civil process and appeals

• Jurisdiction


  The extent of the authority of a court or other institution to deal with legal matters
• Jurisdiction of County Court


  • Most civil claims up to £100,000 in value
  • Negligence claims, other tort-based claims (nuisance, trespass,...), debt claims, consumer disputes, housing claims, bankruptcy and insolvency matters, probate, wills, trust claims
  • Open court by a single judge, usually Circuit Judge but sometimes Recorders
  • If case is straightforward and relatively low value, can be heard by a District Judge
  • Judge will read the case papers before the hearing, can hear evidence and legal arguments in court
  • End of the Hearing, the judge decides: liability, compensation payable, remedy requested, who should pay the costs of the case
• Small Claims Track


  • Deals with claims of less than £10,000 (£1,000 personal injury) in an informal way
  • Heard by District Judge, lawyers discouraged, less argument, costs will not be awarded
• Jurisdiction of High Court


  • Claims heard in an open court by a single judge of the High Court
  • Judges assigned to one of the three Divisions (Chancery, Family, King's Bench)
  • Before and End of the Hearing same as County Court
• King's Bench Division


  • Largest of the 3 divisions
  • Wide variety of cases - contract & tort claims over £100,000 in value - smaller claims where there is a complicated issue of law involved
  • Specialist Courts of the KBD - Administrative Court & Circuit Commercial Courts
• Chancery Division


  • Jurisdiction for - disputes relating to : business, property or land where over £100,000 is in issue; trusts; probate and partnership matters
  • Specialist Courts - Insolvency and Companies List
• Family Division


  • Generally heard in private - sensitive matters
  • Jurisdiction for - welfare of children; appeal from lower courts in relation to family matters; complicated family cases transferred by County Court; case with a foreign element (child abduction,...)
• Civil Procedure Rules 1998


  • Simplification of Procedures (3 track system, simplification of language and forms)
  • Judicial Case Management (Judges are known as 'case managers')
  • Pre Action Protocols
  • Encouragement of ADR
• Civil process


  1. Pre Action Protocols (ADR, Part 36 Offer to Settle)

  2. Claim Form (N1)

  3. Defence (Admit Claim, Dispute Claim, Do nothing)

  4. Allocation Questionnaire (Small Claims, Multi-track, Fast track)

  5. Case Management Conference

  6. Pre-trial administration (disclosure, witness statement, expert evidence)

  7. Trial
• Pre-Action Protocols


  • Explain conduct and set out the steps before starting any court action
  • Ensure as many problems as possible are resolved without the need for a court hearing
• Which court to use

  • Depends on the amount of compensation claimed
  • Less than £10,000 (or £1000 in a personal injury claim) - can be started in Small Claims Court
  • Less than £100,000 (or £50,000 in a personal injury claim) - must be started in the County Court
  • More than £100,000 (or more than £50,000 in a personal injury claim) - Can be started in either the County Court or, more likely, in the High Court
• Issuing a claim


  1. Claim Form N1 to be completed

  2. Form can be filed at: County Court Office, High Court if high value claim, online for a debt claim

  3. Amount of fee (to the HM Courts and Tribunals Service) charged depends on amount being claimed
• Defending a claim


  1. Court send or serve claim on defendant who has choice of actions:

  2. Admit claim, pay full amount to claimant or court: the case will end

  3. Admit claim, pay in instalments. If accepted by claimant, the case will end when full amount paid

  4. File Acknowledgement of Service confirming receipt of claim, asking for time to file a defence

  5. Defendant fails to respond: claimant can apply for judgement in default - claim 'won', attempt can be made to enforce payment
• The three tracks


  • Small Claims Track - Less than £10,000 (or £1000 in personal injury cases) - District Judge, solicitors not encouraged, time allocated 2-3 hours, limited number of witnesses
  • Fast Track - £10,000–£25,000 - Circuit Judge, strict timetable set at a maximum of 30 weeks, if not respected claim be thrown out or judgement in default awarded; hearing: maximum of one day in open court, limited number of witnesses; parties can be represented by a lawyer
  • Multi-Track - £25,000–£50,000 - County Court, Circuit Judge, strictly case-managed by Circuit Judge, sets strict timetable; case complicated points of law or evidence or more than £50,000 can be passed up to High Court
• Appeals and appellate court


  1. One of the parties can appeal if dissatisfied with decision of trial judge of first instance about liability and/or amount of compensation awarded

  2. Appeal hearing consists of legal argument as to why original decision should be altered

  3. Appeal made to the next highest court of the hierarchy; heard by panel of three judges

  4. Rare for new evidence to be heard

  5. Appeal has to be made within 21 days of the original hearing

  6. Costs will increase as lawyers will be required to argue the reasons for appeal

  7. The appeal court can agree with the original decision or reverse it. Can agree with the original amount of compensation awarded or alter it
• Appeals from the County Court


  • If original decision made by District Judge, appeal will be heard by a single Circuit Judge of same court
  • If made by Circuit Judge, appeal can be made to High Court Judge of the Division is relevant to case
  • Appeal can be made directly to Court of Appeal if case raises important point of principle or practice and C. of A. agrees to hear it
• Appeals from the High Court


  • Heard by Court of Appeal (Civil Division)
  • Further appeal can be taken to Supreme Court, only if permission granted by Court of Appeal
  • Supreme Court highest court for hearing civil appeals, permission only given if point of law of general public importance involved. Panel of five Law Lords. Pepper v Hart
  • Leapfrog appeal made directly from High Court to Supreme Court if issue of national importance involved or case raises issues of sufficient importance to justify the leapfrog
• Advantages of courts


  • Clear process, time limits and procedure
  • Funding opportunities and availability
  • Precedent is available for lawyers to provide advice
  • Appeal structure and rules for courts
• Disadvantages of courts


  • Taking a claim through the court system is costly and process takes time and is complicated for claimants to understand
  • Once a court case starts, the aim is to win (as it is adversarial), and not to compromise
  • Judge may not be an expert in the technical details of the claim, whereas there would be experts on the tribunal panel