Civil Courts

• Jurisdiction = the right to hear legal cases.
• Less than 5% of civil cases end up going to court.
• Most cases are settled outside of court using some form of ADR - "the parties reached a settlement".
• No jury in civil cases - the judge decides
• It is also worth considering that in civil law, the courts are overwhelmed with cases. Because of this, there are strategies in place to try and reduce the workload of the courts. Helps reduce waiting times for hearings.
• Pre Trial Procedures:

  • If a claimant wants to pursue a claim through the Civil Courts, they must do one of the following
  • Complete a "Money Claim Online" form on the HM Courts and Tribunals Service website.
  • Complete a N1 Claim Form and submit it to the Courts.
• The court fees will then be set at this point.

  D who is being sued has 2 choices:

  1. Accept the claim and contract the claimant to pay in full or settle the issue outside of court.
  2. Dispute the claim within 14 days to take the case to court.
• The case then needs to be "allocated" to one of the four tracks.

  This is done using the Allocation Questionnaire.

  • Completed by both parties to help the District Judge or Master of the High Court to allocate the 'track' that the case will be allocated.
  • This depends on the value of the claim and the complexity of the case.
  • This decides where the case will be heard and what judge will hear it.
• In Civil Law the case is put on a "Track". This determines:

  • Which court case will be heard in?
  • Which type of judge will hear the case?
  • How much time case will be given?
• "Tracks":

  • Small Claims Track
  • Fast Track
  • Intermediate Track
  • Multi Track
• Small Claims Track:

  • Cases under £10000 (or under £1500 for personal injury or landlord/ tenant cases).
  • Heard in County Court by inquisitorial District Judge.
  • Strict time limits (30 minutes)
  • Limit to the number of witnesses
  • No legal representation needed
• Fast Track:

  • Cases between £10000 and £25000 (or over £1500 for personal injury or landlord/ tenant cases)
  • Heard in County Court by District Judge or Circuit Judge
  • Strict time limit of one day per case.
  • Limit to the number of witnesses.
  • Usually heard within 30 weeks of allocation.
• Intermediate Track:

  • This is a new track introduced in 2023.
  • Cases between £25000 and £100000 that are not complex so do not need to go into Multi Track.
  • Covers cases which are simple enough to be triable within 3 days and have 2 or fewer expert witnesses.
• Multi Track:

  • Cases over £100000
  • OR cases over £25000 but too complex to be resolved on the intermediate track, or dealing with human rights, police or harm to children.
  • Heard in County Court with a Circuit Judge
  • OR heard in High Court with High Court Judge if case if complex or worth over £50000 or in a particular specialist area dealt with by specialist courts in the High Court.
  • Judge actively manages the case - sets a timetable, states what needs to be disclosed, decides the number of witnesses and sets the trial time.
• The County Court:

  • Jurisdiction for contract, tort, recovery of land of any value; partnerships and trusts, inheritance up to £30000, divorce and bankruptcy matters.
  • Small claims track, fast track, intermediate track and some multi track cases can be heard here.
  • There are over 200 District Country Courts and the claim can be filed in whichever court the claimant prefers.
• The High Court:

  • Main court building is in London in the Royals Court of Justice.
  • However claim with High Court can be filed in any of the 20 District Registries around England and Wales.
  • 3 divisions of High Court, each dealing with different area of law:
  • King's Bench Division
  • Chancery Court
  • Family Court
• King's Bench Division:

  • Contract and tort matters mainly, over £50000 or very complex.
  • Personal injury, negligence, breach of contract, defamation, non-payment of a debt, possession of land or property.
  • Administrative Court deals with applications for judicial review and appeals By way of Case Stated from the criminal court.
• King's Bench Division:

  • Includes specialty courts like:
  • Commercial Court - trade, commerce, banking, insurance, finance
  • Admiralty Court - shipping and maritime disputes
  • Circuit Commercial Courts - business disputes which fall outside of Chancery Court
  • Technology and Construction Court - domestic and international disputes in technology, engineering and construction.
• Chancery Division:

  • Business and property related disputes
  • Competition laws, intellectual property laws, insolvency, trusts and probate, partnerships, professional negligence.
  • Courts include:
  • Intellectual Property Enterprise Court
  • Patents Court
  • Insolvency & Companies List
• Family Division:

  • Matrimonial matters, cases concerning the Children Act 1989, cases concerning the Child Abduction and Custody Act 1985
  • Force marriage and FGM
  • Court of Protection work and other matters under the Family Law Act 1996
  • International child abduction