8 markers

Explain the jurisdiction of County Court

• The County Court can try most civil claims of up to £100,000 in value

• Typical cases heard in this court include: negligence claims where a person has suffered injury or loss at the result of the action or failure of another; other tort based claims such as nuisance or trespassing; housing claims; and bankruptcy and insolvency matters.

• Claims will be heard in open court by a single judge.

• This is usually a Circuit Judge but some cases are heard by a Recorder.

• If the case is straightforward and of relatively low-value, it can be heard by a District Judge.

• The judge will read the case papers before the hearing and can hear evidence and legal arguments in court.

• At the end of the hearing, the judge will decide: liability; any compensation payable; any other remedy requested (e.g., an eviction notice); and who should pay the costs of the case.

• The Small Claims Track is part of the County Court and deals with claims of less than £10,000 (£1000 in personal injury claims) in an informal way. Cases are heard by a District Judge and lawyers are discouraged. This means there is less legal argument and costs will not be awarded.

Explain the jurisdiction of the High Court (2019 - of all 3 divisions)

• Claims are heard in open court by a single judge of the High Court.

• Judges will be assigned to one of the three Divisions - King’s Bench, Chancery and Family - and will only hear cases relating to that Division’s work.

• The King’s Bench Division is the largest of three divisions. It has the jurisdiction to hear a wide variety of cases including: contract and tort claims over £100,000 in value and smaller claims where there is a complicated issue of law involved.

• The Chancery Division deals with cases such as: disputes relating to business, property or land where over £100,000 is in issue.

• Cases in the Family Division are generally heard in private as they often deal with sensitive matters such as: cases relating to the welfare of children under the Children Act 1989.

• Judges in the High Court will read case papers before the hearing and can hear evidence and legal arguments in court.

• At the end of the hearing, the judge will decide: liability; any compensation payable; any other remedy requested; who should pay the costs of the case.

Explain the jurisdiction of the King’s Bench Division

• The King’s Bench is one of the three divisions that High Court Judges can be assigned to.

• It is the largest of the three divisions.

• The King’s Bench Division has the jurisdiction to hear a wide variety of cases including contract and tort claims over £100,000 in value and smaller claims where there is a complicated issue of law involved.

• There are several specialist courts of the King’s Bench Division.

• This includes: the Administrative Court which hears applications for judicial review and applications for habeas corpus, and case stated appeals in criminal cases decided at the Magistrate’s Court or Crown Court.

• and Circuit Commercial Courts.

• Judges in the High Court will read case papers before the hearing and can hear evidence and legal arguments in court.

• At the end of the hearing, the judge will decide: liability; any compensation payable; any other remedy requested; who should pay the costs of the case.

Explain the jurisdiction of the Chancery Division

• This court has 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 probate claims

• disputes about partnership matters

• Specialist courts of the Chancery Division include the Insolvency and Companies List.

• Judges in the High Court will read case papers before the hearing and can hear evidence and legal arguments in court.

• At the end of the hearing, the judge will decide: liability; any compensation payable; any other remedy requested; who should pay the costs of the case.

Explain the jurisdiction of the Family Division

• Cases in the Family Division are generally heard in private as they are often dealing with sensitive matters. It has the jurisdiction to hear:

• cases where a child is to be made a 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 Courts, which are part of the Magistrates’ Court, and complicated family cases transferred from the County Court

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

• Judges will read the case papers before the hearing and can hear evidence and legal arguments in court.

• At the end of the hearing, the judge will decide: liability; any compensation payable; any other remedy requested; who should pay the costs of the case.

Explain the pre-trial process (2022 - but criminal)

• Before issuing any court claim, one must follow an appropriate pre-action protocol. They explain the conduct and set out the steps the court would normally expect parties to take before starting any court action.

• The aim of pre-action protocol is to ensure that as many problems as possible can be resolved without the need for a court hearing.

• If a settlement cannot be reached, issuing a court claim may be the only course of action. The court used depends on the amount of compensation being claimed.

• A compensation of less than £10,000 (or £1000 in a personal injury claim) can be started in the Small Claims Court; less than £100,000 (or £50,000 in a personal injury claim) must be started in the County Court; more than £100,000 (or more than £50,000 in a personal injury claim) can be started in either the County Court or, more likely, in the High Court.

• To issue a claim, a claim form N1 must be completed with: the names and addresses of the parties, brief details of the reason for the claim and the amount of money being claimed.

• The form can be filed at: a County Court office, the High Court if it is a high value claim or online, for a debt claim. A fee will be charged for issuing the claim, and the amount of the fee depends on the amount being claimed.

• The court will generally send, or serve, the claim on the defendant who then has a choice of actions:

• 1. Admit the claim and pay the full amount to the claimant or the court. If this option is chosen, the case will end.

• 2. Admit the claim and pay in instalments. If this option is accepted by the claimant, the case will end when the full amount has been paid.

• 3. Dispute the claim and file a defence setting out why the claim should not be paid, either in full or part.

• 4. File an Acknowledgement of Service confirming receipt of the claim form but asking for time to file a defence.

• If the defendant fails to respond when receiving the claim, the claimant can apply for judgement in default. This means that the claim is ‘won’ and an attempt can be made to force the defendant to pay the sum claimed.

Explain the track system for allocation of civil cases (2024)

• The track system was introduced by the Civil Procedure Rules to improve efficiency, reduce delay, and ensure proportionality in civil cases.

• A judge must allocate a claim to an appropriate case management track for it to be dealt with in the most just and cost-effective way.

• The Small Claims Track deals with cases usually under £10,000 and is informal, often without legal representation. The claim will be heard by a District Judge. The time allocated to a hearing will be a maximum of 2-3 hours; each party will be allowed a limited number of witnesses.

• The Fast Track deals with cases usually between £10,000 and £25,000 and follows a strict timetable set at a maximum of 30 weeks. The hearing will be a maximum of one day in open court, with a limited number of witnesses called. Cases here are usually heard by a Circuit Judge and each of the parties can be represented by a lawyer.

• The Intermediate Track (introduced in 2023) handles cases worth £25,000 - £100,000 of moderate complexity. These cases usually have a maximum trial length of 3 days and are limited to two expert witnesses per party.

• The Multi-Track deals with high-value cases over £100,000, or those too complex or long for the Intermediate Track. These cases can have longer, flexible trial durations and more bespoke, flexible court management.

• Each track has different procedures and cost rules, helping to keep cases proportionate and prevent unnecessary expense.

• The aim of the system is to ensure cases are dealt with justly, quickly, and at a proportionate cost (overriding objective).

Explain appeals in civil cases (generally) (2021)

• If one of the parties is dissatisifed with the decision of the trial judge about liability and/or the amount of compensation awarded, they can appeal.

• An appeal hearing usually consists of legal arguments as to why the original decision should be altered.

• An appeal is usually made to the next highest court in the hierarchy, and heard by a panel of three judges.

• It is rare for new evidence to be heard. There must be legal grounds for an appeal - more than ‘the judge got the decision wrong’.

• An appeal usually has to be made within 21 days of the original hearing.

• If an appeal is made, costs will increase as lawyers will probably be required to argue the reasons for appeal.

• The appeal court can agree with the original decision or reverse it. It can agree with the original amount of compensation awarded or alter the amount.

Explain appeals from the County Court

• If the original decision was made by a District Judge, for example, in the Small Claims Court, an appeal will be heard by a single Circuit Judge of the same court.

• If the original decision was made by a Circuit Judge, an appeal can be made to a High Court Judge of the Division that is relevant to the case. For example, if the claim is for personal injury, an appeal will be made to a judge of the King’s Bench Division.

• An appeal can be made directly to the Court of Appeal if the case raises an important point of principle or practice, and the Court of Appeal agrees to hear it.

Explain appeals from the High Court

• (Can use some points from general appeal process 8 marker to explain what appeals are)

• An appeal from a decision of a High Court Judge will generally be heard by the Court of Appeal (Civil Division).

• If one of the parties wishes to appeal further, it can be taken to the Supreme Court, but only if permission is granted by the Court of Appeal.

• The Supreme Court is the highest court for hearing civil appeals, and permission will only be given if there is a point of law of general public importance involved.

• In rare cases, a ‘leapfrog’ appeal may be made directly from the High Court to the Supreme Court if the case raises issues of sufficient importance to justify the leapfrog.

Explain ADR (generally)

• Alternative Dispute Resolution (ADR) refers to the 4 methods of settling disputes without going through the court or tribunal process.

• ADR is used in civil disputes as an alternative to litigation.

• One type of ADR is negotiation which is where the parties attempt to resolve the dispute directly between themselves without third-party involvement; it is the easiest and least confrontational form of ADR. It can be carried out by face-to-face talking; writing; or electronic correspondence.

• Mediation is where a neutral third party (mediator) helps the parties communicate and reach a voluntary agreement. The role of the mediator is to facilitate discussion but they do not impose a decision.

• Conciliation is similar to mediation, but the conciliator may suggest possible solutions to resolve the dispute.

• Arbitration is where a dispute is decided by an independent arbitrator who listens to both sides; both parties must voluntarily agree to this. The arbitrator’s decision is legally binding on the parties and enforceable.

Explain negotiation (form of ADR)

• Negotiation is a form of ADR. It allows anyone in dispute with another person or business to negotiate to settle the dispute in the easiest and least confrontational way possible.

• Negotiation can be carried out by: face-to-face talking, writing, phone or e-mail, or any other suitable method.

• It is an attempt to come to an agreement or settlement. The agreement can be verbal or more formally set down in writing.

• Negotiation can be conducted by the parties themselves, their representatives, their lawyers, or any combination of these.

• If the negotiation is carried out by the parties, it should not cost them anything, but the involvement of lawyers will inevitably involve cost.

• Even if original negotiations are unsuccessful and court proceedings are issued, it can take place right up to a court hearing.

Explain mediation (form of ADR)

• Mediation is a form of ADR. This is where a neutral person helps the parties to reach a compromise.

• The parties will usually be in separate rooms or locations, and the mediator acts as a facilitator, shuttling between the parties to put forward points and opinions.

• The parties have control over the process, so they can stay as long as they wish and can withdraw at any time.

• The mediator will not offer an opinion to either parties unless asked to do so.

• A successful mediation depends on both parties embracing the concept and actively participating. Eventually it is hoped that the parties themselves will reach a compromise and agreement acceptable to both.

• Mediation is often used in family disputes over children and financial issues. The parties have to show that they have attempted the process before starting court proceedings. A charity such as Relate will provide the mediation service in this case.

• A more formal method of mediation is a ‘mini-trial’ where each side presents its case to a panel made up of a neutral adviser and executives from both parties. The executives then try to reach an agreement with the adviser’s help. If they cannot agree, the neutral adviser acts as a mediator. Even if it doesn’t fully resolve the dispute, it can narrow the issues and make any future court case quicker.

Explain conciliation (form of ADR)

• Conciliation is a form of ADR and similar to mediation. However, the conciliator plays a more active role, discussing the issues with both parties and suggesting grounds for compromise or settlement.

• The parties still have control over the process and may withdraw at any time.

• As with mediation, both parties must agree to a final compromise and the process may not lead to a resolution, especially if one or both parties are fixed in their position.

• ACAS is an example of a conciliation service. It tries to encourage the parties in an employment dispute to reach a settlement before a claim can be issued in an employment tribunal. It also gets involved in industrial disputes - for example, if a trade union calls a strike action, ACAS will attempt to conciliate between the parties to reach a compromise.

Explain arbitration (form of ADR) (Spec paper)

• Arbitration is a form of ADR. It is where both parties voluntarily agree to let their dispute be left to the judgement of a neutral arbitrator or a panel of arbitrators.

• Agreements to arbitrate are governed by the Arbitration Act 1996 and are usually in writing. Agreement to go to arbitration can be made before a dispute arises [usually by a Scott v Avery clause in a contract]. Agreement will either name an arbitrator or provide a method for choosing one. A court may also appoint an arbitrator. The parties agree the procedure for hearings and this ranges from a ‘paper’ arbitration to a formal court-like hearing

• Arbitration awards are binding on the parties and can be enforced by the courts if necessary. An award by an arbitrator can be challenged in the courts for serious irregularity in the proceedings or on a point of law. Illustrations of situations where arbitration is used include building contracts, holiday contracts and as a result of various other business contracts.

Explain the role of the employment tribunal (2023)

Role:

• to act as an independent, unbiased and impartial tribunal

• to make a decision based on the evidence provided

• to resolve disputes around employment law between employees and employers

• to deal with claims from employees who think that their employer has treated them unlawfully

• unlawful treatment may include:

• ○ unfair dismissal

• ○ discrimination

• ○ unfair deductions from pay

• ○ rights to pay - wages, notice period, holiday pay, minimum wage

• ○ breach of contract

• ○ redundancy

• ● A finding of unlawful treatment may result in:

• ○ compensation

• ○ employer ordered to give the employee their old job back

• ○ re-engagement of the employee in a different role

• ○ satisfactory reference

Focus could be on explaining jurisdiction of the appellate court - e.g., CoA Civil Division or UKSC