Legal Systems of England and Wales - Court Structure, Hierarchy and Rights of Audience Flashcards
Summary offences
More minor offences and no right to a jury
Triable either way offences
Defendant can opt not to have a jury trial. Heard in Magistrates’ Court if no jury, otherwise in the Crown
Indicatable offences
Heard in Crown Court and with a jury
Permission to appeal
Must be sought from court that heard the case
Appeals to Supreme Court
Point of law of public importance AND Court of Appeal gave leave to appeal
County Court
Claimant not expected to receive more than £100k (or £50k in personal injury cases). Generally presided over by CJs or more senior DJs
Three tracks
Small claims, fast and multi
Small Claims Track (County Court)
Not more than £10,000 (or £1,000 in personal injury)
Fast Track (County Court)
Not more than £25,000 (or £10,000 in personal injury)
Multi Track (County Court & High Court dependent on amount)
Involving more than £25,000 or too complex for fast track. Proceedings may not be started in High Court unless total value of claim is more than £100,000. Claims for more than £100,000 can be started in County Court. For PI cases this is £50,000
Mediation
Mediator does not issue a ruling - better at maintaining relations
Arbitrator
Similar to mediation but the arbitrator makes a final order enforceable in the courts
Solicitors’ rights of audience
Automatic right of audience before Magistrates’ Court, County Court and Family Court