i) Civil courts and other forms of dispute resolution

Litigation

The process of resolving disputes through the courts

Formality of cases

The level of strict rules, procedures and legal representation involved in court proceedings

Civil case

A dispute between individuals or organisations about legal rights rather than criminal offences against the state

Jurisdiction

The legal authority of a court to hear and decide a case

County Court

The main civil court in England and Wales that hears most civil cases at first instance

First instance

The first time a case is heard in court

Types of cases heard in the County Court

Contract disputes, tort claims, land disputes and consumer disputes

Contract dispute

A disagreement involving a legally binding agreement between parties

Tort claim

A civil wrong that causes harm or loss to another person (e.g. negligence)

Land dispute

A disagreement about property ownership or possession such as eviction

Consumer dispute

A dispute about faulty goods or services

District judge

A full-time professional judge who deals with lower value civil cases and case management in the County Court

Circuit judge

A more senior judge who hears more serious or complex cases in the County Court and appeals from district judges

Case management

The process where a judge controls how a case progresses before trial by setting deadlines and managing evidence

High Court

A senior civil court that hears high value or complex civil cases and appeals from the County Court

High Court jurisdiction

Usually hears cases over £100,000 or cases involving complex legal issues

Appeal

A request for a higher court to review the decision of a lower court due to a possible legal mistake

Court of Appeal (Civil Division)

The court that hears appeals from the High Court and some County Court cases

Purpose of High Court divisions

To allow judges to specialise in different areas of law

King’s Bench Division (KBD)

Deals with contract, tort, judicial review and appeals from the County Court

Judicial review

The process where courts review whether public bodies acted lawfully and within their powers

Chancery Division

Deals with property disputes, financial disputes, trusts and insolvency

Trust

A legal arrangement where a person holds property for the benefit of another person

Insolvency

A situation where a person or organisation cannot pay their debts

Family Division

Deals with serious family matters such as divorce, child custody, adoption and care proceedings

Track

A procedural route used to manage civil cases depending on their value and complexity

Civil Procedure Rules 1998

The rules governing civil court procedure designed to make cases fair, efficient and proportionate

Overriding objective

The principle that cases should be dealt with justly, fairly, quickly and at proportionate cost

Small Claims Track

Cases under £10,000 (personal injury usually under £1,000) designed for simple, low value disputes

Features of Small Claims Track

Informal procedure, usually no lawyers, legal costs normally cannot be recovered

Litigant in person

A person who represents themselves in court without a lawyer

Inquisitorial approach

An approach where the judge takes an active role in questioning parties and investigating the case

Fast Track

Cases between £10,000 and £25,000 involving moderately complex disputes

Features of Fast Track

Strict timetable, usually one expert witness per party and a trial lasting about one day

Multi Track

Cases over £25,000 or cases involving complex legal issues

Features of Multi Track

Flexible case management, multiple experts allowed and trials may last several days

Pre-trial procedures

The steps taken after a claim begins to prepare the case for trial

Pre-action protocols

Guidelines parties must follow before starting court proceedings to encourage settlement

Purpose of pre-action protocols

To clarify disputes, encourage settlement and save court time and costs

Letter of claim

A document sent by the claimant explaining why the defendant is liable and outlining the claim

Claim form

A document used to start a civil claim in court

Claimant

The person bringing the legal claim

Remedy

The legal solution requested from the court such as damages or an injunction

Particulars of claim

A document explaining the claimant’s case in detail including facts and legal basis

Defendant response options

Admit the claim, defend the claim, partly admit the claim or acknowledge service

Acknowledge service

Informing the court that the defendant intends to defend the claim but needs more time

Disclosure

The process where both parties reveal all relevant documents related to the case

Witness statement

A written document stating what a witness will say in court

Trial

A court hearing where the judge examines evidence and makes a decision