civil courts

• what are the 2 trial courts?

  County and high court
• What are the two appeal courts?

  Civil court of appeal, supreme court
• What is the jurisdiction of the county court?

  Cases up to £ 100,000 in value:

  Negligence

  occupier's liability

  Nuisance

  breach of contract

  Housing, landlord, tenant disputes

  Probate claims
• What is the small claims track?

  it is the track in the county court which is for claims worth less than £ 10,000. It's aim is to deal with low value claims in a quick, easy, and informal way- therefore lawyers are discouraged and a district judge
• how many judges hear a civil case?

  One judge
• what is the role of a judge in civil cases?

  They decide the outcome, read case papers, hear evidence, decide liability, impose a remedy, decide who pays the fees, who pays damages
• how many judges hear cases in the high court?

  One judge
• What is the role of a judge in high court cases?

  Read case files, hear evidence, decide verdicts
• what is the jurisdiction of the King's bench division?

  It deals with cases worth over £ 100,000. Contract and tort cases, smaller and more complex cases- e.g. personal injury claims worth over £ 50,000
• what is are the divisions within the KBD?

  The administrative court, Circuit commerical court
• What is dealt with in the administrative court in the KBD?

  Applications for judicial review, applications for habeus corpus, and appeals by way of case stated
• What is dealt with in the chancery division of the High court?

  Cases related to businesses, property, or land worth over £ 100,000, disputes over trusts, contententious probate claims, partnership disputes
• what is dealt with in the Family division of the high court?

  Cases dealing with the wardship of a child and welfare of a child under the childrens act 1989

  Cases where a child is a victim of FGM

  Cases where a child has been abducted internationally

  Divorce that has occured abroad, but disputing property in england

  Appeals from lower courts such as family proceedings courts, and complex family cases from the county court
• what is the order of pre-trial procedures?

  pre-trial protocol

  Court

  Making a claim

  Defending a claim

  Allocation to a track
• what is the characteristics of the small claims track?

  Claims worth up to £ 10,000, or in personal injury claims up to £ 1000- Heard by a district judge in the county court
• What are the characteristics of the fast track?

  It deals with claims worth up to £ 25000, heard by a circuit judge. Has a maximim of 30 weeks in duration, hearings last a day maximum in open court
• What is the characteristics of the multri track?

  Cases worth between £ 25,000 and £ 50,000. Heard by a circuit judge. Strict timetable, the judge will decide the disclosure of the relevant documents, the number of witnesses and how long the case lasts.
• What happens if a case in the multi track is worth more than £ 50,000 or has complex law or evidence?

  It is passed to the high court
• how many judges hear an appeal?

  3
• When would someone appeal?

  when a party is dissatisfied with the outcome of a case. Their arguement will incl legal arguments on why the decision should be changed- the appeal must be made within 21 days
• What are characteristics of appeals coming from the county court?

  Appeals involve moving up to the next most senior judge. Therefore if the trial took place before a District Judge the appeal would remain in the county court and be heard by a Circuit Judge. The appeal can be on the award or point of law. If the original case was heard by a Circuit Judge, the appeal would go to the High Court.
• What are characteristics of appeals from the high court?

  From the High Court an appeal can be made tothe Court of Appeal or in some cases straight tothe Supreme Court
• When are leapfrog manouvres allowed?

  If an interpretation of statute or precedent is needed
• What is needed for leapfrog manouvres?

  Leave- which is permission from the CA- as stated in the administration of justice act 1969
• what are the characteristics of appeals to the supreme court?

  The Supreme Court is the highest appeal court inthe UK. In order to appeal to the Supreme Courtpermission must be obtained. Permission(Leave) will only be granted if the case involves apoint of law of general public importance