civil courts

• county court and high court are 2 trial courts for civil disputes
• most civil cases tried in county court
• complicated or expensive claims heard in high court
• pre trial procedure

  claim form

  served on the defendant

  allocation questionnaire

  trial
• claim form


  filled by C, must sign particulars of claim and statement of truth

  C has to pay court fee amount depending on amount claim is worth
• served on the defendant


  smaller claims posted to D by courts. larger claims served on D by court official who delivers it by hand
• served on the defendant


  D has 4 options

  settle - D pays full amount claimed, case is over

  ignore the claim - C can win claim by default if D doesn't reply within 14 days

  defend - D may file defence within 14 days of court

  counter claim - D may wish to make claim against C
• allocation questionnaire


  both C and D sent allocation questionnaire to help court decide which track case should be allocated to

  judge managing case allocates suitable track
• trial


  case heard at either high or county court depending on track case is allocated to

  judge listens to both sides and makes a decision on which party is successful

  losing party may be ordered to pay winners legal costs, compensation

  legal insurance to pay solicitor (success fee) cannot be claimed from losing party
• small claims track


  trials held in county court

  less formal

  district judge hears case with C and D, not necessary to have solicitor/barrister present

  hear cases worth up to £10,000 (up to £1000 for personal injury claims)

  form of arbitration rather than litigation
• fast track


  district judge hears cases in county court

  cases worth £10,000 and £25,000

  formal trial hear in courtroom, won't last more than a day

  trial date set within 30 weeks
• multi track


  cases worth more than £25,000

  allocated to either high or county court depending on amount claimed or complexity of law involved

  trial held at county court heard by circuit judge, high court heard by high court judge
• pro - track system, quicker trials
• pro/con - loser pays winners legal fees
• pro - appeal if unhappy with outcome
• con - expensive to take case to court, legal funding not always available
• con - can ruin parties relationships
• con - inequality of bargaining power (affording good lawyers etc)
• pro - qualified specialist judge hears cases
• pro - judges involved in correct allocation of cases
• con - can be delays in taking case to court
• con - no guaranteed win, some parties can't risk taking dispute to court
• pro - legally binding