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Flashcards in Civil Courts Deck (36)
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1
Q

Define civil claims

A

Claims made in the civil courts when an individual or a business believes that their rights have been infringed in some way

2
Q

What two courts are civil cases tried in

A

County or high

3
Q

How many county courts roughly are there

A

200

4
Q

What kind of cases can they try

A

Nearly all civil cases, with main areas being:
• all contract and tort claims
• all cases for land recovery
•disputes over equitable matters such as trusts up to value of £350,000

5
Q

Who hears county court cases

A

A circuit or district judge

6
Q

Does civil court sit with a jury

A

Very rarely however a Jude could sit with a jury of eight. Only really occurs in defamination cases, tiers of malicious prosecution or false imprisonments

7
Q

Where is the high court based

A

In London but various judges sitting throughout England and Wales.

8
Q

What does the high court have power to hear

A

Any civil case and has three divisions: queens bench, chancery and family

9
Q

What’s the biggest high court division

A

Queens bench who deals with contract and tort cases where amount claimed is £100k plus but can heater smaller cases when important point of law. Usually heard by single judge but right to a jury if the case is for fraud, libel, slander, malicious prosecution and false imprisonment. Specialist courts in QB include commercial court, admiralty court dealing with matters related to shipping.

10
Q

What’s the main business of the chancery division

A
Insolvency 
Mortgage enforcement 
Trust property disputes 
Copyrights and patents
Intellectual property matters 
Contested probate actions 
Also special companies court in division which deals mainly with winding up companies. Heard br single Judge and never a jury
11
Q

What does the family division do

A

Heard cases disputing about which countries laws should apply and all international cases concerning family matters under Hague convention. Also hears cases that can be heard by family court. Heard by single judge and no juries.

12
Q

What did the Crime and Courts Act 2013 create

A

A separate family court which deals with the majority of the matters previously dealt by family divisions

13
Q

What are pre action protocols

A

Parties are encouraged to give information to each other and make an attempt at sorting the disputes out before court to prevent the need to go. If the parties don’t follow this and give required info to the other party then they could be found liable if claim made

14
Q

When would you use the small claims track

A

A claim for £10k or less

Personal injury claim for £1k or less

15
Q

When would you use the county court

A

Claim for £100k or less

Personal injury case claims for £50k or less

16
Q

When would you have the choice of using the high or county court

A

For a claim over £100k

Personal injury over £50k

17
Q

How do you issue a claim

A

County: go to one of the 100 courts
High: one of 20 district registries or main one in London.

Need to file an N1 claim form which will be explained how to be used. Claim then filed at court office and fee will be charged, anywhere from £35 for a claim of £500 to £10,000 for a claim of £200,000

18
Q

How can the defendant defend a claim

A

May admit claim and pay full amount
Disputes it and file an acknowledgment of service (N9 form) or defence to court in 14 days
If neither done, court can make an order enforcing payment and costs claimed.

19
Q

What are the three tracks

A

Small claims: disputes under £10k or £1k for p injury

Fast track: £10k-£25k straightforward disputes

Multi track: £25k+ or complex cases under this amount.
If necessary or on complex law point judge can allocate to higher track

20
Q

Where are small claims heard

A

Usually in private or ordinarily court. District judge can be flexible in way he hears case, will tack an active part in proceedings and make sure each party explains the important points. Encouraged to represent themselves and can’t claim legal fees from other side

21
Q

How are fast track cases heard

A

Court will set down strict timetable for pre trial matters, to prevent time wastage and reduce unnecessary costs. Aim is to be heard in 30 weeks but likely nearer 50. Usually hears by circuit judge and take place in open court with a more formal procedure than small claims. Hearing limited to max one day and number of expert witnesses restricted, usually one being allowed.

22
Q

How are multi track cases heard

A

Tried by a judge who also ‘manages’ case from moment allocated to multi track. Includes
Identifying issues early
Encourage ADR if appropriate
Deal with procedural steps with parties attending court
Fixes timetables by which different stages of case must be completed
This all aims at keeps costs of case low and get it done quickly

23
Q

When did the present system of civil justice start

A

1999 and based on reforms recommended by Lord Woolf

24
Q

What did Lord Woolf say the civil justice system should be

A
Just in results delivered 
Fair in the way it treats litigants
Offer appropriate procedures at reasonable cost
Deal with cases at reasonable speed 
Be understandable
25
Q

What did Lord Woolf find

A

Virtually none of the points were being achieved and criticised it for being ££, unequal, slow, complicated. Brought in 3 track system and judge responsiblity for case management. Led also to simplifying of documents and procedures and having a single set of rules governing proceedings in both High Court and County Court. Also wanted more use of technology (IT) and ADR.

26
Q

What was the positive effect of Woolf’s reforms

A

Culture of litigation changed for better, more co op between parties lawyers
Less delay between claim issuing and court hearing but not as great as hoped (ie wait if a year between fast or multi track claim filed and hearing)
More cases settling

27
Q

Negative effect/no changes from Woolf’s reforms?

A

ADR not used enough
Costs of cases increasing (ie costs in fast track higher than amount claimed)
Courts under resourced particular in It

28
Q

What further reforms have taken place since Woolf’s

A

Financial limits for small claims and fast track increased to keep claim costs down
CPR amended to emphasise justly dealt cases at proportionate cost. Winning party can only claim back costs proportional to claim

29
Q

When was the latest civil court review

A

Lord Briggs 2016

30
Q

What were the proposals put forward by Lord Briggs

A

• need to create online court for cases up to £25k to give effective access to justice without lawyer cost. 3 stages:

  1. ) largely automated online process for issue identification and documentary evidence
  2. ) conciliation and case management by case managers
  3. ) resolution by judge using on screen documents, telephone video or face to face meetings depending on case needs. Quick and low cost. Hopefully introduced by 2020

• out of hours private mediation service in county court

31
Q

Where can you appeal in a county court

A

Heard by district judge—> circuit judge in same court

Circuit—> high court judge

32
Q

Where are further appeals for civil cases allowed to go

A

Court of appeal but allowed in exceptional cases set out in s 55 if Access to Justice Act 1999:
Appeal would raise an important principle point or practice
Compelling reason

33
Q

Where do you appeal from a high court

A

CoA but may be a ‘leap frog’ appeal directly to SC, since 2015 a case that warrants this must involve an nationally important issue or raise issues of sufficient importance

34
Q

Can you appeal to the Supreme Court in civil cases without leapfrog

A

Yes but you must have SC or CoA permission

35
Q

Advantages of civil court

A
Fair with impartial judge 
Trial conducted by legal expert with decision made by a judge who is experienced and qualified lawyer 
Enforcement can be made
Appeal process 
Potential for legal aid but rare
36
Q

Disadvantage of civil court use

A

Cost
Delay
Complicated- PAP and other rules and procedures set out to be followed in Civil Procedure Rules
Uncertainty- no guarantee you’ll win