Civil Procedure and Appeals (:smiley: (Allocation and Courts- Cases are…
Civil Procedure and Appeals
The two main trails courts for civil cases are the County Court and High Court. They are known as courts of first instance,as they are the courts where a case can be tried
Courts which hear appeals are known as appellate courts, such as the Supreme Court & the Court of Appeal
The Track System
Small Claims Track- Under £10,000, County Court, District Judge
Fast Track- £10,000-£25,000, County Court, Circuit judge
Multi-Track- Over £25,000 County Court (or High Court over £100,000) Circuit Judge.
County Court - Is a local court of first instance dealing with wide range of civil cases .
Tort actions- negligence claims for personal injury
Divorce actions and related matters such as children residence and financial claims.
High Court- Court of first instance for high value claims over £100,000 and complex legal issues. It has 3 division and each division has its own divisional court which mainly hears appeals.
Queen's Bench Division- 70 judges Contract and Tort cases . Hears the most cases and deals with all matters not covered by the other divisions. These are mainly cases in Contract and Tort
Allocation and Courts- Cases are allocated to a track and a court how much claim is worth
N1 Claim Form- Standard from which sets out details of claimants claim
Copies- Copies must be provided for the court and the defendant
Costs- Different costs must be paid to issue claim
ADR- Opportunities to try other forms of resolution patricianly in Multipack cases, Negotiation, Mediation,Conciliation and Arbitration
Case Management- Procedure calculate exchange of evident manage points of Law, reduct costs and delays
Burden of proof is on the claimant must proves standard of proof here is on the balance of probabilities