The civil Court System

Main Civil Courts

1. Supreme court

2. Court of Appeal——> 1. Appeal Tribunals 2. Tribunals

3. High Court

4. County Court

The tribunals and appeal tribunals

Generally concerned with the interaction between the state and individuals (immigration or benefits)

Does the magistrates court have a civil jurisdiction?

Yes, but very limited not core for this element

First questuon when deciding where to start a claim (County vs High court)

check if a specific enactmen requires issue in a particular court; if so, issue there

where should PL claims worth less than £50,000 be issued?

country court

Where should non-PL claims worth £100,000 or less be issued

County Court

When is issuing in the high court jusitified?

If justified by:

(a) financial value in dispute,

(B) complexiy of facts/legal issues/remedies; or

c) public importance

General value rule for starting in the high court (summary)

Claims should not be commenced in the High Court unless the value is > £100,000 (or less than £50,000 for PL claims)

What is the structure of the County Court?

A single national Country Court with 173 hearing centres across England & Wales

Where is County Court admin (e.g. money claims) handled?

Centrally and/or online; hearings can be listed at local hearinhg centre

When is County Court generally used?

Less complex, lower-value claims where a specialist judge is not required

Where does the High Court sit?

At the royal courts of justice (RCJ) Strand, London, and in Disctrict Registries around the regions

How many Disctrict Registries are there?

Over 130 District Registries across the country

where must London-related disputes be commenced?

In Royal courts of Justice london

Where must non-London claims be commenced

Either in the RCJ or in the appropriate district registry

Divisions of the High Court

King’s Bench Division (KBD)

Chancery Division

Family Division

why is business allocated between divisions?

For convenience and judicial expertise; family handles matrimonial/related matters

General KBD List

Broad claims, personal injury, professional negligence, breach of contract, non-payment of debt, and matters outside specialist courts/lists

Administrative Court

Public law-judicial review of the lawfulness of acts/omissions of the state

Planning court

planning-related appeals/applications: planning permission, highways, rights of way, compulsory purchase

Commercial Court

Complex business disputes: arbitration, aviation, banking/financial markets, fraud, insurance, shipping (often international)

Circuit Commercial Courts

Regional commercial work: commercial contracts, sale of goods, insurance, banking, professional negligence

What is the technology & contruction court (TCC)?

Construction, engineering, IT/software, environmental, public procurement disputes

what is the admirality court?

Shipping and maritime matters

What is heard in the insolvency & companies list?

Personal/corporate insolvency; company matters incl. unfair prejudice, shareholder disputes, director’s disqualification CA 2006 applications

Revenue List

Tax cases raising major points of principle where HMRC is a party

Competition List

Competition Law Disputes

Business List (chancery)

Broad business disputes: company structures, director’s duties, tort, contract, pensions, financial services

Property, Trusts and Probate List

Lank (landlord x tenant), administration of estates, execution of trusts, charities, probate issues

Intellectual Property List

IP disputes such as patents and registered designs

Financial list and when is it used

A joint KBD/Chancery List for financial market disputes of £50m+ or requiring particular judicial knowledge of financial markets

Business & Property Courts (B&PCs)

collective name for KBD specialist courts (Commercial, Circuit Com., TCC, Admirality, Financial List) and all chancery divisiuon lists

Where do the business & Property Courts sit?

London and also Birmigham, Bristol, Leeds, Liverpool, Manchester, Newcastle, and Cardiff

Where is the Court of Appeal based and what does it hear?

At the RCJ London (with occasional sittings elsewhere); hears appeals accross civil, family and criminal justice (Civil and Criminal Divisions)

Is court of appeal the final court?

In practoce, yes for most cases (though some may go to the Supreme Court with permission)

Supreme Courts role

Apex court of the UK legal system; hears the most significant appeals from England & Wales, Scotland and Northern Ireland

When is permission to appeal to the supreme court granted?

Only where the issue is of ‘general public importance’

How do you address Supereme court of justices and courts of appeal judges?

My Lord or My Lady

How do you address High Court Masters?

Judge

How to address Circuit Judges and Recorders in the County Court?

Your Honour

Addressing District Judgesand Deputy District Judges

Judge

Who is the Lord Chief Justice and what do they do?

Head of judiciary of England and Wales; represents judiciary to Parliament/Government; leads welfare, training, guidance, and deployment of judges

Master of the Rolls

President of the Civil Division of the Court of Appeal; a court of Appeal judge; second in seniority to the Lord Chief Justice

President of the family division

Head of Family Justice; a member of the court of appeal

president of KBD

Head of KBD; a member of the court of Appeal

Chancellor of the High Court?

Head of Chancery division; a member of the Court of Appeal

Where can solicitors ordinarily conduct avocacy without higher rights?

1. Magistrates court

2. County Court

3. Tribunals

4. the Upper Tribunal

Do Solicitors have automatic rights of audience in the High Court, Court of Appeal, and Supreme court?

No, they need to obtain higher rights of audience (after training/assesments) or instruct barristers

Which courts can start (issue) civil claims?

Country Court and High Court (they are courts of first instance)

Can you start a claim in the Court of Appeal or supreme court?

no— appeals only

name the three divisions of the high court

king’s bench division, chancery division, family division

Give two grounds (other than value) to justify starting in the high court

Complexity (facts/law/remedies/procedures) and importance to the public

what’s the usual forum for lower value/less complex cases without specialist judges?

County court