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34 Cards in this Set
- Front
- Back
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Pursuing legal advise?
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If the other party will not settle a claim then the party can obtain legal advice and get a solicitor to write to the other party - if this is not successful then ADR or court is the next option.
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Is court expensive?
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Yes very, if the party wins then they can claim expenses but if not they may lose out on money especially if it is a complex case that could take years to solve.
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Before filling out a claim form...
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The party must give all required info to the other party usually in a letter, they are given 3 months to reply with admitted or denial and give reasons
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Which court must be used?
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For claims under £25,000 it must be started in the county court If over £25,000 claimant can choose high or county court Personal Injury cases under £50,000 must be started in county court All defamation actions in high court |
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Issuing a claim?
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Claims through county court can be issued at any county court in the country High Court claim applications must be done through a District registry who will give notes on how to fill out however there is also a small fee ranging from £35 to £1,600 depending on scale of case. |
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Who is a claim dealt with by the defendant?
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They can admit the claim and pay - the case will end after this They can dispute the claim by sending a acknowledgement of service form to the court within 14 days If neither are done the claimant can ask the court to make an order in default |
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What are the three court tracks for a claim? who allocates a claim to a track? |
District judges 1) small claims track - disputes under £5,000 except personal injury, housing under £1.000 2) Fast track - straightforward disputes of £5,000 to £25,000 3) Multi-track - complex cases or over £25,000 |
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What is an allocation questionnaire?
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Asks claimant an defendant which track is most suitable and for details of the case - helps judge decide which track to put the claim on.
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Transfer of cases?
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For cases over £25,000 there may be a decision to transfer the case from the County Court to the High Court.
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What is the small claims procedure?
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Lawyers are discouraged an lawyer fees cant be claimed from losing party - Heard in private in an ordinary court - District Judges have an active part, asking questions and making sure both parties explain all their important points.
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Advantages of small claims?
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Cost of proceedings is very low If you lose you dont have to pay for the other persons lawyer people dont have to use lawyers procedure is quicker than most other cases District Judge helps parties to explain their case |
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Disadvantages of small claims?
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Legal funding is not available Businesses are likely to use a lawyer putting them at an advantage against claimant District Judges don't always help unrepresented claimants Don't always receive all money awarded |
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What are the main types of civil cases heard at county court?
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Contract/tort claims recovery of land cases divorce cases disputes over inheritance up to £30,000 |
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How are fast track cases dealt with?
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strict timetable for pre-trial matters case is heard within 30 weeks Heard by a district judge in open court Hearing is a max of one day with one expert witness - this speeds things up |
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How are multi-track cases dealt with?
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Likley to start in County Court but may be referred to the High Court Heard by a circuit judge who manages the case the whole way through and may ask parties to try ADR first. |
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What is the Queen's Bench Division of the High Court?
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Deals with contract/tort cases over £25,000 Deals with multi-track cases Tried by one judge and sometimes a jury Expensive and take a long time |
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What other functions does the QBD have?
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supervisory functions over inferior courts and other bodies with decision-making powers - carries out judicial review.
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What is the Chancery Division of the High court?
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Hears dispute cases concerned with insolvency for companies and individuals, the enforcement of mortgages and copyright etc. Heard by a single judge - never a jury |
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What is the Family Division of the High Court?
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Hears cases relating to family and children Heard by one judge - jury is never used |
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What were the Woolf reform recommendations
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extending small claims to £5,000 a fast-track for straightforward cases up to £10,000 multi-track for cases over £10,000 with capped costs encouraging ADR more use of information technology simplifying documents and procedures |
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What does overriding objective mean courts should try to do?
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ensure parties are on equal footing save expense, quicker and fairer cases allocate appropriate shares of court rescources deal with cases proportionate to: amount involved, importance and complexity of the case |
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What does 'active case management' by judges include?
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Idetifying issues at an early stage Deciding which issues need investigation Encouraging ADR Dealing with procedural steps without the parties attending court Giving directions so the trial is quick and efficient |
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What were the effects of the Woolf Reforms?
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More uniform and procedure across the UK Costs have increased Courts are under-rescourced No increase in ADR High rate of settlement |
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What do Divisional Courts do?
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Hear appeals from inferior courts and tribunals 2 - 3 judges from the particular division will sit together to hear the case. |
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What are the QB Divisional Court's Functions?
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Hears appeals by way of case stated from the magistrates court Has superivisory powers over inferior courts Hears applications from those who believe they are being unlawfully detained. |
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What is the function of the COA civil division?
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Hears appeals from: all three divisions of High Court, County Court for multi-track cases and Upper Tier Tribunal
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Is Permission to appeal always required?
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Not if a persons liberty is an issue. Must ahve permission to appeal to the Supreme Court. Appeald from high court must be certified by the Supreme Court and the trial judge. |
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Supreme Court hears appeals from?
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COA, Divisional Courts, High Court (rarely) Heard by the Justices of the Supreme Court in an uneven panel with a min of 3. |
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Normal routes of appeal from the County Court?
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For fast-tracks heard by DJ - appeal is heard by a circuit judge For fast-tracks heard by CJ - appeals head by a High Court judge For multi-tracks hear in County Court - appeals heard in COA |
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Appeals from small claims?
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Similar to fast-track cases the appeal is heard by the next judge up.
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Second appeals of small claims?
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In exceptional cases further appeal to COA is possible.
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Appeals from the high court...
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will generally go to COA but in very rare cases will be a 'leapfrog' appeals and will go to the Supreme Court.
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Further appeals from the COA?
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From a COA decision there is further appeal to the Supreme Court with the Supreme Court's permission If it includes an issue of EU law it will be referred to the European Court of Justice. |
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What are Tribunals?
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Wat for people to enforce their social rights -Tribunal is instead of court proceedings. First-Tier Tribunal - hears cases on first instance Upper Tribunals - hears appeals |
