AS Law Civil Courts

Civil Courts Main points to learn: Jurisdiction of County Court Jurisdiction of High Court Routes of Appeal Appellate Courts

Going to court is the last resort Reasons for Negotiation: Courts are expensive - e.g. courts & lawyers fees A court case should be seen as a last resort Even if you win – other side may not be able to pay Complicated cases take time and cost a lot Less than 5% of all civil proceedings get to court hearing

The Civil Courts Magistrates’ Courts: have limited civil jurisdiction e.g. family proceedings and welfare of children County Courts The High Court Tribunals: deal with a wide range of civil disputes, including immigration, employment and social security

The Civil Court Structure Which Court to use if you do decide to bring a claim? Two main civil courts at first instance: the County Court and the High Court The court a case will be heard in will depend on the, subject matter on the case, the seriousness of the case and the amount of money involved

Activity 1 From the textbook write down: What happens before you start a court case How to issue a claim How to defend a claim

Allocation of cases Following the new Civil Procedure Rules, all cases will be allocated to three tracks depending on value of claim: Small claims track Fast track Multi track Judge in High or County Court decides which track to use with help of allocation questionnaire filled out by claimant and defendant, once the defence has been served

Summary: CPR, Part 26.6 High Court County Court Multi Track (over £25,000 if started in High Court and over £50,000) County Court Small Track (under £5,000 and Personal Injury and Housing Repairs under £1000) Fast Track (£5,000 -£25,000) Multi Track (over £25,000 or complex cases of lower value)

The County Court: jurisdiction The County Court can try nearly all civil cases such as: Contract claims (e.g. failure to pay agreed amount) Tort claims (personal injury through negligence) Land law cases Partnerships, trusts and inheritance disputes up to £30,000 Personal Injury up to £50,000 Some County Courts also have jurisdiction to hear: Divorce cases Bankruptcy cases Admiralty cases (normal limit £5,000 or £15,000 for salvage cases) Matters under Race Relations Act 1976 These cases can be small claims, fast track and multi-track Cases heard in open court, members of public can attend unless hearing on family matters or proceedings under the Children Act 1989 Cases heard by Circuit Judges or District Judges if case lower-value and in rare cases, jury of 8 may sit with the judge Claimants and defendants will usually be represented by a solicitor (or even a barrister) and the winner of a case may claim costs (EXPENSIVE!)

Small Claims Procedure For claims worth less than £5,000 Cases heard by District Judge  Quicker, cheaper and simpler than using the main County Court  Parties are encouraged to represent themselves to keep costs to a minimum

Activity 2 List the advantages and the disadvantages of small claims from the textbook

Fast Track Cases Cheaper and faster method of dealing with claims worth between £5,000 and £25,000 Cases tried either by District Judge or Circuit Judge depending on complexity Court sets a strict timetable for pre-trial matters Maximum delay of 30 weeks between directions and trial Hearing is limited to one day only and usually only one expert witness allowed Trail will be heard in an open court with more formal procedure than for small claims

Activity 3 From the textbook, explain why the idea of fast track was brought in and whether it has been successful

Multi-Track Cases For claims worth more than £25,000 and those that raise complex points of law Dealt with by Circuit Judge Judge will “direct” the case and can set timetables according to the needs of the case Trial lasts more than one day and maybe involve multiple witnesses Claims over £50,000 may be sent to High Court

The High Court Power to hear any civil case But concentrates on claims over £25,000, personal injury claims over £50,000 and any other multi-track claims Defamation actions must be started in the High Court Cases usually tried by a single judge Right to jury of 12 trial for fraud, libel, slander, malicious prosecution and false imprisonment Could be up to three years or longer between issuing claim form and trial Very expensive, as cases complex, last a long time and involve lawyers

High Court Divisions The High Court has three divisions, each hearing certain types of case: Queen’s Bench Division Contract and tort over £50,000 and some from £25,000 Includes Commercial Court, Admiralty Court and Technology and Construction Court and Judicial Review President is called Lord Chief Justice Chancery Division Insolvency, mortgages, trust property disputes, copyright and patents, intellectual property and probate disputes Head of Division is called the Chancellor of the High Court Family Division Children Act 1989 cases, and other family matters Head of Division is the President

Activity 4 Using the textbook: Complete the activities on page 23 of OCR Law for AS Produce a written list of the key reforms recommended by Lord Woolf In your own words, summarise the comments of Jacqueline Martin on page 24

Appellate Courts Appeal – is an application to a higher court to seek to overturn a judgment or order (or part of a judgment or order) of a lower court or tribunal The main appellate courts are: The Divisional Courts (of the High Court) The Court of Appeal (Civil Division) The Supreme Court

Divisional Courts Each division of High Court has a Divisional Court with power to hear from inferior courts and tribunals Most important is QB Divisional Court, it has two main functions: Hears criminal appeals by way of case stated from Magistrates’ Court Judicial review cases (looks at actions of inferior courts and tribunals and also at decisions of public bodies and Government Minister) Chancery Divisional Court: appeals on payments of tax from Tax Commissioners and bankruptcy cases appeals from County Courts Family Divisional Court: appeals from Magistrates’ courts on family matters

Court of Appeal (Civil Division) Mainly hears appeals from all three divisions of the High Court, the County Court (for multi-track cases) and some tribunals such as Land and Immigration Permission to appeal is required, either from the lower court where the decision was made or from the Court of Appeal Permission granted where a case would case a real prospect of success or there is another compelling reason Permission not required where liberty of individual is in issue e.g. appeal against committal to prison for breaking an injunction

House of Lords Used to be final court of appeal in our legal system Abolished to enhance independence of judiciary from government and parliament

The Supreme Court In October 2009, The Supreme Court replaced the Appellate Committee of the House of Lords as the highest court in the United Kingdom Consists of 12 Justices who are now separate from Government and Parliament The Court hears appeals on arguable points of law of the greatest public importance, for the whole of the United Kingdom in civil cases

Permission to appeal to Supreme Court The Supreme Court cannot consider a case unless a relevant order (permission) has been made in the Court of Appeal and it itself has also given permission to appeal Appeals to the Supreme Court are rare, as it is difficult to get permission to appeal Exceptionally, the Supreme Court may entertain a "leapfrog" appeal, that is, an appeal direct from the High Court

Appeals from the County Court and the High Court Appeal routes from County Court are governed by Part 52 of Civil Procedure Rules European Court of Justice Any English Court on point of European law under Art. 234 Treaty of Rome High Court Judge Court of Appeal (Civil Division) Circuit Judge Case heard by District Judge (fast track case) Case heard by Circuit Judge The Supreme Court Leapfrog appeal Point of law of general public importance; and Supreme Court gives permission to appeal Multi – track cases

Answers to Activity 1 What happens before you start a court case Negotiation Pre action protocol Exchange of letters How to issue a claim Form N1 + court fee How to defend a claim Admit and pay full amount Deny and dispute Acknowledgement of service (Form N9) or defence within 14 days of receiving claim; or Acknowledge claim in 14 days and serve defence in another 14 days If neither of this is done, claimant can ask court for money and costs (an order in default)