Chapter 1

• what is the highest value case that the county court can try?

  Cases valued up to £ 100000
• What types of claims are heard in the county court?

  Negligence claims

  Tort-based claims (eg nuisance or trespassing)

  Debt claims

  Breach of contract

  Housing claims (Possesion of residential and commercial properties)

  Landlord relating claims like eviction

  Bankruptcy

  Insolvency

  Probate claims

  Wills and trusts
• In the county court, what type of judge hears a case and how many?

  A single circuit judge hears the case.
• If the case is relatively straightforwards and of relatively low value, what type of judge can hear the case?

  A district judge
• What do judges do, before and during a hearing?

  before a hearing, they read case papers. During the hearing the judge will hear legal arguments and evidence.
• At the end of a hearing, what does the jduge decide?

  Liability

  Compensation

  Remedies requested

  Who pays the costs of the case.
• What value claims are heard in the small claims track of the county court?

  Claims up to £ 10,000. or £ 1000 in personal injury claims.
• What is different about claims heard in the small claims track of the county court?

  Cases are dealt with in an informal way. Cases are heard by a district judge and lawyers are discouraged. This means that the costs are not awarded because there is less legal argument.
• In the high court, how many judges are needed to hear a case?

  one.
• What are the three divisions that a high court judge can be assigned to?

  King's bench division

  King's chancery division

  King's family division
• In the end of a hearing in the high court, what is decided by the judge?

  Liability

  Compensation payable

  Remedies

  Who pays the costs
• What is the jurisdiction of the king's bench division?

  It is quite large; it can cover tort and contract claims worth more than £ 100000, or smaller value claims should there be a complicated issue of law involved.
• What is habeus corpus?

  Legal protection against unlawful detention.
• What are the specialist courts in the King'd bench division?

  Administrative court and the circuit commercial court.
• What is the jurisdiction of the administrative court?

  Applications for judicial review, and applications for habeus corpus. Case stated appeals in criminal cases that were decided at the magistrate or crown court
• What is the jurisdiction of the circuit commerical court?

  Commercial disputes.
• What is the jurisdiction of the King's chancery division?

  Disputes relating to business, property, or land.

  Disputes over trusts

  Contentious probate claims

  Disputes over partnership matters
• What are two of the specialist courts in the King's chancery divisin?


  Insolvency and Companies list
• Why are cases in the King's family division typically heard in private?

  Children are involved, their privacy must be protected.
• What is the jurisdiction of the king's family division?

  When a child is made to be a ward of the court (Under protection by the court)

  Cases relating to the welfare of children under the children act of 1989

  Appeals from lower family proceedings courts

  Complex family cases from the county court

  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 couple are disputing property within england.
• Why do appeals occur?

  Because one of the parties is dissatisfied with the decision of the trial judge regarding liabiltity and or the amount of compensation awarded.
• What do appeals consist of typically?

  legal arguements as to why the original decision should be altered
• How many judges hear an appeal, in which court?

  Normally three, in the next court up in the hierarchy.
• What is the main criteria for having an appeal?

  There must be a legal argument, and if possible new evidence though rare.
• How long must a appeal be made in?

  Within 21 days of the original hearing.
• Why do costs increase in an appeal?

  Legal fees, additional research, and court filing fees.
• What can court of appeal judges do to the original decision?

  Overturn, affirm, or modify.
• What are the two courts of appeal?

  The supreme court

  The court of appeal
• What is the general process for appeals in terms of moving to the next most senior judge?

  Appeals involve moving up to the next most senior judge
• What are the possible routes for an appeal from the High Court?

  One can go directly from the court the case originated in all the way to the supreme court, via a leap frog. Or the appeal can go in order of the courts
• when can a leapfrog occur?

  A leapfrog is allowed to the Supreme Court if aninterpretation of statute or precedent is needed.Leave is required for this.
• which legislation dictates what the process of a leapfrog in law?

  The administration of justice act of 1969
• What is the highest appeal court in the uk?

  Supreme court
• What condition is needed to gain leave to appeal a case?

  If the case involves a point of law or general public importance.
• In terms of costs, what is a drawback in the civil court?

  Very expensive, legal costs can exceed the amount claimed.
• What accesibility issue does the current court system pose?

  access to the courts is percieved as limited to the rich or to the poor it is even more difficult due to increased fees- even for commencing a claim in the county court.
• what are some challenges related to delays in civil court proceedings?

  delays can range from 12 months in the county court to three in the high court, and 19 months in the court of appeal
• What is a typical complication in the legal process in civil court cases ?

  Procedres are complex and parties will most likely need legal representation due to the formal nature of the process.
• What potential negative aspect is associated with the public nature of civil courts?

  The courts are open to the public and the press, which may be undesirable.
• What factor can influence the outcome in civil courts, why may it be a drawback?

  The judge may lack technical expertise, therefore the outome can often depend on who represents the better-prepaed case insetad on a clear understanding of the facts and evidence.