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The Civil Courts, (County Court (Main areas of juristiction (Contract…
The Civil Courts,
County Court
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Evaluation
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Small Claims Court is less formal than the main court w/ a District judge taking an active role in setting time limits and asking questions
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£100,000 (£50,000 PI) or less
Civil Appeals
If an appeal from the Small Claims or Fast Track is heard, it will be by a next level judge - District --> Circuit --> High Court
An appeal will then go from a Circuit/High Court Judge to the CoA (Civil Division) in exceptional circumstances or w/ CoA leave
Appeals from the multi-track will go straight to the CoA despite being heard by either a District or Circuit Judge
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In rare circumstances, a High Court Appeal can 'leapfrog' the CoA to the SC if it is of public importance
From the CoA, an appeal can be made to the SC if given leave by either court
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Lord Woolf Reforms
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'Key problems facing the Civil Justice System are cost, delay and complexity'
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Result of the Reforms
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'Track' system in the County Court to put claims into a hierarchal order based on the value of the claim
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High Court
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3 Divisions
Queen's Bench Division
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Contract and tort cases over £100,000
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Single judge - 12 jury for fraud, malicious slander, false imprisonment
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Pre-Trial Procedures
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Pre-action Protocols
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There is a list of things to be done and if this is not followed or info is not shared, a party may be liable for certain costs
Which Court?
£100,000 (£50,000 PI) or less = County
£10,000 (£1,000 PI) or less = Small Claims Track
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Issuing a Claim
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D can either dispute the claim w/ form N9 or pay the full amount. If he does neither, C can ask the court to make an order that D pays
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Evaluation
Advantages
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Enforcement of the court’s decision is easier as any decision made by a court can be enforced by the courts
There is an appeal process with specific appeals routes from decisions made by the courts and it is usually possible
It may also be possible to get legal aid although this has been considerably reduced for civil cases recently
Disadvantages
Cost - They are often more than the amount claimed, hundreds and thousands of pounds in the High Court but this is true for smaller claims
Delay - There are many preliminary stages that add length to the case. Even after the case is set down, there is still a long wait, lasting years
Complicated Process - there are many compulsory steps to be taken before the case starts e.g. information giving and pre-action protocols. When a case starts, forms must be filled and there are set procedures to follow, all set out in the CIvil Procedures Rules, making it complicated for an ordinary person to take a case without legal aid
Uncertainty - there is no guarantee of winning. A loser may have to pay the other side’s costs making it difficult to know how much it will cost in advance. Delays add to this and the cos