U1A: Civil Courts, Appeals

Question 1

What is the civil court structure?

Answer 1

-County Court -> High Court of Justice -> The Court of Appeal -> Supreme Court (House of Lords)

Question 2

What is the hierarchy of judges?

Answer 2

DISTRICT < CIRCUIT < HIGH COURT JUDGE

Question 3

Who are the County Courts served by and what is the exception to this?

Answer 3

-Served by Circuit + District Judges who hear cases and decide verdicts without a jury
(Exception= 8 people help in cases of defamation/minor tort)

Question 4

What cases can County Courts try?

Answer 4

-Can try almost all civil cases: including: contract, tort,land disputes

Question 5

Where do the two types of judges sit in County Courts?

Answer 5

-Circuit Judges= sit on right / District Judges= sit on left

Question 6

What are the three tracks of county courts?

Answer 6

-Small Claims Track/Procedure
-Fast Track
-Multi Track

Question 7

What are the claim boundaries for each track?

Answer 7

-Small Claims Track: claims under £10,000
-Fast Track: £10,000 - £25,000
-Multi Track: £25,000+ or cases that involve complex points of law and/or evidence

Question 8

What are the key features of the Small Claims Track?

Answer 8

-Cases = heard by a District Judge who use an interventionist approach
-Cases = dealt with in a informal way + usually heard in private (can be heard in open court)

-Use of solicitors = discouraged because the costs of legal representation CANNOT be recovered from losing side

Question 9

What does the Fast Track typically require?

Answer 9

-Requires process of ‘Pre-Trial Directions’
(timetable for the ongoing management of the case)
-One expert witness is allowed + if parties cannot agree on an expert, the court has the power to appoint one
-The expert’s evidence will be given in writing

Question 10

What is the maximum delay within the Fast Track between Directions and trial?

Answer 10

-Maximum delay = 30 weeks between the setting of Directions, and the trial date, but normally closer to 50 weeks

Question 11

What does the Multi-track typically feature?

Answer 11

-Typically= most complicated cases SO no restrictions on witnesses + court time that are present for fast track
-Each case = heard by a judge who will be expected to manage the case from the time that it is allocated to the multi-track route

Question 12

What is the Judge’s typical role within the Multi-Track?

Answer 12

Judge’s role includes:

-Identifying the issues at an early stage
-Encouraging ADR
-Dealing with any procedural steps
-Fixing timetables

Question 13

What is the High Court in the UK called?

Answer 13

-The Royal Courts of London

Question 14

What are the 3 divisions of the High Court?

Answer 14

1) Queen’s bench,
2) Chancery division,
3) Family division

Question 15

Who is the High Court served by?

Answer 15

-ONLY Circuit Judges

Question 16

What cases can the High Court hear?

Answer 16

-It has the power to hear any civil case

Question 17

What is the Queen/King’s Bench/ what does it deal with?

Answer 17

• Largest Division
  -Deals with large amounts of land + negligence

Question 18

What does the Chancery Division deal with?

Answer 18

-Financial + Company matters= bankruptcy, Selling Land

Question 19

What does the Family Division deal with?

Answer 19

-Divorce, Adoption Custody, Child Protection orders

Question 20

What are the disadvantages of using the court system? (7)

Answer 20

-Expensive
-Time-Consuming
-Undefinite Outcome
-Individual pays
-Stressful
-Not worth it if it is only for a small amount of money
-Loser has to pay court costs

Question 21

How are parties encouraged to avoid court?

Answer 21

-ADR eg Negotiation
-Strict rules to issue claim

Question 22

What is the protocol for both parties for issuing a claim + what happens if not followed?

Answer 22

-Before a claim is issued, parties = required to exchange information as a part of protocol

-IF NOT FOLLOWED by one of the parties they may be liable for costs when using the courts for a claim

Question 23

How do you know which court to use when issuing a claim?

Answer 23

-Depends on amount being claimed
-Different limits for personal injury and damage to property

Question 24

What are the amount range (claims) for each court?

Answer 24

-£100,000 or less for PROPERTY= County Court
-£50,000 or less for PERSONAL INJURY= County Court
-Higher = choice of High or County Court

Question 25

What are the Pre-Trial Procedures for the Claimaint?(4)

Answer 25

1) Begins when Claimant issues a Claim through an NI form 2) Claimant must pay a fee to issue the claim form, amount depends on the value + nature of claim. 3) When defendant is served with court proceedings, he has to indicate whether he accepts or intends to defend the claim. 4) Must be done within prescribed time limit

Question 26

What are the Pre-Trial Procedures for the Defendant? (3)

Answer 26

1) If defendant wishes to defend the claim= must serve a defence *within 28 days* of receiving the claim form. 2) Failure to serve a defence = claimant wins case by default. 3) If defendant admits the claim they can pay the full amount claimed, ending the case

Question 27

What are 4 advantages (+ explanations) of Civil Courts (County and High Court)?

Answer 27

1) Decision is final and binding: -Can be enforced 2) Legal expertise: -Judge has years of expertise and is well qualified 3) Consistency of decisions: -Process is fair, everyone is treated alike 4) Can be appealed: -Clear procedure for appeals -Usually can appeal against a decision

Question 28

What are 4 advantages (+ explanation) of Civil Courts (County and High Court)?

Answer 28

(1) Expensive: -Costs are often more than the amount claimed -Can be hundreds of thousands of pounds (2) Delay: -Many cases are not finished for years -Long delays to even have case heard (3) Formal and adversarial: -Pre-action protocols must be followed. Court can feel intimidating (4) Public hearing: -Can mean bad publicity for companies

Question 29

What is an appeal?

Answer 29

-Where a party to the case feels there is a valid reason why the decision in that case is wrong

Question 30

What does a party do to appeal?

Answer 30

-They appeal the case to a *higher court in the heirarchy/ higher judge*

Question 31

How does a party know which court to appeal to?

Answer 31

-The *value* of the claim + the *level* of the judge who heard the case originally affect *which appeal route will be used*

Question 32

Who are appeals heard by?

Answer 32

-THREE judges -If *District Judge* heard the case in the County Court then appeal will be to a *Circuit Judge in the same court* -If original case was heard by a *Circuit Judge* then the appeal will be to a *High Court Judge*

Question 33

Where is a second appeal held?

Answer 33

-Second appeal = always be to the Court of Appeal (Civil Division)

Question 34

When is a second appeal allowed?

Answer 34

-Only in exceptional circumstances as set out in *s55 Access to Justice Act 1999*

Question 35

What is the quote for appeals in s55 Access to Justice Act 1999?

Answer 35

- 'No appeal...unless...'- a)The appeal would raise an *important point of principle or practice*, or b)There is some other *compelling reason* for the Court of Appeal to hear it.'

Question 36

What happens to further appeals from the High court?

Answer 36

-Can have a further appeal to the Supreme Court if they, or the Court of Appeal *give leave to appeal*

Question 37

What is a 'leap frog' appeal?

Answer 37

-Appeal straight from *High Court to Supreme Court*

Question 38

What must a leap-frog appeal involve?

Answer 38

Must involve: 1) A point of law of *general public importance* which is concerned with the *interpretation of a statute* OR: 2) Where there is a *binding precedent* on that point of law which ONLY the Supreme Court could *overrule* OR: 3) Raise issues of *sufficient importance* to warrant the leapfrog