10: Civil Courts and Processes

Created by

Davina M

Cards (17)

Two Civil Courts:
County Court: Circuit/District Judge
High Court: High Court Judge
In 1996, The Access to Justice Report was published by Lord Woolf and was critical of the civil justice system
Issues with civil courts before 1999
Cost - cost of bringing an action outweighed the amount claimed (40%) ('The most expensive cases were medical negligence, £38,000)
Delay - the time between a trial and a claim was 3 years (county) and 5 years (high court), meaning delayed compensation, more stress and witnesses may forget
Complexity - There were two sets of civil procedures (e.g high court = white book, county = green book) and different procedures starting a case that judges had to learn, causing confusion
Injustice - unfair for the claimant
Lord Woolf's regulations are implemented in the Civil Procedures Rules 1998
Overriding Objective - deals with cases justly
Ensure parties are on equal footing (fair chance)
Saving expenses
Dealing with cases expeditiously and fairly (prevents aggression tactics, dealt with quickly)
Lord Woolf: Civil justice system should be:
Just in results
Reasonable in costs
Easy to understand
Effective and organised
Quickly dealt
Fair
Judge Role is more active:
Encourages parties to cooperate
Prioritises issues
Encourages ADR
Decides which issues need full investigation and which can be dealt quickly (Judges can issue Pre-Action Protocals = rules that parties must follow before trial, and failure to adhere may put them at a disadvantage/penalised)
Track System = methods of dealing with cases depending on its financial claim/complexity
Track System: 1) Small Claim Track
Up to £10,000
Heard in county court
No requirement for evidence
No longer than 1 hour
Legal representatives discouraged
Track System: 2) Fast Track
£10,000 - £25,000
Heard in county court
Parties encouraged to use 1 expert witness
Strict 30-week timetable that trials are dealt within
Hearings last 1 day
Fixed costs are awarded following PAP of chosen law
Track System: 3) Multi-Track
Above £25,000
Heard in high court or county court
Judges set a reasonable timetable for the exchange of evidence and the trial date (can be penalised in evidence is not handed in by deadline)
Expert witnesses allowed
Trial varied from 1 day to a few weeks
Claim form:
All claims begin with a claim form summarising the nature of what the claimant is seeking for
is served to the defendant (date received marks start of legal action)
Claimant can send 'particulars of claim form' (more detail of the claim) alongside claim form within 14 days of sending claim form
Claim form is accompanied with a response pack containing: acknowledgement of service, form of admission, form of defence and counterclaim
Defendations action choices after receiving claim form:
Admits and pays in full
Files an acknowledgement of service (acknowledges service and gives more time to come with a defence, 14 days think, then 14 days to file)
File a defence (14 days if acknowledgement of service is served within 28 days)
File a defence and counterclaim (14 days)
Appeal from County Court
Heard by district judge -> Circuit judge in county court appeals
Heard by circuit judge -> High court judge appeals
Appeals from High Court:
Leapfrog Appeal: High Court -> Supreme Court
Happens in cases of high public importance
R Miller V Secretary of State 2017
Advantages: Using courts to resolve disputes
Unbiased decision due to organised procedures
Alternative courts - gives way for claimant to appeal if unhappy
Trial conducted by a legal expert with an experienced, qualified lawyer as a judge
Clear outcome due to following organised procedures
Disadvantages: Using courts to resolve disputes
High cost goes against overriding rule
Delays due to complexity
Time consuming if deadlines aren't met (against overriding rule)
Judges can make mistakes if case is too complex
Lack of privacy
Damages relationships (ADR can prevent this)