the courts

• why do civil courts exist?

  Civil courts exist to resolve disputes between individuals or businesses, if the dispute cannot be settled in other ways.
• What are the cons of using civil court?

  Can be costly in terms of money

  Can be traumatic
• What is included in alternative dispute resolution?

  Any methods of resolving a dispute without using court, such as Informal negotiations.
• What are typical cases heards in county court?

  Negligence claims

  Tort based claims such as nuisance or trespassing

  Debt claims

  Housing claims

  Bankruptcy

  Insolvency matters

  Probate claims
• Where will claims be heard and by who?

  Claims will be heard in open court by a single judge, who is usually a circuit judge.
• what happens if the case is relatively straightforwards?

  It will be heard by a district judge, who will read the case papers before the hearing and can hear evidence and legal arguments in court.
• What does the judge

  decide at the end of the hearing?

  Liability (who wins)

  If there is any compensation, and what it is

  Any other remedy requested

  Who should be paying the costs of the case
• Who hears claims in high court?

  A single judge
• What are the three divisions that a judge in high court can be assigned to?

  King's:

  Bench

  Chancery

  Family

  The judge will only hear a case related to their assigned division
• At the end of a hearing in the high court, what does the judge decide?

  Liability (Who wins)

  Compensation, if any is payable and if there is any at all.

  Any other remedy requested

  Who pays the court costs.
• What are the specialist divisions of the Queen's Bench division?

  The administerative court, who hears applications for judicial review and for habeas corpus

  Case stated appeals in criminal cases decided at the magistrate court or crown court

  Circuit commerical courts
• What does the chancery division cover?

  Disputes relating to business, property or land where over £ 100,000 is in issue

  Disputes over trusts

  Contentious probate claims

  Disputes over partnership matters
• What are the specialist courts of the chancery division?


  Insolvency

  Companies list
• Why are cases in the family division normally done in private?

  The cases covered are normally private matters.
• What is covered under the jurisdiction of the Queen's family court?

  Cases where a child is to be made a ward of the court and cases relating to the welfare of children under the children act 1989.

  Appeals from lower courts such as family proceeding's court and complex family cases

  Cases with a foreign element such as international child abduction, forced marriage, female genital mutilation and where a divorce has taken place outside of england but the parties are disputing property situation within england.
• When is the county court used?

  if the claim is worth less than £ 100,000; in a personal injury claim, it should be worth less than £ 50,000 .
• When is the higher court typically used?

  If the claim is worth more than £ 100,000 or in a personal injury claim, more than £ 50,000
• When should a court claim be considered?

  It should be considered as a last resort, should a alternative form of dispute resolution fail or cannot be reached.
• When a claim is worth less than £ 100000 or less than £ 50000 in a personal injury claim, which court should be used?

  must be started in the county court
• When a claim is worth more than £ 100000 or more than £ 50000, which court should be used?

  Can be started in the county court, the high court should be used.
• what is the value of claim for fast track claims?

  Between £ 10000 and £ 25000
• What happens in a case that is in the fast track?

  A case allocated to this track will have a strict timetable set at a max of 30 weeks. Should the parties not follow the timetable, the case can be thrown out or judgement can be awarded in default.

  The hearing will be a maximum of one day in open court, with limited number of witnesses to be called; this type of case is usually heard by a circuit judge

  Each of the parties can be heard by a lawyer.
• What is the value of claim in a multi track case?

  Between £ 25000 and £ 50000
• What happens in a case which is multi tracked?

  The case is usually allocated to the county court.

  The hearing will take place before a Circuit Judge

  The case will be strictly case managed by the circuit judge, who sets a strict timetable, the disclosure of relevant documents, number of witnesses and how long the case will last.

  Should the case involve complex points of law or evidence, or if it involves more than £ 50000 in value then it can be passed to the High court.
• Why is it an advantage that qualified judges are used in the civil courts?

  The case will be presided over by a qualified judge, be it in the county or high court. Judges are experienced, qualifid lawyers who can dwal with complex legal matters. They will apply established rules of evidence and procedure to ensure that the case is dealt with fairly and without bias. When giving their decision on liability, the judge will provide reasoned opinions so that the parties can see how the decision has been reached.
• Why are reasoned judgements studied in the civil court?


  They are studied for the accuracy of the law used by the judge to reach a decision. Should there be any inaccuracies, there is a clear and structured appeal route. Appeals can also be made agaisnt the amount of compensation awarded.
• Why is it an advantage that judges allocate a defended case to a specific track early on in the case, in civil courts?

  This is to minimise delays. Both parties will know, in advance, the number of witnesses allowed and the length of a hearing.
• Why is it an advantage that in civil courts a judge will make a legalling binding and enforcable decision?

  This means that both parties will be guaranteed a resolution at the end of the hearing and that an enforcable remedy is guaranteed too.
• Why, in civil courts, is it a disadvantage that the loser pays the winner's costs?

  The costs of taking a case to court can be more than the sum claimed. This can be the case with a claim in the high court. there is a need for lawyers to be used in more complex cases whose time must be payed for.
• Why is the fact that there can be a considerable delay within the three track system a disadvantage in th civil courts?

  There is often a further delay in arranging a hearing date. Some complex cases may take several years to be resolved.
• Why is the fact that a claimant can only apply to their lawyer a no-win no-fee arrangement in personal injury claims a disadvantage in the civil courts?

  A lawyer will only agree to such agreements if a claim stands a high chance of success, therefore it is up to the lawyer's decision if the claim is viable. Therefore, if there is a low-chance of success, according to the lawyer, then the claimant must fund the claim from their own resources.
• Why is it an advantage that, in a civil court, the court system provides open justice?

  It provides transparency. As result, stopping individuals and businesses from hiding disputes and outcomes that the public should know about.
• Why, in the civil court, is it good that prescendence can be considered?

  Laywers can give informed advice to their clients, at an early stage, of the likely outcome. Thus, the client can then assess the strength of the case and whether it is worth pursuing. Presedence can also be quoted in court to support the argument.
• Why is it a disadvantage, in civil courts, that it is very difficult for an individual to take a case without a lawyer?

  It is due to the requirements of preaction protocols, the civil procedure rules and the formal nature of hearings. Failure to observe these rules can result in the claim being dismissed. There are more complex rules to be followed should there be an appeal.