Civil Cases

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2 courts which hear civil cases

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High Court and County Court

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Court for cases with claims under £15,000 must start in the..

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County Court

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Restrictions laid down by the High Court and County Court Jurisdiction Order

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1. Personal injury cases for less than £50,000 must start in the County Court.
2. Defamation actions must be started in the High Court.

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Three divisions in High Court

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Queens Bench Division
The Chancery
Family Division

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Claim form called

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N1

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Various routes when defending a claim

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Defendant can admit the claim and pay full price or defendant can dispute the claim

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When the defendant disputes the claim he must

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Send an acknowledgement letter or has 14 days to send defence to the court

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If the defendant does nothing

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claimant can ask the court to pass a judgement ordering the defendant to pay the full amount

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Three tracks

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Small claims
Fast-track
Multi-track

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To decide which track a case goes on

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Allocation questionnaire

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Small claims track deals with claims up to

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£5000 and £1000 for personal injury

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Use of lawyers is discouraged in which track

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small claims track

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Advantages of small claims track

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low cost

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Advantages of small claims track

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If you lose you you don't have to pay others legal fees

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Advantages of small claims track

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Don't have to use lawyers

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Advantages of small claims track

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Quicker

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Advantages of small claims track

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District Judge helps

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Disadvantages of small claims track

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Allocation fee over £100 if claim is over £1000

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Disadvantages of small claims track

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Legal funding is inavailable

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Disadvantages of small claims track

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Where the other side is a business, they are likely to use a lawyer which could put the claimant at a disadvantage

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Disadvantages of small claims track

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Distric Judges not always very helpful to unrepresented claimants

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Disadvantages of small claims track

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If you win the case, it doesn't mean you will get your money from the defendant. only about 60% do

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County court handles cases about:

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Tort and contract claims

recovery of land

disputes over partnership, trust and inheritance up to £30,000

Plus divorce cases
and cases under the Race Relations Act

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What tracks can the county court hear?

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Small claims, fast-track and multi-track

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Claims between £5000 and £15000

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Fast-track

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Strict timetable case to be heard within 30 weeks

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Fast track

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Claims for more than £15,000

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Multi-track

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Circuit judge expected to manage the case

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Multi-track

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ACCESS TO JUSTICE

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1996

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Problems with civil cases

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Expensive
Big delays
Complex

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1999 reforms

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Encourage use of ADR

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1999 reforms

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simpler language

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1999 reforms

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Judges responsible for case management

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1999 reforms

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Strict timetables

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Appellate courts are

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Courts which hear appeals from lower courts

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Main appellate courts

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Divisional, Court of Appeal, House of Lords

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Most important divisional court

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QBD

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QBD two main functions:

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Hears appeals from criminal cases in the magistrates' court

Supervisory powers over inferior courts 'judicial review'

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Court of Appeal civil divison in headed by

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Master of the Rolls

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Court of Appeal hears appeals from

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3 divisions in hgh court
County court multitrack cases
Immigration appeal tribunal

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Can only appeal if

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they have permission

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Final court of appeal

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House of Lords

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House of Lords hears appeals from

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Court of Appeal
The divisional courts
High court (leap frog)

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Appeals in House of Lords are heard by

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Law Lords, usually 5 on a panel but 7 in some cases like PEPPER V HART

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Permission to appeal to the House of Lords is given by

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House of Lords or the lower court under the ADMINISTRATION OF JUSTICE ACT

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Leap frog cases are only granted permission to appeal if

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They're given permission by House of Lords and if they get a certificate of satisfaction by the trial judge.

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Leap frog cases will only be given permission if

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it involves a point of law of public importance which either involves the interpretation of a statute or where the judge is bound by a previous decision of the Court of Appeal or House of Lords.

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Appeal routes from County Court are set out under

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Civil Procedure Rules

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Fast-track cases heard by district judge the appeal is heard by

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Circuit Judge

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Fast-track cases heard by a circuit judge the appeal is heard by

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Hugh Court judge

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Final decisions in multi-track cases heard in the County Court, the right of appeal is to

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The court of Appeal

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Appeals from the small claims track have been made possible because of

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European Convention on Human Rights

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The appeal route for a small claims case is the same as

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Fast track appeals - next judge up

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High court appeal goes to

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Court of Appeal

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Leap frog appeal came be made under

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Administration of Justice Act

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Tribunals are for

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specific types of dispute