Civil Courts

What are the 2 Types of Civil Courts?

1. County Court
2. High Court

What Type of **Claims** does the County Court deal with?

Small claims

What Type of **Cases** does the County Court deal with?

Contract and Tort cases

What Type of **Disputes** does the County Court deal with?

* Partnerships/Trusts/Inheritance up to £350,000
* Recovery of Land

Where is the High Court based?

London

How many Divisions does the High Court have and what are they?

3


1. Family
2. Chancery
3. Queen’s Bench Division

In the High Court, what does the Family Division deal with?

* Divorce
* Children
* Medical treatment

In the High Court, what does the Chancery Division deal with?

* Other civil cases excluding family
* e.g. Trust property disputes

In the High Court, what does the Queen’s Bench Division deal with?

Contract and Tort cases >£50,000

What is the Pre-Trial Procedure?

* Most parties are encouraged to settle dispute using ADR first to save time/money
* Pre Action Protocol → list of things they need to do before the case can go ahead
* if party fails to follow, they’ll be liable for costs if they then make a court claim

How many Tracks are there and what are they?

3


1. Small Claims Track
2. Fast Track
3. Multi-Track

What does the Small Claims Track deal with?

* Claims

What does the Fast Track deal with?

Claims £10,000-£25,000

What does the Multi-Track deal with?

* Claims >£25,000
* Complex cases

Can Parties Appeal?

Yes, parties can appeal against finding of liability and/or amount of damages awarded

What do Appeals from the County Court depend on?

* The Judge
* District Judge → Circuit Judge
* Circuit Judge → High Court Judge

Can Parties Appeal a 2nd time from the County Court?

* Yes, to the Court of Appeal (Civil Division)
* Only in exceptional circumstances (important point of principle or other ‘compelling’ reason)

Can you Appeal from the High Court?

Yes, to the Court of Appeal

What is the Term used to describe when an Appeal from the High Court ‘jumps’ straight to the Supreme Court?

Leap Frog

How Common are ‘Leap Frogs’ from the High Court?

Rare, only used in case raises ‘point of law of general public importance’

Can Parties Appeal a 2nd time from the High Court?