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8 Cards in this Set
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About 200 County Courts (CoC)- lowest civil court. Cases heard CJ/ DJ. Main cases tort & contract |
High Court based London but judges sitting several towns & cities. 3 divisions |
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QBD tort & contract one £100,000/ smaller claims important point of law. Heard single judge, can be jury for fraud/ defamation |
Chancery Division cases concerning insolvency, property, copyright, intellectual property and probate. Heard single judge. |
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Family division family cases where dispute which countries laws should apply. Much work now dealt with by family Court set up in 2011. Single judge. |
For appeal from CoC if case heard by DJ appeal- CJ in same court. If case heard CJ appeal- HC. Exceptional circumstances further appeal CoA (civil division) |
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Appeal HC- CoA. If issue national importance leapfrog may made to SC . Appeal can made from CoA- SC if permission given |
Pre-trial procedure radically reformed by Civil Procedure Rules 1999 following Lord Woolf's Access to Justice report. Previously system too slow costly and adversarial. |
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Usually parties try reach settlement out of court- ADR. Pre-action protocol followed- info & docs must be exchanged/ parties liable- certain costs if court case is started |
Case may be started CoC it amount <£100,000/ personal injury <£50,000. Sums greater C choose CoC/ HC |
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Claim issued C filing Claim Form (N1) @ court & paying court fee- depends size of claim. On receipt D can admit claim & pay full amount/ dispute by filing Acknowledgement of Service form/ Defence (Form N9) within 14 days. If does nothing C can get court order D pay full amount |
Judge allocate defended claim 1/3 tracks after allocation questionnaire completed- parties. |
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Small claims track for claims under £10,000/PI claim under £1000. DJ in CoC usually private encourage represent themselves. |
Fast track straightforward claim £10,000-£25,000. CJ in CoC usually open court strict procedural timetable set w/ aim case heard 30 weeks w/ 1 day trial. |
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Multi Track over £25,000/ complex claims under. Judge will case manage from start- finish including suggesting ADR and setting strict procedural timetable. Heard CoC/ HC but claim £50,000+ probably HC |
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