Civil courts and other forms of dispute resolution

What are the civil courts?

The civil courts deal with non-criminal issues focusing on disputes between individuals and businesses including disagreements over employment, contract, and tort law. The two main courts of first instance are the high court and county court.

Jurisdiction of the county court

This hears most civil claims up to £100,000 in value. Typical types include tort cases, breach of contract, housing claims, bankruptcy matters, wills and trust law. Cases are heard by a single judge in an open court. The judge reads the case papers and hears the arguments of both sides to decide liability, compensation payable, any other possible remedies, and who should pay the court costs. The small claims track is also heard here. These are dealt with by a district judge in an informal way with lawyers discouraged to reduce costs and legal argument.

Jurisdiction of the Queen’s bench division of the High Court

This deals with contract and tort claims that are especially complex and/or claims over £100,000. There several specialist courts to ensure proper consideration:

• The Administrative Court - Habeus Corpus, Judicial Review, Case stated appeals from the Magistrate or Crown courts

• Circuit Commercial Courts

Chancery division of the high court jurisdiction

This court deals with:

• Disputes over land, business or property where over £100,000 is at issue

• Disputes over trusts

• Contentious probate claims

• Disputes about partnership matters

• Insolvency and Company registration

Family division of the high court jurisdiction

Cases heard here are usually private as they hear sensitive cases of:

• Cases of child welfare under the Child Act 1989

• Appeals or transfers from the county court or family provisions court of the magistrates court

• Cases with a foreign element such as FGM, child abduction, forced marriage, or where a couple divorced abroad but are disputing right to property in England

Pre-trial Proceedings

The aim of this is to ensure as many matters are resolved without going to court. If this fails it will go to court and which one it goes to is based on the value of the claim. To issue a claim an N1 claim form needs to be filed with names and addresses of the parties, brief details of the claim and the amount of money being claimed. This can be filed at a county court, the high court for high value stuff, or online for debt claims. A fee will then be charged for the claim based on the amount being claimed.

Defending a claim

Once an N1 form is filed against the defendant, they will be served with the claim and then have 4 choices:

• Admit the claim and pay the compensation so the case will end

• Admit the claim and pay in installments. the case ends when all of it is paid.

• Dispute the claim and file a defence of why the claim should not be paid either partially or entirely

• File an Acknowledgment of Service which confirms they know they have been served but asks for time to prepare a defence

The small claims track

Straightforward claims of less than £10,000 or £1000 for personal injury. The case will be heard by a district judge and lawyers aren’t encouraged. The case will go on for 2-3 hours with limited witnesses being allowed.

Fast track

Claims between £10,000 and £25,000. A strict timetable of a maximum of 30 weeks is set for this track which the judge can throw out the case if it is not stuck to. The hearing will be a maximum of one day with limited witnesses and usually heard by a circuit judge. Each of the parties can have a lawyer.

Multi track

Claims between £25,000 and £50,000. Usually goes to the county court and takes place with a circuit judge. The judge sets the timetable, the disclosure of documents, the number of witnesses and how long the case will last. Any cases too complicated or involving more than £50,000 go onto the high court.

High court track

Complex claims and/or claims over £50,000 will be passed on to the high court.

Rules for making an appeal in civil cases

• An appeal usually consists of legal arguments over why the original decision should be altered. New evidence is rarely heard.

• An appeal usually progresses the hierarchy and is heard by a panel of three judges

• To get an appeal there need to be legal grounds for it and it normally has to be filed within 21 of the ruling

• Costs will increase as lawyers are probably needed to make the legal arguments

• The appeal courts can agree with the original ruling or reverse it or alter the compensation awarded.

Appeals from the county court

1. If the original case was heard by a district judge it goes to a circuit judge

2. If it was made by a circuit judge it goes onto the high court

3. An appeal can go directly to the CoA if it raises an important point of law and the CoA agrees to hear it

Appeals from the high court

• This will mostly be heard in the CoA (civil division)

• It can then be taken onto the Supreme Court if permission is granted from the CoA and a point of law of general public importance is involved

• In rare cases a ‘leapfrog’ appeal will take place where it goes straight to the supreme court where there is an issue of national importance or the case raises issues of sufficient importance to justify leapfrogging

Pre-trial proceedings for employment tribunals

A claim must be brought within 3 months from the event. In most cases the Advisory, Conciliation and Arbitration Service (ACAS) should be contacted first to see if ADR can be used first. Only if the matter fails to be resolved a claim can be issued. Most claimants will get advice from a specialist lawyer or a trade union. The claim must set out detailed reasons for the claim and must get to the tribunal within the time limit. There is no fee for filing this. The employer will then be passed to the employer who will be given the chance to make comment on it.

Employment tribunal Hearings

Any preliminary hearings take place before a judge sitting alone. In full hearings an employment judge, one person representing the employer’s organisation and one person representing the employee’s organisation will sit as a tribunal panel. Evidence is don under oath. Each side can have a lawyer or choose to represent themselves. Hearings are quite short as most of the facts are predisclosed and the panel will have read them.

Passing of decisions in Employment tribunals

A collective decision will be issued in writing about a day after the hearing:

• If they find in favor of the employee a settlement could be found such writing a favorable reference or compensation

• If a settlement cannot be reached the tribunal can award compensation

• If they rule in favour of the employer, the employee will have to cover their own costs and the employer will have to cover their own costs

• If either side is dissatisfied they can request a review from the panel within 14 days

Appeals

Either side may then appeal within 42 days to an Employment Appeals Tribunal but only on a point of law. Further appeals can go onto the CoA and Supreme Court but only if the EAT gives permission and only on a point of law.

Advantages of civil courts

• The case will be hard by a qualified and experienced judge who benefits from the independence of the judiciary. When giving their decisions they will provide reasons so the parties know why

• Routes of appeal are available if mistakes are made on the law

• The track system minimises delay and cost and informs the parties on the length of the hearing and number of witnesses in advance

• The decision is binding and remedies are allocated

• Lawyers can advise off precedent. Access to advice can be done through CFAs meaning legal aid being unavailable is les of an issue.

Disadvantages of civil courts

• The loser covers the winners costs in most courts so the winner actually gains instead of losing it all to costs

• Even with the three tracks, there is considerable delay meaning some cases can go on for years

• CFAs can only be used for personal injury claims and they often be accepted unless winning is almost guaranteed

• Outside of small claims, a lawyer is necessary to navigate proceedings and legal rules meaning without one a case may be thrown out as keeping to schedule is hard

• Hiring lawyers can often cause delay as it creates friction between the parties