
£10,000-£25,000 damages and over £1000 but less than £50,000 personal injury
Has a strict timetable management-governed by CPR
It’s possible to transfer a fast track to a multi-track
Formal but open ( follow civil procedure)
Moderately complex cases which may last 1 day
Done by a district judge in County court
multi-track
Over £25,000 damages and over £50,000 personal damages
Complex case which can take at most 72 days max( can go for years)
Can’t re-trail the case
Done by a circuit judge in either county or high court
High court- if the claim is over £100,000
Most formal type- judge has a more ‘hands-on’ approach
appeal happen if…
there was: an error in law, was an error in fact and was a procedural injustice
second or further appeals
stated in s55 Access to Justice Act 1999
a) appeal would raise important point of principle or practice
b) there’s other compelling reason for the COA to hear
