The Legal System: The Civil Courts

The Legal System: The Civil Courts

9 The Legal System: The Civil Courts

• Objectives after reading this chapter include:

  • Basic understanding of civil courts.

  • Understanding the track system in the courts.

  • Explanation of the appeal system.

9.1 Civil Cases

• It is crucial to differentiate between civil and criminal cases:

  • Civil cases arise when an individual or business believes their rights have been infringed.

  • Scope of civil law includes:

  • Contract Law

  • Law of Tort

  • Family Law

  • Employment Law

  • Company Law

  • Key Term: Civil claims - legal actions taken in civil courts when rights are believed to have been infringed.

  • The nature of disputes under civil law can widely vary, including:

  • A company claiming owed money (contract law) ranging from minor to substantial amounts.

  • An individual seeking compensation for injuries (tort of negligence).

  • Requests for remedies such as injunctions in property disputes or other orders (e.g., company winding-up, divorce decrees).

9.2 Civil Courts

• Two primary courts handle civil cases:

  1. County Court

  2. High Court

9.2.1 County Court

• Approximately 200 County Courts are spread across major towns.

• Jurisdiction includes:

  • All contract and tort claims.

  • Cases for recovery of land.

  • Disputes regarding equitable matters up to £350,000.

• Cases heard by either a Circuit Judge or a District Judge.

  • Rarely, a jury of eight may be present in defamation cases or torts of malicious prosecution or false imprisonment.

9.2.2 High Court

• The High Court is centralized in London with judges in multiple locations across England and Wales.

• It can hear any civil case and comprises three specialized divisions:

  1. Queen's Bench Division

  • Largest division handling contract and tort cases over £100,000.

  • Right to jury trial in cases of fraud, libel, slander, malicious prosecution, and false imprisonment.

  • Contains specialist courts:

    • Commercial Court: focuses on commercial matters (banking, insurance).

    • Admiralty Court: matters related to shipping.

    • Administrative Court: supervises legal compliance of government actions.

    • Can hear appeals from Magistrates' Courts on legal grounds.

  1. Chancery Division

  • Involves:

    • Insolvency (companies and individuals).

    • Enforcement of mortgages.

    • Trust property disputes.

    • Copyright and patents.

    • Contested probate actions.

  • Cases heard by a single judge, with no jury.

  1. Family Division

  • Handles family law cases, especially those indicating which country's laws apply and international family matters.

  • Previously utilized juries in defended divorce cases, but now it's a non-jury division.

  • Majority of family matters transitioned to a newly established Family Court.

9.3 Starting a Court Case

• Many individuals opt not to immediately pursue legal action; instead, they attempt negotiation or alternative dispute resolution (ADR).

• Important Note: The majority of disputes typically reach settlements outside of court.

9.3.1 Pre-action Protocols

• Parties are encouraged to share information to minimize court case occurrences.

• A pre-action 'protocol' involves steps that must be followed before issuing a claim, particularly in personal injury cases.

• Non-compliance may lead to liability for specific costs in subsequent court claims.

9.3.2 Which Court to Use

• The choice of court depends on the claim's amount:

  • Claims up to £100,000 must be initiated in County Court.

  • Small claims for amounts less than £10,000 are categorized within the small claims track:

  • Personal injury cases under £1,000 also qualify as small claims.

  • Claims exceeding these limits (above £50,000 for personal injury or above £100,000 for other claims) allow the claimant to opt for either County or High Court.

9.3.3 Issuing a Claim

• Claims are initiated using Form 'N1'. Fees vary based on claim size:

  • Example: Claims up to £300 incur a fee of £35, while those above £200,000 may cost £10,000.

  • Filing must be done at a court office with the requisite form.

9.3.4 Defending a Claim

• Upon receiving a claim form, defendants can either:

  • Admit the claim and pay.

  • Dispute and send either an acknowledgment (Form N9) or a defense within 14 days of receipt.

• Failure to respond allows claimants to request a court order for payment.

• If disputed, cases are assigned to appropriate tracks.

9.4 The Three Tracks

• Tracks allocation is determined by judges in County or High Court based on inquiries sent to both parties.

• Types of Tracks:

  1. Small Claims Track: for disputes under £10,000 and personal injury claims under £1,000.

  2. Fast Track: designed for disputes ranging from £10,000 to £25,000.

  3. Multi-track: for cases exceeding £25,000 or complex cases below this threshold.

• Judges may reallocate cases to higher tracks for complex legal points or alternatively to lower tracks if both parties agree.

9.4.1 Small Claims

• Typically heard in private but can also be in public courts.

• Judges possess training to encourage active participation and clarity among parties, and legal representation costs cannot be recovered by the winning party.

9.4.2 Fast Track Cases

• Fast track cases are bound by strict pre-trial timetables to minimize delays and excessive costs.

• Trials are aimed at completion within 30 weeks; however, actual waiting may extend to about 50 weeks. They usually last one day with limited expert testimony.

9.4.3 Multi-track Cases

• Judges manage cases from allocation onwards, ensuring:

  • Early issue identification.

  • Encouragement of ADR usage.

  • Procedural facilitation without court attendance.

  • Timetables established for case progression to minimize costs and ensure prompt hearings.

9.5 Reform of the Civil Courts

• Established in 1999 based on Lord Woolf's recommendations:

  • Advocated for just, fair, and efficient civil justice systems.

  • Addressed improvements needed for accessibility, speed, and cost.

• Reforms launched the current three-track system and emphasized judges' case management responsibilities.

• Post-Woolf Improvements:

  • Enhanced cooperation among lawyers.

  • Reduced wait times for claims, yet some unresolved issues persist including costs, under-resourced courts, and insufficient ADR utilization.

9.5.1 The Effect of the Woolf Reforms

• Litigation culture shifted towards cooperation.

• Improvements noted in waiting times for hearings, yet significant delays still exist (minimum one year for fast track and multi-track claims).

• Increased settlement rates observed but persistent issues include:

  • Low ADR utilization.

  • Rising case costs.

  • Continuing IT limitations.

9.5.2 Further Reforms

• Recent reviews (e.g., by Lord Briggs) have reinforced:

  • A rise in financial thresholds for small claims and fast track categories to reduce trial expenses for lower value claims.

  • Revised Civil Procedure Rules to ensure justice at a proportional cost.

• Lord Briggs' Proposals:

  1. Introduction of a private mediation service in County Court.

  2. Establishment of an Online Court.

9.6 Appeal Routes in Civil Cases

• Appeal options exist post-decision in County or High Court, contingent on the claim's value and originating judge's level.

9.6.1 Appeals from the County Court

• Appeal pathways vary based on the presiding judge:

  • From District Judge to Circuit Judge (Same County Court).

  • From Circuit Judge to High Court Judge.

• Second appeals to the Court of Appeal (Civil Division) require exceptional circumstances for consideration.

9.6.2 Appeals from the High Court

• Typically redirected to the Court of Appeal (Civil Division) from High Court decisions.

• The exceptional 'leapfrog' appeal to the Supreme Court requires national importance or significant importance issues.

9.7 Advantages and Disadvantages of Using the Courts

9.7.1 Advantages of Using the Courts

• Key advantages include:

  1. Fair treatment and impartiality of the judicial process.

  2. Trials led by legal experts resulting in qualified decisions.

  3. Easier enforcement of court decisions.

  4. Available appeal mechanisms for dissatisfied claimants.

  5. Potential access to legal aid, though reduced in recent years.

9.7.2 Disadvantages of Using the Courts

• Key disadvantages include:

  1. High costs exceeding the claims' worth.

  2. Significant delays due to preliminary processes and lengthy waits.

  3. Complexity of procedures and paperwork, making it hard for individuals without legal assistance.

  4. No guarantee of success, adding uncertainty to costs and outcomes.

Summary

• Civil cases occur in either County or High Court.

• Initiation of claims requires submitting form N1.

• If defended, claims are assigned to:

  • Small Claims

  • Fast Track

  • Multi-Track

• Woolf reforms implemented the three-track system and enhanced judicial case management.

• Future proposals include mediation services and the Online Court.

• Various appeal routes exist from both County and High Courts, reflecting the complexity of the civil justice system.

• Advantages of court use highlight fairness and enforceability; disadvantages revolve around costs and delays.