Civil Courts

• County Court:

  Cases such as contract, tort.  Includes the small claims court.  Deals with fast and some multi track cases.
• High Court:


  KBD, Chancery, Family
• *KBD


  Cases such as contract and tort (personal injury, negligence), defamation. Includes a Commercial Court, Admiralty Court and Technology & Construction Court.  Hears cases of judicial review where a person is challenging the actions of the government (Miller v PM) and other public bodies such as the NHS.
• Chancery

  Cases involving business, intellectual property, insolvency and probate.
• Family

  Cases such as divorce, Children Act 1989, Child Abduction and Custody Act 1985.
• Three Track System

  Small claims, Fast, Intermediate, Multi
• Small Claims Track

  -Up to £10,000 (£1,000 PI).  District Judge. Less than a day hearing. Parties encouraged to represent themselves and each parties pay their own costs. Heard in the small claims court.
• Fast Track -

  £10,000 to £25,000. Circuit Judge. Main County Court trial of one day.  Must come to trial within 30 weeks.  Limited to one expert witness. 
• • Intermediate Track 


  Less complex cases between £25,000 and £100,00. Case to last no longer than three days.  Limited to two experts per party. Costs that can be recovered from the losing party will be fixed. (Fixed Recoverable Costs FRC)
• Multi Track-


  £25,000 plus. Can be in County Court with Circuit Judge or High Court with High Court Judge.  Judge sets the timetable and manages the trial.  Generally, over £100,000 will be heard in the High Court.
• Appeals:


  Grounds – error in fact or law or procedural unfairness.

  Routes: Small claims DJ goes to County Court Circuit Judge.  County Court Circuit Judge goes to High Court High Court Judge. High Court generally goes to the Court of Appeal with Lords Justices of Appeal (3) but can leapfrog to UKSC (PM v Miller). Court Appeal to UKSC with Justices of the Supreme Court (5, 7 or 11).  UKSC only heard cases of general public importance on a point of law.  Example – Platt v Isle of Wight – interpretation of the word ‘regularly.
• Advantages of the civil courts:

  fair, judges is independent and impartial, judge is a legal expert, decision is legally binding and a remedy is guaranteed, appeal is possible
• ·         Fair – 


  each party is treated the same.  The courts are organised with strict procedures and specific rules that both parties must follow such as disclosure of evidence before the trial. These rules bring clarity and certainty.
• ·         Judge is independent & impartial – 


  this means that the decision is not biased and at the end of the case the judge will give reasons for their decision based on the law.
• ·         Judge is a legal expert –

  and parties are usually represented by lawyers.  As the judge must follow precedent set-in earlier cases, the lawyers can advise their clients as to the likely outcome
• ·         Decision is legally binding, and a remedy is guaranteed –


  if the losing party fails to comply with the decision action can be taken to enforce the decision and means the damages are recoverable.
• ·         Appeal is possible – 


  a person can appeal the decision if they have legal grounds.  This may include appealing against the amount of compensation awarded.
• For intermediate track the FRC will give certainty in advance about the maximum amount a losing party will need to pay the winning party. The main intention behind these changes is to encourage early resolution
• Disadvantages of the civil court:

  cost, delays, complexity, uncertainty of outcome
• ·         Cost – 


  can be high and in some cases can outweigh the damages, especially in the High Court.  The costs include lawyers’ fees and court fees and witness reports and experts in court. There is almost no legal aid (help from the government to pay legal fees) available for civil cases which means the person having to find the money or represent themselves.
• ·         Delays –


  it can take over a year for cases to come to court which increases the cost and stress involved.
• ·         Complexity – 


  this might put off the person who is thinking of representing themselves.  As most defendants are legally represented it could put the unrepresented claimant at a disadvantage.
• ·         Uncertainty of outcome –


  although judges have to follow precedent from earlier cases, there is still the possibility that the case may be decided differently.