Civil courts and appeals

• ADR


  Alternative Dispute Resolution
• When an individual or business believes their rights have been infringed


  They may take civil court action
• David and Victoria's hotel experience

  • Bathroom infested with cockroaches
  • View from bedroom window was a building site
• David and Victoria's hotel experience

  They are likely to seek compensation from the company they booked the holiday with
• Civil cases


  Court is a last option
• Going to court


  • Expensive
  • Time-consuming
  • Stressful
• Negotiation


  Usually takes place before court action is considered
• Alternative Dispute Resolution (ADR)


  Form of negotiation before court action
• Main civil courts


  • County Court
  • High Court
• Claimant must start by

  1. Filling in an N1 form

  2. Completing an allocation questionnaire
• Track


  Decides where the case will be heard
• County Court


  • Around 200 in UK
  • Hears small, fast and multi-track cases
  • Small claims heard by district judges
  • Fast/multi-track claims heard by circuit judges
• High Court


  • Only hears multi-track cases
  • Based in London
  • Has judges sitting in 26 towns and cities in UK
  • Split into three divisions: King's Bench, Chancery, Family
• King's Bench Division


  • Biggest division
  • Deals with contract and tort cases
  • Cases normally tried by single judge, but juries used for libel and slander
  • Has an Administrative Court that supervises lawfulness of government conduct
• Chancery Division


  • Deals with disputes relating to business, property, land, trusts, intellectual property, probate
• Family Division


  • Hears matrimonial matters, cases under Children Act 1989, forced marriage, female genital mutilation
  • Most family matters now dealt with by separate Family Court
• Categories of criminal offence

  • Summary
  • Triable either way
  • Indictable
• Tracking system


  Cases assigned to small claims, fast or multi-track
• Small Claims Track


  • Claims up to £10,000 (or £1,000 for personal injury and landlord/tenant)
  • Heard in County Court by district judge
  • Parties encouraged to represent themselves
  • Lawyers' fees not recoverable even if you win
  • Legal aid not available
• Fast Track Cases


  • Claims £10,000 to £25,000 (or over £1,000 for personal injury and landlord/tenant)
  • Heard in County Court by district or circuit judge
  • Must stick to strict timetable
  • Usually heard within 30 weeks
  • Strict 1 day trial time limit
• Multi-Track Cases


  • Claims over £25,000 (or less if complex law)
  • Usually start in County Court before circuit judge
  • Can be sent to High Court if complex points of law or claim over £50,000
  • Judge manages case and sets strict timetable
• The tracking system was introduced after the recommendations made in the Woolf Report
• Legal aid to pay for a lawyer is not available on the small claims track
• District judges should help parties as much as possible on the small claims track
• Fast track cases must stick to a strict timetable and are usually heard within 30 weeks
• Multi-track cases can be sent to the High Court if the case involves complex points of law or the claim is over £50,000
• The judge will manage multi-track cases and will set a strict timetable including what must be disclosed, how many witnesses will be used and the trial time
• The Woolf Report introduced the tracking system
• The tracking system applies just to multi-track cases
• N1 form


  Form used in the County Court
• County Court


  Lowest civil court
• High Court


  Highest civil court
• King's Bench Division

  Division of the High Court
• Small claims track


  Cases heard by a district judge in the County Court
• Lawyers


  Represent clients in civil courts
• Fast track


  Cases heard by a district judge in the County Court
• County Court


  Around 200 in the UK
• Multi-track


  Cases heard only in the High Court
• One day


  Duration of some cases
• County Court


  • Lowest civil court
  • Fast track cases heard by district judge
  • Small claims are heard by district judge
  • Around 200 in UK