Civil Courts, Tracks, Judges, Appeals, Tribunals and ADR

Civil Courts

Civil courts deal with private disputes between individuals or organisations. These disputes may involve money, property, contracts, family issues, negligence, or human rights.

There are two main civil courts of first instance. They are?

1. County Court – This is where most civil claims start. It deals with all types of cases, from small disputes to higher-value claims.

2. High Court – This court handles more complex or high-value cases. It has three divisions:

   • King’s Bench Division – general contract and tort claims.

   • Chancery Division – business, property, and equity matters.

   • Family Division – complex family law issues.

To start a claim in the civil court, the claimant must do?

• Complete Form N1, giving details of the case and what they are claiming.

• Pay a court fee based on the amount being claimed.

• Follow pre-action protocols, which are steps taken before court to try to settle or resolve the dispute early (such as letters, sharing evidence, or using ADR).

What are The Four-Track System?

The Small Claims Track, The Fast Track, The Intermediate Track, and The Multi-Track. Cases are allocated to a particular "track" based on:

• The value of the claim.

• The complexity of the case.

• Whether legal representation is needed or whether the parties are self-represented.

1. Small Claims Track

• Value: Up to £10,000 (or £1,000 for personal injury/property damage).

• Court: County Court.

• Judge: District Judge.

• Procedure: Informal. Lawyers are not always used. Parties are encouraged to represent themselves.

• Costs: Limited. Parties generally pay their own legal costs even if they win, unless the other side acted unreasonably.

• Use: Ideal for straightforward claims such as unpaid bills or minor damage.

2. Fast Track

• Value: £10,000 to £25,000.

• Court: County Court.

• Judge: District or Circuit Judge.

• Procedure: More formal than small claims. Court sets a strict timetable. Trial usually lasts no more than 1 day.

• Costs: Fixed recoverable costs (set in advance).

• Use: Suitable for moderately complex cases that don't require many witnesses.

3. Intermediate Track (New as of 2023)

• Value: £25,000 to £100,000.

• Court: County Court.

• Judge: Circuit Judge.

• Procedure: Designed for moderately complex cases. Time and costs are controlled carefully.

• Costs: Fixed recoverable costs.

• Use: Bridges the gap between fast track and multi-track cases.

4. Multi-Track

• Value: Over £100,000 or lower value if the case is very complex.

• Court: High Court (or County Court if suitable).

• Judge: High Court Judge or Circuit Judge.

• Procedure: Tailored for each case. Parties may be allowed expert witnesses and detailed legal arguments.

• Costs: Can be high. Often involves legal representation.

• Use: Complicated disputes, such as medical negligence or major contractual claims.

Types of Civil Judges

Judges are responsible for overseeing civil trials, making sure the law is applied correctly, and sometimes making decisions on who wins the case. There are 2 categories; Inferior and Superior Judges.

Inferior Judges

• District Judges

• Circuit Judges

Superior Judges

• High Court Judges

• Lord Justices of Appeal

• Justices of the Supreme Court

Inferior Judges

These judges sit in the lower courts, such as the County Court.

• District Judges – handle small claims and fast-track cases.

• Circuit Judges – deal with fast, intermediate and multi-track cases in County Court.

Superior Judges

These judges sit in higher courts like the High Court and above.

• High Court Judges – hear complex and high-value multi-track cases.

• Lord Justices of Appeal – sit in the Court of Appeal.

• Justices of the Supreme Court – hear only the most important appeals, often involving national importance or points of law.

Civil Appeal Routes

Civil Appeal Routes

Civil appeals depend on:

• Which track the case was on.

• Which judge heard the case.

• Whether the court gives permission (leave) to appeal.

Appeals from County Court

1. Small Claims / Fast Track:

   • Heard by District Judge → appeal to a Circuit Judge in the same court.

   • Heard by Circuit Judge → appeal to a High Court Judge.

   • A second appeal is possible (with permission) to the Court of Appeal, but only in exceptional circumstances.

2. Intermediate Track:

   • First appeal → to High Court Judge.

   • Second appeal (with permission) → Court of Appeal.

3. Multi-Track:

   • First appeal → Court of Appeal (Civil Division).

   • Further appeal (with permission) → Supreme Court.

Appeals from High Court

• First appeal → Court of Appeal.

• Second appeal → Supreme Court (permission needed).

Leapfrog Procedure

• Rare cases involving a point of law of public importance can go directly from High Court to Supreme Court (skipping Court of Appeal), with permission from both courts.

Court Procedure Summary

• Civil courts are formal environments.

• Judges and lawyers wear wigs and gowns.

• Trials follow strict rules.

• The timetable is controlled by the court.

• Legal representation is common because the process is complex.

• Legal aid is rarely available for civil claims.

• If you lose, you may have to pay the other side’s legal costs.

Alternative Dispute Resolution (ADR)

ADR refers to methods of resolving disputes without going to court. It is often cheaper, quicker, and less stressful. Courts expect parties to try ADR before making a claim.

Negotiation

• Definition: Parties communicate directly to try to reach a solution.

• Advantages:

  • Private and informal.

  • Cheap (no court or legal fees if lawyers aren't involved).

• Disadvantages:

  • Can be time-consuming.

  • May not work if parties are unwilling to compromise.

Mediation

• Definition: A neutral third party (mediator) helps the parties reach an agreement.

• Mediator does not make a decision but helps parties find common ground.

• Advantages:

  • Useful in family and business disputes.

  • Preserves relationships.

  • Cheaper than court and often faster.

• Disadvantages:

  • Only works if both sides agree to participate.

  • Not legally binding unless a contract is created afterwards.

Tribunals

Tribunals are not courts, but they are part of the legal system. They are used to resolve specific types of disputes, especially involving public rights or government bodies.

Types of Tribunals

• Administrative Tribunals – disputes between individuals and the state (e.g. immigration, welfare benefits).

• Disciplinary Tribunals – professional conduct issues (e.g. doctors, solicitors).

Tribunal Structure

• First-tier Tribunal – hears original cases.

• Upper Tribunal – hears appeals from the first-tier tribunal.

• A typical tribunal panel includes:

  • A legally qualified chair (tribunal judge).

  • Two lay members with relevant experience.

Advantages of Tribunals

• Cheaper than court.

• Quicker to arrange and complete.

• Less formal – parties may represent themselves.

• Encourages direct participation.

Disadvantages of Tribunals

• No legal aid in most cases.

• Still formal enough to be confusing for some people.

• Can face delays due to high demand.

Example Case – Cool Conferences Ltd (CCL)

• CCL had a contract with Best Builders who were late finishing building work.

• CCL lost two contracts worth £20,000.

• CCL can start a Fast Track claim in the County Court.

• If the case is heard by a District Judge, and they lose, they can appeal to a Circuit Judge.

• A further appeal could go to the High Court, and possibly the Court of Appeal, with permission.