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Court Heirarchy and Civil Courts (Types of cases seen in Civil Courts…
Court Heirarchy and Civil Courts
Types of cases seen in Civil Courts
tort law cases
contract law cases
family law cases
company law cases
monetary claims
The Civil Courts
parties are encouraged to resolve the problem outside of court
ADR
repayment of money
rectifying a situation
however, this is not always the case
if a dispute cannot be solved outside of court, then the parties must go through the civil court system
our current Civil Justice System was reformed in 1999 following a report by Lord Woolf
County Court
High Court
family division
chancery
queens bench division
The County Court
around 200 courts
in most major towns
generally cases regarding land, contract, tort, inheritance up to £350k
heard by a Circuit Judge (lower value may be District Judge)
The High Court
based in London, but also in 26 other locations throughout England and Wales
has power to hear any civil case
three divisions
queens bench division
contract and tort over £100k
will hear smaller value if important POL
generally heard by 1 judge
also includes other courts
e.g. Commercial court
chancery division
insolvency, mortgages, trust property, copyright, intellectual property
single judge
family division
family matters, generally only the most important as since 2013 there is a new Family Court
Jurisdiction
each court has a jurisdiction
essentially a specialism
this can effect where a claimants case can go
this can be based on the facts of the case, but also the value involved
e.g. defamation HAS to be QBD
jurisdiction = the area in which they have power
Jurisdiction - financial
high court
£25k+
all defamation cases must be started here
county court
personal injury = less than £50k
£25k or less - case must be started here
claimant has the choice where case sits around £25k mark (county or high)