County, High: jurisdictions, pretrial procedures, 3 tracks

• What is civil law concerned with?

  The rights and duties of citizens in dealings with other citizens.
• Order of the Civil courts (highest to lowest):

  1. Supreme Court (12 judges, final appeal cases)
  2. Court of Appeal (civil division)
  3. High Court- split into 3 divisions: family (custody, divorce), Chancery (business law), King's Bench Division (appeals on a point of law)
  4. County Court
• The aim/ purpose of civil law is to resolve disputes, maintain fairness, restore situations and get your civil rights.
• Who starts the case?

  The individual/ company/ organisation
• The legal name for the person who starts the case is the claimant or sometimes plaintiff.
• The standard of proof is?

  On balance of probabilities
• Who decides the case result in a civil court?

  Judge
• The decision will be either liable or not liable
• What sort of liabilities can the civil court impose?

  Remedies such as compensation, a court order eg restraining order or prohibition orders
• The Crime and Courts Act 2013 created a single County Court and a single Family Court for England and Wales, to replace the many local county courts and where the family jurisdiction was divided between magistrates, the county courts and the High Court. The County court sits at almost 500 centres around England and Wales.
• Cases are heard by a single judge: a District judge, a Circuit judge or sometimes a Recorder.
• High Court- KBD

  • largest of three divisions with most varied jurisdiction
  • 71 High Court judges assigned to KBD
  • deals with 'common law' civil claims eg contract unless allocated to the chancery or claims of civil wrongs.
  • Contract dealings: failure to pay for good and service, claims for breaches in contract
  • Tort dealings: negligence, defamation, misuse of private information, wrongs against person eg assault or false imprisonment, wrongs against property eg trespassing
• High Court- Family Division

  • Deal with marriage: legality, Marriage Act 1949, the Marriage Act 2003 (same sex) which was enforced 2014
  • Divorce dealings: dissolved on grounds that marriage is irretrievably broken, financial remedies in divorce
  • Protection from domestic abuse and coercive, controlling behaviour
  • Child arrangements, protecting children, adoption, abduction, fertilisation, embryology, surrogacy, genital mutilation, forced marriage, inheritance
• High Court- Chancery Division

  • Deals with business, finance, competition, insolvency, companies, intellectual, property, probate, landownership, mortgages, wills and revenue
• Why was the track system introduced?

  Because according to the Civil Procedure Rules it states a claimants case should be dealt with quickly, fairly and cost-effectively.
• How many tracks are there and what are their names?

  There are 3 tracks: small, fast and multi track which are designed to deal with cases of different values and complexity.
• What happens before allocation to a track?

  Pre-action protocols must take place in different types of cases, before a claim comes to court there should be actions taken to rectify a situation. Evidence and a pre action investigation must take place.
• What form must the claimant fill in if they are ready to proceed with the claim?

  Form N1- a very simple form that isn't complicated to fill out
• What happens after the N1 form has been issued?

  Once the defendant responds the court serve questionnaires on all the parties and allocate a track. Normally this is done in accordance with the financial value of the case.
• Small Claims is a track for claims not exceeding £10,000 and is dealt with in the County Court. However in some cases claims less than £5000 might be allocated to a higher track:

  • personal injury where the value is £1000+
  • claims by residential tenants against landlords for harassment or unlawful eviction
  • claims requiring evidence from expert witnesses, because this isn't allowed for small claims
• Once a case is allocated to the small claims track what must the court inform each party to do?

  They must provide the other side copies of documents they intend to rely upon no later than 14 days before the hearing. They must bring the original documents to the hearing. The court also encourages parties to contact each other with a view of settling the claim or narrowing the issues.
• With small claims, what is a general rule for evidence?

  Expert evidence isn't allowed, either orally or as a report. If a party believes expert evidence is necessary a special direction is required.
• If both parties agree how can a small claim be determined?

  By a District Judge on the papers without a hearing.
• Features of a small claim hearing?

  • Informal
  • Dealt with in limited time (usually an hour)
  • Severe cost restrictions
• With small claims what is the rule about money?

  No costs will be ordered between the parties except:

  • Fixed costs related to issuing the claim
  • court fees
  • witness expenses reasonably incurred for travel and subsistence
  • loss of earning/leave up to £50 a day
  • expert fees if allowed (£200 per expert)
  • in cases for injunction/ specific performance- the cost of legal advice/ assistance up to £260
• Will costs be awarded for small claims?

  No costs are awarded for the winning parties legal representation.
• Why have these small claim rules been put in place?

  Accessibility and fairness. Makes it fair for claims regarding individuals v companies, stops them being discouraged from taking action. These individuals can get solicitors which the company can pay for if they win.
• Examples of claims suitable for the small claims track?

  Slipping on mopped floor, fence on own property, dogs barking
• Fast track deals with cases worth £10,000 up to £25,000 and they are still heard in the County Court. Most cases under this track are allocated under certain conditions, including that it most not last longer than a day and there's only 1 expert per party in a maximum of 2 areas. The court also sets a timetable for steps that must be taken pre-trial. The court gives directions to the parties but as it cannot be more than a day there's no opening speeches and witness statements will represent the most important evidence.
• At the end of the fast track hearing there's a cost assessment and trail costs are capped.
• In fast track trials what happens in the 8 weeks before trial?

  The parties must file pre-trial checklists at court. The hearing can be refunded in whole or part if the court is given a weeks notice before trial that the case has settled.
• In fast track cases, the judge will decide there and then how much the loser will have to pay towards the winners costs of the entire action.
• Multi-track deals with cases of £25,000+ which can heard in County Court or the High Court (generally if the case is £100,000+). These cases may involve large claims costing millions or simple disputes of value just over £25,000.
• Costs relative to claims:

  • £300 or less- £35
  • £1000 to £1500- £80
  • £10,000 to £200,000- 5% of claim
  • £200,000+- £10,000
• The Civil Procedures Act 1997 states civil procedures should be:

  • just in results delivered
  • fair in treatment of litigants
  • appropriate procedures at reasonable costs
  • dealt with reasonable speed
  • understandable to those using it
  • responsive to needs of those using it
  • provide certainty as much as nature of case allows
  • be effective- adequately resourced and organised
• How long does it typically take each track to get to court?

  Small- 3 to 9 months

  Fast- 12 months

  Multi- 1 to 2 years
• Does the system fulfil the requirements of The Civil Procedures Act 1997?


  It fails in some eg time it takes to get to court, reasonable cost, adequate resources (small claims). But it does achieve some of its intentions: just results, understandable to those who use it, provides certainty.