ELS-The Civil Courts

Question 1

Name the 2 Civil Courts

Answer 1

County Court
High Court

Question 2

How many county courts are there across the country?

Answer 2

Over 200

Question 3

What other claims do county courts see?

Answer 3

Contract claims
Recovery of land cases
Equitable matters up to a value of £350,000

Question 4

Do judges in a county court sit with a jury?

Answer 4

No but in certain rare circumstances the judge will sit with a jury of 8

Question 5

What type of judges are county court claims heard by?

Answer 5

Circuit judge or District Judge

Question 6

3 Divisions of the High court

Answer 6

Queen’s Bench Division
Chancery Division
Family Division

Question 7

What type of cases does the Queen’s Bench Division see in the High Court?

Answer 7

Contract/tort cases where the amount involved is less than £100,000

Question 8

Who are Queen’s Bench Division cases seen by in the High Court?

Answer 8

Usually seen by a single judge though rarely there is also a jury.

Question 9

Give an example of a further sub-section of the Queen’s Bench Division.

Answer 9

The Admiralty Court which deal with shipping matters

Question 10

Who are Chancery Division cases seen by?

Answer 10

Judges only

Question 11

Who are family division cases seen by?

Answer 11

Judges only

Question 12

What aspects of the law does the Chancery Division deal with?

Answer 12

Insolvency
Mortgages
Trust property
Copyright
IP
Probate

Question 13

What has the Family Division been advanced to?

Answer 13

A separate Family Court created by The Crime and Courts Act 2013 which now deals with the work previously done by this Division

Question 14

Summarise the steps to starting a court case.

Answer 14

1. Pre-action protocol
2. Decision as to court
3. Issuing a claim
4. Defending a claim

Question 15

What is the pre-action protocols stage when starting a court case?

Answer 15

‘Protocols’ set out that parties give each other set information.
Failure to give information could lead to costs later on

Question 16

How does the C decide what court route to take?

Answer 16

Depends on how much money is involved

Question 17

How does the C issue a claim when starting a court case?

Answer 17

C will fill out a claim form (N1) and need to pay a fee to start the process. (Fee depends on the amount of money involved)

Question 18

What does the D do at the defending a claim stage?

Answer 18

When a D receives claim form, he can admit liability and pay compensation or dispute it.
If he disputes it, he must fill in N9.

Question 19

3 tracks

Answer 19

1. Small claims
2. Fast track
3. Multi-track

Question 20

Who is the choice of track made by in civil courts?

Answer 20

The District Judge in the County Court or the Master (a procedural judge) in the High Court

Question 21

What is the track decision based off of?

Answer 21

Information provided by the C and D in allocation questionnaires

Question 22

Between what amount of money is it eligible to choose the small claims track?

Answer 22

Disputes £10,000 or under.
£1000 for personal injury

Question 23

Between what amount of money is it eligible to choose the fast track?

Answer 23

Disputes concerning between £10,000 and £25,000

Question 24

Between what amount is it eligible to choose the multi-track route in the Civil courts?

Answer 24

Cases worth over £25,000 or complex cases worth less than this amount

Question 25

How are small claims track cases heard?

Answer 25

By a District Judge and often in private (I.e. not in a formal court)

Question 26

Who represents the parties on the small claims track?

Answer 26

Parties encouraged to represent themselves and cannot claim for the costs of a lawyer even if they win

Question 27

Why are strict timetables set out for pre-trial matters on the fast track route?

Answer 27

To ensure neither party wastes time.

Question 28

Within how many weeks do the Civil courts aim to see a case on the fast track route?

Answer 28

30 weeks

Question 29

Who are the cases seen by on the fast track route?

Answer 29

A District Judge in the county courts

Question 30

What are fast track route trials limited to?

Answer 30

One day with a limited number of expert witnesses allowed (usually 1)

Question 31

What do the judges who are allocated multi-track route oversee?

Answer 31

Matters even before trial, including encouraging ADR, fixing timetables etc.

Question 32

What can the C choose in the multi-track route for claims over £100,000 (or £50,000 for personal injury) ?

Answer 32

Whether to start in the county court or the High court

Question 33

Who was the current system introduced by and why?

Answer 33

Lord Woolf in 1999 who said the existing system was not fit-for-purpose

Question 34

Why is the current court system better?

Answer 34

Lawyers for the 2 parties cooperate more Delays have been (somewhat) reduced

Question 35

What problems remain with the current court system?

Answer 35

ADR not used enough Costs increased Still delays of at least a year in fast track and multi-track Limited IT systems

Question 36

Who made proposals for further reforms of the court system in 2016?

Answer 36

Lord Briggs

Question 37

What were Lord Briggs proposals to the court system in 2016?

Answer 37

1. Out-of-hours private mediation offered in County courts 2. An online court should be set up for claims of up to £25,000

Question 38

Appeal route starting from County Court case heard by a District Judge.

Answer 38

District Judge Circuit Judge Court of Appeal (Civil Division) Supreme Court

Question 39

Appeal route starting from County Court case heard by Circuit Judge.

Answer 39

Circuit Judge High court Judge Court of Appeal (Civil Division) Supreme Court

Question 40

Appeal route starting from High court

Answer 40

High court Court of Appeal (Civil Division) Supreme court

Question 41

What is the Leapfrog appeal in the High Court?

Answer 41

Starting from the High Court and going straight to the Supreme Court

Question 42

What does s55 of the Access to Justice Act 1999 for what 2 reasons will cases only be seen by the CoA?

Answer 42

1. The appeal raises an important point of principle 2. There is a compelling reason to do so

Question 43

Strengths of Civil Court

Answer 43

1. Lord Woolf reforms (inc 3 track system) have made it quicker 2. Impartial judge 3. Appeal system to ensure justice

Question 44

Weaknesses of Civil Court

Answer 44

1. Costs of using the Civil courts often larger than amounts involved 2. Delays