THE CIVIL COURTS AND APPEALS PROCESS

• What is a claim?


  An action taken when a person feels their rights have been infringed
• What is compensation?

  The amount of money claimed to compensate damages or losses
• What are civil claims?

  Claims often between individuals, partnerships, companies and/or local or national Government departments
• What are some examples of civil claims?

  Negligence

  Contractual disputes

  Judicial review claims to local or national Government departments

  Landlord/tenant disputes
• Who are involved in civil disputes?

  Claimant and defendant
• How are civil claim proceedings initiated?

  The claimant issues a description o the claim to the civil court, as well as a court fee.

  The claim is then sent to the defendant for a response, usually in the form of a defence.
• What are Courts of First Instance?

  Civil courts that civil claims will be issued to.

  Examples are: the County Court and the High Court
• County Courts

  County courts hear the majority of civil cases.

  They also hear cases up to the value of £100,000.
• Give examples of cases dealt with by the County Court

  Negligence cases

  Nuisance

  Trespassing

  Debt

  Consumer disputes (breach of contract)

  Housing claims (eviction)

  Bankruptcy

  Insolvency

  Probate claims (wills + trusts)
• Which judges can hear cases in the county court?

  District judges and circuit judges.

  There is usually only a single judge.

  Some cases can be heard by a recorder.
• High Court

  A court of first instance that hears claims over a minimum of £15,000 and over £100,000
• What are the three divisions of the High Court?

  King’s Bench Division

  Chancery Division

  Family Division
• What do High Court judges do?

  Read case papers as well as hear evidence and legal arguments in court.

  They will also decide: who is liable; level of compensation; any other remedies; and who should pay costs.
• What cases does the King’s Bench Division deal with?

  Contract claims

  Tort claims

  Criminal appeals
• What cases does the Chancery Division deal with?

  Business, property and land cases over £100,000

  Trust disputes

  Proving of a will that can cause conflict

  Partnership disputes
• What cases does the Family Division deal with?

  Child welfare

  Complicated family affairs transferred from lower courts

  Divorce

  Foreign issues involving UK nationals (child abduction, forced marriage)
• What is the pre-trial procedure for a civil case?

  Parties give as much information to the courts before the trial

  Parties must attempt to undergo ADR

  If they have to go to court, a Form N1 must be completed
• What are the three difference types of civil claim tracks?

  Small claims track, fast track, and multi-track.
• What judge deals with small claims? What cases do they handle?

  District Judge

  Cases less than £10,000 + personal injury cases up to £1,000
• What judge handles the fast track? What cases do they handle?

  Circuit judge

  Cases between £10,000-£25,000
• What judge handles the multi-track? What cases do they handle?

  Circuit judge

  Cases over £25,000 and complex
• What takes place in an appeal hearing?

  Legal arguments as to why the original decision should be altered
• What can an appeal court do upon hearing an appeal?

  Agree with the original decision or reverse the appeal.

  Can also agree with or alter the original compensation amount.
• Where and who hears an appeal from a case heard in the small claims or fast track heard by a district judge when appealed?

  Heard by a circuit judge in county court
• Where or who hears a case heard in fast claims by a circuit judge when appealed?

  Heard in high court by a high court judge
• Where is a case appealed after being heard in the multi-track?

  Court of Appeal
• Advantages of Civil Courts:

  • Judge is impartial making the process fair
  • The trial is conducted by a legal professional
  • The appeal process pleases claimants who are displeased by an outcome
  • Outcomes are legally binding
• Disadvantages of Civil Courts:

  • Costs of taking a claim to court is higher than what is being claimed
  • There are many stages to go through, making a case lengthy
  • The process is complicated due to the compulsory steps in the pre-trial procedure
  • Uncertainty, there is no guarantee in winning a case