Court Structure, Hierarchy and Rights of Audience

Question 1

What are the two main courts in the civil system which deal with cases on first instance?

Answer 1

1. County Court
2. High Court

Question 2

What is the maximum award a claimant is likely to receive in the County Court?

Answer 2

£100,000

(or £50,000 for personal injury cases)

Question 3

Who usually presides over the County Court?

Answer 3

Circuit judges or more senior district judges

Question 4

What are the three sub-divisions of the County Court?

Answer 4

1. Small Claims Track
2. Fast Track
3. Multi- Track

Question 5

What is the max value of a claim assigned to the Small Claims Track?

Answer 5

No more than £10,000

(£1000 for personal injury cases)

Question 6

What is the max value of a claim assigned to the Fast Track?

Answer 6

No more than £25,000 (PI AND GENERAL)

Question 7

What is the min value of a claim assigned to the Multi-Track?

Answer 7

More than £25,000

(or under £25k if too complex for Fast Track)

Question 8

In what court must money claims up to £100,000 be started?

Answer 8

County Court

Question 9

In what court must money claims over £100,000 be started?

Answer 9

High Court OR County Court (former if significantly above 100k)

Question 10

In what court must personal injury claims over £50,000 be started?

Answer 10

High Court OR County Court (former if significantly above 50k)

Question 11

In what court must personal injury claims UNDER £50,000 be started?

Answer 11

County Court

Question 12

What does the High Court act as?

Answer 12

1. A civil court of first instance (for complex Multi-Track cases and for cases involving more than £100,000/ £50,000)
2. As an appellate court for lower value cases (as well as for criminal case appeals)

Question 13

What are judges in the High Court known as?

Answer 13

Justices of the High Court, Judges of the High Court or puisne judges.

Question 14

What are the divisions of the High Court?

Answer 14

1. Queen’s Bench
2. Chancery
3. Family

Question 15

Can claims be moved between the divisions of the High Court?

Answer 15

Yes, but movement may be denied where a claim highlights specialist points

Question 16

What claims does the Queen’s Bench of the High Court typically deal with?

Answer 16

Multi-track claims for all common civil law action

(over £100k (50k personal injury))

Question 17

What does the Administrative Court of the High Court deal with?

Answer 17

Applications for JR against decisions made by government on legal grounds

Question 18

What claims does the Chancery Division of the High Court typically deal with?

Answer 18

Land contracts, trusts and wills

Question 19

What does the Family Division of the High Court typically deal with?

Answer 19

Cases involving family proceedings e.g. complex divorce

Question 20

Can individuals with civil matters opt not to engage with the court system?

Answer 20

Yes, by engaging in ADR- alternative dispute resolution

Question 21

What is mediation?

Answer 21

Involves use of third party (mediator) to guide parties in dispute to resolve the situation themselves- mediation does not issue a ruling.

Helps maintain good relations

Question 22

What is arbitration?

Answer 22

Parties appoint a third party (arbitrator) to decide their dispute.

Arbitrator will make a ‘final order’ which is enforceable in the courts.

Could result in strained relations

Question 23

What is a negotiated settlement?

Answer 23

Does not involve use of a third party. Parties negotiate with each other to reach resolution outside of court.

Should be first consideration for solicitor

Question 24

Where do all criminal cases begin?

Answer 24

In the Magistrates’ Court

Question 25

What determines where a criminal case will ultimately be tried?

Answer 25

The severity of the case

Question 26

Where are less severe ‘summary’ cases (criminal) tried without a jury?

Answer 26

In the Magistrates’ Court (no jury in MC)

Question 27

Where are more severe ‘indictable cases’ tried? (criminal)

Answer 27

Crown Court

Question 28

Where are ‘either way’ offences tried? (criminal)

Answer 28

Magistrates’ Court (if defendant opts to be tried without a jury)

OR

Crown Court (with jury)

Question 29

What ‘professionals’ comprise the Magistrates’ Court?

Answer 29

Three ‘lay’ Magistrates (not legally qualified) OR
Full time district judges

Question 30

What is the maximum sentence that a Magistrates Court can impose?

Answer 30

1. 6 months for a single summary offence
2. 6 months for multiple summary offences
3. 6 months for a single indictable offence
4. 12 months for multiple indictable offences
5. Fine of unlimited amount

Question 31

Who presides over the Crown Court?

Answer 31

High Court judges or Circuit Judges

OR

Recorders (part-time private practice judges) for simpler cases

Question 32

Who comprises the jury?

Answer 32

A selection of people between 18-75 from the electoral register

Question 33

Is the jury usually vetted?

Answer 33

No- only in exceptional circumstances e.g. case involving terrorism

Question 34

In England and Wales, which courts do solicitors automatically have a right to appear in front of?

Answer 34

Before the lower courts- Magistrates’ Court, County Court and Family Courts

Question 35

Do solicitors have an automatic right to appear in front of the Crown Court, High Court or Supreme Court?

Answer 35

No- can gain right by completing advocacy assessment and applying for higher rights of audience with SRA

Question 36

Where should applications for child custody arrangements be started?

Answer 36

In the same court as the divorce proceedings