Civil Process and ADR

• What is the civil justice system used for?

  To settle disputes between private individuals or organizations
• What is the person bringing the action in a civil case called?

  The claimant
• What is the person defending the action in a civil case known as?

  The defendant
• What standard of proof is required in a civil case?

  The balance of probabilities
• On whom does the burden to prove the case lie in a civil case?

  On the claimant
• What is a claimant normally seeking in a civil case?

  Some form of remedy
• How are civil cases typically resolved?

  Often settled out of court
• What are the two first instance civil courts?

  The county court and the High Court
• What does "first instance" mean in the context of civil courts?

  Litigation for civil cases is started
• Who proposed the reforms implemented in the mid-1990s that led to the categorization of civil cases into tracks?

  Lord Woolf
• What determines where a civil case will be tried and the process it will follow?

  The allocation of a particular track
• Up to what amount are cases heard in the small claims court?

  Up to £10,000
• What is the maximum claim amount for personal injury cases heard in the small claims court?

  £1,500
• What is the claim amount range for personal injuries arising from a road traffic accident that are heard in the small claims track?

  £1,000-£5,000
• What is the claim amount for housing cases heard in the small claims track?

  £1,000
• Where are fast track cases tried?

  In the county court
• What is the claim amount range for cases tried in the fast track?

  Between £10,000 and £25,000
• Where are multi-track cases tried?

  In either the county court or the High Court
• What is the claim amount for cases tried in the multi-track?

  Above £25,000
• Over what type of claims do county courts have jurisdiction?

  Claims under contract and tort
• What other types of cases do county courts have jurisdiction over?

  Cases for the recovery of land
• Up to what value do county courts have jurisdiction over disputes regarding partnerships, trusts, and inheritance?

  Up to a value of £30,000
• Which court deals with all civil cases not handled by the county court?

  The High Court
• How are cases in the High Court organized?

  According to case type
• How many separate courts or divisions is the High Court divided into?

  Three
• What is the basis of organization of cases heard in the divisions of the High Court?

  Case type
• What are the three divisions of the High Court?

  King's Bench, Family, and Chancery Division
• What is a divisional court?

  An appellate division of the High Court
• How many judges typically hear a first instance case in a High Court division?

  A single judge
• How many judges typically hear an appeal case in a divisional court?

  Three judges
• From which court do divisional courts hear appeals?

  From the county court
• Which additional courts can the King's Bench Divisional Court hear appeals from?

  Magistrates' Court and Crown Court
• What other proceedings does the King's Bench Divisional Court conduct?

  Judicial review proceedings
• What is the head of the Court of Appeal Civil Division called?

  The Master of the Rolls
• From which courts does the Court of Appeal (Civil Division) hear appeals?

  High Court, divisional courts, and county courts
• From which service does the Court of Appeal (Civil Division) hear appeals?

  From the Tribunal Service
• What is the minimum number of judges that usually sit in the Court of Appeal (Civil Division)?

  Three
• What is always needed for appeals to proceed to the Court of Appeal?

  'Leave to appeal' (permission)
• Which court did the Supreme Court replace as the top of the hierarchy of English courts?

  The House of Lords
• How many judges are there in the Supreme Court?

  12 judges