Law chp9 civil courts

Civil claims

Civil claims

Claims made by the civil courts when an individual or business believes that their rights have been infringed in some way.

2 courts civil cases are tried in

County court and high court

County court

Tries all contract and tort claims, all cases for the recovery of land, disputes over equitable matters such as trusts up to a value of £350,000.

Cases heard by county or district judge. For defamation cases or torts of malicious prosecution or false imprisonment judge sits with jury of eight.

High court

Based London but has judges sitting across the country. 3 divisions:

Kings bench division:biggest dels with contract + tort cases over £100,000 o4 smaller with important points of law. Normally dwindle judge but some juries of 8 in cases. Specialist courts within it. Commercial court-insurance banking etc. admiralty court-shipping and dministrtive court £supervises the lawfulness of the conduct of gov and courts.(judicial review) can so hear appeals from magistrates court and cr8minak cases.

Chancery division insovency,mortgages, trust property,copyright +patents, intellectual property, probable.alos specil companies court. No juries

Family division -disputes about which countries laws should be used.orher family matters single judge no jury crimes nd court act 2013 created. New family court.

How to start a court case

1precourt protocols -parties give information protocol followed if do not give everything on the lis5 required may be liable for cedryain costs

2)which court- £100,000 or less county court. Less than £10,000 small claims -small claims track but if personal injury it’s £1,000 or less, if personal injur6 is 50,000 or less cpu ty court. Any more than this and must go to county or high court .

3)need to claim form N1 to issue a claim will be charged a fee. Up to £300 fee is £35 £300-£500:50, £500-£1000:70. £1000-1500:80, £1500-3000:115, £3000-5000:205. £5000-10000:455, £10,000-200,000:5% of claim anything more than £200,000 is 10,000.

4)defending a claim: may admit the claim and pay full amount, defendant may dispute the claim must send an acknowledgement of service form N9 or defence to court within 14 days. If defendant does neither then claimant can ask the court to make an order that the defendant pays the money and. Costs claimed. Once defined given a track

Small claims track

Disputes under £10,000 personal injury under £5,000.

Usually heard in private

Defendant and claimant represent themselves

District judges take active part asking qs etc

Informal

Fast track

Straight forward disputes of £10-25,000

Strict timetable for pre matters to avoid wasting time and money

Aim is for case to be heard within 30 weeks normally 50

Heard by circuit judge in open court

Formal procedure

Hearing limited to one day

Limited number of expert witnesses

Multitrack cases

Complex cases over £25,000

Cases are tried by a judge who manages the case from the start

Judge identifies early issues

Encourages parties to use adr

Deals with procedural steps without the parties court attendance

Fixed timetables to speed things along and keep costs low

What did wolf state that a civil justice system should do

Be just in the results it’s delivers

Be fair in the way it treats litigants

Offer appropriate procedures at a reasonable cost

Deal with cases at a reasonable speed

Be understandable to those who use it.

1999 reform of the civil courts

Bought in 3 track system

Judges have ,ore responsibility for cases

Encouraged use of adr

Simplified terminology

Tried to limit waiting times

Improvements following the reform

Change in litigation culture with more cooperation between the parties lawyers

Improvements in delays between a claim and a hearing, not as great as had been hoped still a one year wait between issuing fast or multitrack and trial

Most cases settled before trial

Problems remaining after reforms

ADR not used enough

Cost of cases has increased

Courts are under resourced -limited it

Further reforms under wolf

Emphasis on proportional costs in cases under the civil procedure rules

Lord Briggs’s review of 2016 proposed private mediation in the county court and setting up an online court for claims of up to £25,000 though not enacted everywhere. 3 stages 1)automated online process for identification of issues and provision of documentary service. 2)conciliation and case management carried out b6 case managers. 3)if case not resolved decision by judge

Appeals from the county court

An appeal from a decision by a district judge is heard by a circuit judge

An appeal from a decision by a circuit judge is heard by a high court judge

Appeals from the high court

Normally go to civil division of court of appeal

Or go straight to Supreme Court when issue of national importance or cases raises suffice importantce.

Legal aid

Government help in funding a case

Advantages of using the courts fair process

Judge is a legal expert

Easier to enforce the decision

An appeal system is available

Legal aid available in some cases

Disadvantages of the courts

Cost

Delays

Complexity

Uncertainty

ADR

Alternative dispute resolution.