county court and high courts Flashcards
jurisdictions pre trial procedures and the 3 tracks (21 cards)
what is the jurisdiction of the county court
civil cases
what cases does the county court deal with
civil including personal injury,debt recovery,breach of contract, negligence.
what judges make up the county court?
district and circuit
what is a district judge
handle lower value less complex cases
sit alone w no jury
what is a circuit judge
deal with more complex higher value cases
sit alone w no jury
what the tracks?
small claims
fast track
intermediate
multi track
what is the small claims judge, court, claim value and procedure
district judge, county court, under £10,000 and £1,000 for PI.
Procedure is informal, there is no legal cost recovery and it encourages self representation.
what is the fast track judge, court, claim value and procedure?
circuit judge, county court, £10,000-£25,000
procedure structured with fixed rules
what is the intermediate track judge, court, claim value and procedure?
circuit judge or district dependent on complexity of case, county court, £25,000-£100,000.
Procedure stricter than fast track more flexible than multi.
what is the multi track judge, court, claim and procedure?
circuit judge in county court high court judge in high court. county or high court, high court for complex cases. over £25,000.
Procedure is judge controlled
what are the high court divisions
KBD kings bench division, Chancery division, Family division.
what is KBD for
contract and tort cases
what is the Chancery division for
equity, trust, probate,land, and business law.
what is Family division for
complex family matters
what is high court used for
Claims over £100,000 or £50,000 for PI.
Complex/High value cases
Judges are high court judges.
First step of pre trial procedure
Letter of claim sent by the C outlining the claim
Second step of pre trial procedure
Response D must reply within a set time most times 14-21 days
Third step of pre trial procedure
Disclosure exchange of relevant documents
Fourth step of pre trial procedure
Negotiation parties are encouraged to try ADR.
Fifth step of pre trial procedure
Compliance failure to follow the protocal can lead to penalties in costs later
importance of pre action protocals
they promote early settlement
reduce court congestion
encourage cooporation
save costs
ensure fairness