county court and high court

jurisdiction of the county court

can try most claims of up to 100,000 pounds in value typical cases heard in this court are

• negligence claims where a person has suffered injury or a loss as a result of the action or failure of another

• other tort based claims such as nuisance and negligence

• debt claims and consumer disputes which involve breach of contract

• housing claims including possession of residential and commercial properties and other landlord tenant matters

• bankruptcy

• probate claims and other claims in relation to wills and trusts

who hears claims

heard in an open court by a circuit judge however can be heard by a recorder or if straight forward a district judge

at the end of a trial the judge will decide

• liability

• the compensation paid if any

• or any other remedy requested such as an eviction notice

• and who should pay the costs of the case

what legal track does the county court use

the small claims track is apart of the county court and deals with claims of less than 10k and 1k in personal injury claims

these cases are heard by a district judge and lawyers are discouraged

as a result there is less legal argument and costs will not be awarded

jurisdiction in a high court

heard in open court by a single high court judge. judges assigned into three divisions

• kings bench

• chancery division

• and family division

each division only deals with the division which it is

judge will decide on

• liability

• the compensation paid if any

• or any other remedy requested such as eviction

• and who should pay the costs

kings bench division

largest of the three divisions it has the jurisdiction of contract and tort claims over 100,000 in value and smaller claims where there is a complex issue of law involved, there are several specialist courts of the kings division including

• the administrative court, they hear applications for judicial review and applications for habeas copus and case stated appeals in criminal cases decided at the mags or crown court

• circuit commercial courts

chancery division

jurisdiction to deal with the following types of cases

• disputes relating to business property or land where over 100,000 is in issue

• disputes over trusts

• contentious claims

• disputes about partnership matters

family division

cases are generally heard in private as they are often dealing with sensitive matters is has jurisdiction to hear

• cases where a child is to be made 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 which are part of the mags court and complicated family cases from the county courts

• cases with a foreign element such as international child abduction, forced marriage, FGM and divorce has taken place outside of England but the parties are disputing property situated within england.