Civil courts

• Roles and jurisdiction of the county court??

  county court can try civil claims of up to £100,000 in value. cases heard include:

  • negligence claims- person suffers injury or loss as a result of the action or failure of another.
  • tort based claims such as nuisance or trespassing
  • debt claims and consumers which generally involve a breach of contract.
  • housing claims
  • individuals seeking compensation for injuries
• Judges in the county court??

  claims will be heard in open court by a single judge.

  • usually a circuit judge or recorder.
  • if case is off low value, it is heard by a district judge.
• Jurisdiction of the queens bench division court??

  • has jurisdiction to hear variety of cases including contract and tort claims over £100,000 in value and smaller claims where there is a complicated issue of law involves
  • specialist court within the queens bench division:

  The Administrative court which hears: applications for judicial review and applications for habeas corpus.

  • case stated appeals in criminal cases decided at the magistrates court or crown court.
• Jurisdiction of the chancery division?

  deals with:

  • disputes relating to business, property or land over £100,000 is in issue.
  • disputes over trust
  • contentious probate claims
  • disputes about partnership matters
• Jurisdiction of the family division?

  has jurisdiction over:

  • cases where a child is to be made a ward of the court and cases relating to the welfare of children under the children Act 1989
  • appeals from lower courts such as family proceedings courts, which are part of the magistrates court and complicated family cases transferred from the county court.
  • cases with a foreign element such as international child abduction and forced marriage._
  • disputes under hague convention. _
  • most family cases now dealt with in a separate family court under crime and courts act 2013
• the fast track?

  involves claims of no more than £100,000. The track establishes a strict t timetable for pre-trail matters to ensure there is no time waiting. it deals with higher-value claims in a more formal settings and held in open courts.

  • The hearing will be a maximum of one day in open court, with a limited number of witnesses called and usually heard by a Circuit Judge.
  • Each of the parties can be represented by a lawyer.
• The multi track?


  involves claims of more than £100,000 since it involves the most noney, it will be heard by a senior judge, thus making it the most formal out of all. it is urged that the judge has a "hands on" approach to its case management._

  - Usually allocated to the County Court. The hearing will take place before a Circuit Judge.

  -If the case involves complicated points of law or evidence, or it involves more than £50,000 in value, it can be passed up to the High Court.
• Small claims?


  An informal court proceeding for disputes over amounts of $5,000 or 4) « less, or $10,000 or less for individuals. the procedure allows the district judge to be flexible in the he or she hears the case.

  -The claim will be heard by a District Judge and lawyers are not encouraged.
• Appeals from the county court???

  • if the case was heard by a District Judge, then the appeal is to a Circuit Judge in the same County Court
  • if the case was heard by a Circuit Judge, then the appeal is to a High Court Judge.
  • An appeal can be made directly to the court of Appeal if the case raises an important point of principle and the court of appeal agrees to hear it.
• Appeals from the high court??

  • appeal usually goes to the Court of Appeal (Civil Division) leapfrog' appeal direct to the supreme court under the Administration of justice Act 1999.
  • 'leapfrog' only happens if their is an issue of national importance or raise issues of significant importance E.g statutory interperation or binding precedent
  • s55 access to justice Act 1999 - cannot make appeal to CoA unless the appeal would raise an important point of principle or practise or some other compelling reason for the CoA to hear it.
• Pre-action protocol??


  1. letter of claim - sets out why D’s at fault, nature of injury_
  2. D has 3 months to inestigate and admit liability or explain to C why liability is denied._
  3. parties agree on expert witness if required
• what is the aim of pre-action protocol??

  • to ensure that as many problems as possible can be resolved without the need for a court hearing.
• issuing a court claim if settlement cannot be reached. Courts used depends on the amount of compensation claimed.

  1. less than £10,000 or £1000 in a personal injury claims = started in small claims
  2. less than £100,000 or £50,000 in a personal injury claim = must start in county court
  3. more than £100,000 or more than £50,000 in a personal injury claim = can either start county court or more likely high court
• issuing a claim?


  • a claim form N1 has to be completed with the names and address of the parties, brief details of the reason for the claim and the amount of money being claimed. This form can be filed at:

  1. a county court office_
  2. the high court if it a high value claim
  3. online, for a debt claim
• Defending a claim: The court send, or serve, the claim on the defendant who then has a choice of actions:

  1 Admit the claim and pay the full amount to the claimant or the court. If this option is chosen, the case will end.

  2 Admit the claim and pay in instalments. If this option is accepted by the claimant, the case will end when the full amount has been paid.

  3 Dispute the claim and file a defence setting out why the claim should not be paid, either in full or part.

  4 File an Acknowledgement of Service confirming receipt of the claim form but asking for time to file a defence
• Appeal to the tracks?

  • appeals from the multi-track are made to the court of appeal and could be made Supreme Court
• Online courts?


  -the civil justice councils report in 2015 proposed the creation of HM online court to allow judges to decide disputes up to 25,000 in value online in order to address the problems of a costly, slow complex system.

  -also introduced the use of online facilitators to help parties resolve issues prior to using the court system.