Civil courts and ADR

Difference between county court and high court

County court can hear all cases below £50,000, and is a quick and cheap way of hearing minor cases. High court can hear all civil cases regardless of value, and appeals from lower courts.

Small claims track

Claims up to £10,000. For personal injury claims up to £1000. It’s in county court with a district judge. Lawyers are discouraged. An informal setting.

Fast track

Claims from £10,000-£25,000. For personal injury claims from £1000-£25,000. It’s in county court with a circuit judge. It is fast. The case is heard within 30 weeks. Maximum one day trial.

Multi track

Claims over £25,000. For personal injury claims over £25,000. It’s in county court if it’s up to £50,000. It’s in the high court if over £50,000 or if the case is complex. It is a high court judge. There is a case management conference to set the next steps in the case.

What if the C/D isn’t happy with the decision?

In order to appeal, the case must have permission or ‘leave’. Permission is only granted if the case involves an important matter or has a good chance of success.

If the case has been heard in county court

If the case has been heard in county court by a district judge at first instance (for the first hearing) the appeal will be heard by the next judge up. The first appeal will be heard by a circuit judge. The second appeal will be heard by a high court judge.

If the case has been heard in high court

If the case has been heard at high court for the first instance (for the first hearing), the appeal will be heard by the next court up. The first appeal will be heard by the court of appeal. The second appeal will be heard by the supreme court.

Alternatives to court

Alternative dispute resolution. 3 types of ADR: negotiation, mediation, tribunals. Tribunals are NOT an alternative to court as they deal with very different cases.

Negotiation

The most common type of ADR. It is usually the 1st step in the process. Negotiation is cheap and quick and generally involves the parties simply exchanging information. For example, taking faulty goods back to the shop, talking face-to-face, writing a letter or an email.

Mediation

A neutral 3rd party helps the parties to reach a compromised solution. The mediator acts as the ‘middle man’. Ultimately, the parties remain in full control. For example, the ‘ADR group’ for civil disputes, and 'RELATE’ for family disputes.