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Dispute Resolution Hand > Intro > Flashcards

Intro Flashcards

(53 cards)

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1
Q

The main civil courts

A

Supreme Court, Court of Appeal, High Court, County Court

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2
Q

Courts of first Instance - claims and appeals can take place here.

A

County Court and High Court

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3
Q

Can only hear appeals

A

Supreme Court and Court of Appeal.

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4
Q

First step in deciding whether to commence proceedings in County Court or High Court

A

Check - does a specific enactment state to issue claim in High Court or County Court

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5
Q

PI claim less than £50,000

A

Issue in County Court

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6
Q

Non-PI claim worth £100,000 or less

A

Issue in County Court

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7
Q

if justified on grounds of value, complexity, public importance

A

issue in High Court

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8
Q

3 Divisions of the High Court

A

Chancery, King’s Bench, Family

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9
Q

Family Division deals with…

A

Matrimonial matters

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10
Q

King’s Bench Division (KBD)

A

General KBD list, Administrative Court, Planning Court, Commercial Court, Circuit Commercial Courts, Technology & Construction Court, Admiralty Court, Financial list.

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11
Q

KBD specialist courts

A

Commercial Court, Circuit Commercial Court, Technology & Construction Court, Admiralty Court.

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12
Q

General KBD list - KBD

A

claims for damages for PI, professional negligence, breach of contract, non-payment of debt etc …

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13
Q

Administrative Court - KBD

A

Administrative law - lawfulness of acts and omissions of the state, mainly judicial review.

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14
Q

Planning Court - KBD

A

planning permission, highways, rights of way, compulsory purchase orders.

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15
Q

Commercial Court - KBD

A

Complex cases regarding arbitration, aviation, banking & financial markets, fraud, insurance, shipping. Often international disputes.

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16
Q

Circuit Commercial Courts - KBD

A

Commercial work: commercial contracts, sale of goods, insurance, banking, professional negligence.

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17
Q

Technology & Construction Court - KBD

A

Construction, engineering, computers, software, environmental, public procurement.

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18
Q

Admiralty Court - KBD

A

Shipping maritime.

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19
Q

Chancery Division

A

Insolvency and Companies List, Revenue list, Competition list, Business list, Property trusts & probate list, Intellectual Property list, Financial list.

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20
Q

Insolvency and Companies list - Chancery division

A

Personal and corporate insolvency, unfair prejudice petitions, shareholder disputes, directors’ disqualification, applications under Companies Act 2006.

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21
Q

Revenue List - Chancery Division

A

Taxation where HMRC is a party.

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22
Q

Competition List - Chancery division.

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A

Competition law.

23
Q

Business list - Chancery division

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A

business structure, directors’ breach of duty, tort, breach of contract, pensions, financial services.

24
Q

Property, Trusts and Probate List - Chancery Division

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A

Landlord and tenant, administration of estates, execution of trusts, charities, probate.

25
Intellectual Property list - Chancery Division
Intellectual property like patents and registered designs.
26
Financial list - both KBD and Chancery division
Financial disputes of £50 million or more in value and requires particular judicial knowledge of financial markets.
27
Business and Property Courts
KBD specialist Courts and all of Chancery division.
28
Court of Appeal
Consists of criminal and civil divisions covering civil, family and criminal justice. Final court of appeal for the great majority of cases.
29
Supreme Court
Hears appeals on most significant cases. Permission to appeal to Supreme Court is required and will only be granted if of general public importance.
30
My Lord or My Lady
Justices of Supreme Court, Judges of Court of Appeal, High Court Judges.
31
Judge
High Court Masters
32
Your honour
Circuit Judges, Recorders
33
Judge
District Judges, Deputy District Judges.
34
Lord Chief Justice
The most senior member of the judiciary, represents the views of the judiciary of England and Wales to Parliament and Government and leads in relation to the welfare, training and guidance of the judiciary and the deployment of judges across England and Wales.
35
Master of the Rolls
President of the Civil Division of the Court of Appeal, a judge of the Court of Appeal, and second in judicial importance to the Lord Chief Justice.
36
President of the Family Division
Head of Family Justice, member of the Court of Appeal.
37
President of King's Bench Division
Head of the King's Bench Division, member of the Court of Appeal.
38
Chancellor of the High Court
Head of the Chancery Division, member of the Court of Appeal.
39
Solicitors can carry out advocacy in ...
Magistrates' Court, County Court, Tribunal and Upper Tribunal.
40
Higher Rights of Audience
Solicitors need higher rights of audience for advocacy in the High Courts.
41
Overriding objective
to enable court to deal with cases justly and at proportionate cost.
42
Vulnerable parties/witnesses
Court should take all proportionate measures to identify vulnerability and give directions/make appropriate measures to facilitate participation.
43
Practice Direction - use of Welsh language
Hearing in Wales can be entirely in the Welsh language on an ad hoc basis and without notice when all parties and witnesses consent at the time.
44
PD - Welsh
Where it is possible that Welsh may be used by any party or witness, the court must be informed so that arrangements can be made for the management and listing stages of the case in: 1. The directions questionnaire 2. The pre-trial checklist (listing questionnaire) 3. An interim hearing when the court is considering whether to give case management directions.
45
Where the Welsh language is to be used...
The court will ensure the case is before a Welsh speaking judge whenever practicable and in a court with translation facilities. Witnesses may be sworn in Welsh or English. Any document placed before the court may be in English or Welsh. If costs are incurred because a party has failed to comply with the PD, a costs order may be made against them.
46
Court fees
Paid to pursue a claim e.g. issuing claim, making an application, hearing fee.
47
Counsel's fees
Counsel paid to provide specialist advice and/or present an application or case in court.
48
Other costs
Travel costs for legal representatives, Land Registry fees etc.
49
General rule - costs
Unsuccessful party will be ordered to pay the costs of the successful party (CPR 44.2(2)).
50
Court takes into account...
Conduct of parties and whether a party has succeeded on all of its case or only part.
51
4 legal elements of cause of action
Duty, Breach, Causation and Loss
52
Burden of proof
generally falls on the party who asserts it.
53
Standard of proof
Balance of probabilities

Dispute Resolution Hand (11 decks)

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