The Civil Courts

    Cards (6)

    • What does the Country Court deal with?
      • Less complex cases - those of lower monetary value are heard by judges in the County Court
      • Deals with majority of tort and contract cases, as well as bankruptcy and insolvency
      • Cases heard by circuit judges (deal with most important cases) or district judges who work full time
      • Straightforward cases heard by deputy district judge or recorder who are part-time - they determine facts, decide points of law and decide liability
    • What does the High Court deal with?

      • Cases heard by single judge - they must determine the facts, decide points of law and decide liability
      • Judges in the civil courts also award remedies, such as damages and injunctions
      • Cases involving higher complexity or higher monetary value are heard in the High Court by a High Court judge or deputy High Court judge who are allocated to one of three divisions
    • What are the three divisions a High Court Judge can be allocated to?

      • King's Bench Division (KBD) - Largest division - deals with tort and contract cases that are not suitable for the County Court
      • Chancery Division - Judges sitting in the Chancery Division deal with cases involving land law, trusts, tax, inheritance and bankruptcy
      • Family Division - Hear complex divorce cases relating to money, poverty, children and adoption
    • How do Civil Judges allocate case to appropriate track?

      • This is done based on value of the claim and will help determine the court that the case will be tried in
      • Small track - £10k or less, Personal Injury £1k or less - County Court
      • Fast track - £10-£25k - County Court
      • Multi track - £25k-£50k - County Court
      • Multi track - £50k+ - High Court
    • How do Civil appeals work?

      • When the defendant believes decision of trial to be wrong - could be because of points of law, liability or remedies
      • Civil appeals are normally heard by a more senior judge in the hierarchy and not necessarily by a higher court e.g district judge-> circuit judge -> High Court Judge - further appeals are heard in the Court of Appeal (Civil Division) and be Justices of the UK Supreme Court
    • What values must Civil Judges have?

      • Be impartial and independent
      • Decide on the balance of probability - make sure more likely than not
      • To listen to witnesses and evaluate their credibility
      • Consider and evaluate other forms of evidence e.g reports or exhibits
      • Consider any defences
      • Listen to appeal from lower courts
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