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CIVIL COURTS (SMALL CLAIMS TRACK (As district judges receive training on…
CIVIL COURTS
SMALL CLAIMS TRACK
As district judges receive training on how to handle small claims cases they take an active part in the proceedings.
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The district judge will ask questions and make sure both parties have explained their point sufficiently.
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For this reason, legal funding for solicitors is not available and the parties are encouraged to represent themselves.
Cases under £10,000 or £1,000 for personal injury.
FAST TRACK
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The circuit judge sets a very strict time table for pre trial matters to prevent time being wasted and to keep the cost of the case down.
The hearing is limited to 1 day, therefore restricting the number of witnesses each party can call.
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Used for straight forward cases between £10,000 and £25,000.
INTRODUCTION
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It is hoped that the parties can negotiate in some way to resolve their dispute without going through court.
A civil claim is where one individual takes a case against another because they believe their rights have been infringed.
If a case does have to be resolved by the courts, the two courts that can deal with civil cases are:
The county Court
Cases involve: contract, tort, land, trusts (up to £350,000).
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WHICH COURT?
Damage to property claims below £100,000 start in the County Court
Personal injury claims below £50,000 must start in the County Court.
If the claim is over £50,000 for personal injury or £100,000 for damage the case can be heard in the County or High court (QBD)
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MULTI TRACK
If the claim is under £50,000 the case is usually heard in the county by a circuit judge.
However, if it involves over £50,000 the case is likely to be heard in the high court.
Used for cases where Cs claim is over £25,000 or when the case is more complex.
In multi track cases, the judge actively manages the case from the outset by setting the timetable for hearings such as pre-trial reviews and case management conferences.
HIGH COURT
CHANCERY DIVISION:
Hears disputes concerning: Insolvency: mortgages: trust property: copyright: intellectual property: probate.
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FAMILY DIVISION
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A new family court was created under the crime and courts act 2013 moving most families away from the divisions.
Hears cases concerning family law, disputes over which country's law should apply international family cases under the Hague convention.
QBD
Contract and tort over £100,000 or smaller claims with an important point of law.
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Judicial reviews are heard here to supervise the work of the Government, courts and public bodies.
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ISSUING A CLAIM
They must pay the court fee which costs £35 and increases up to a max £10,000.
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To start a case in a court, the party must complete form N1 and ask court staff for help.
DEFENDING A CLAIM
When D receives the claim form, he can:
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When a claim is defended, it is allocated a track.