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Civil Courts (first instance) and Civil Appeals - Coggle Diagram
Civil Courts (first instance) and Civil Appeals
Making a Claim
The N1 Form
Used to make a claim against a person or organisation to settle a dispute.
The N150 Form
Used to determine how the case should be allocated.
Three Tracks
Small Claims Court
2- The court used is the County Court.
3- The judge used is the District judge
1- The value of the claim must be under £10,000 and under £1,000 for personal injury.
4- The approach used is the inquisitorial approach (where the court or part of the court helps to investigate the case facts).
Fast Track Cases
2- The court used is the County Court.
3- The judge used is the Circuit judge.
1- The value of the claim is between £10,000-25,000 and between £1,000-25,000 for personal injury.
4- The approach used is a 30 week timetable and the court hearing is limited to 1 day.
Multi-track Cases
2- Up to £50k the court used is a County Court, over £50k the court used is a High Court.
3- Up to £50k the judge used is a Circuit judge, over £50k the judge used is a Puisne judge.
1- The value of the claim must be over £25k or be a more complex case.
4- No limits on experts and no timetable on trial.
Jurisdiction of the Civil Courts
County Court
Usually they hear contract disputes, tortious actions and compensation claim cases
Deals with the majority of civil matters and enforces previous judgments.
High Court (3 divisions)
Chancery Division
- Hears specialist civil cases, this includes company law, patents and contentious probate cases.
Family Division
- Hears family relates cases (cases involving children under the children act 1989)
Queens Bench Division
- Hears both civil cases (especially contract and tort) aswell as criminal cases.
Appeals
It is possible that a second appeal occurs from the circuit or high court to the court of appeal- this only happens with the court of appeals permission.
An appeal from the multi-track no matter the judge is to the court of appeal. However an appeal from the high court can "leapfrog" to the Supreme Court where a point of public importance is present.
A first appeal from a decision of the small claim or fast track is held by the next level judge.
A further appeal from the court of appeal to the Supreme Court can be made but requires permission.
Overall Evaluation
Civil Courts
Enforcement- The loser will be required to pay or face further consequences which can act as a deterrent.
Adversarial nature of the court- There must be a winner and a loser, there is no compromise.
Appeals- The appeal system allows for people to try and reach a fair judgement if they believe they have been wronged.
Expensive- There is very little funding avavialbe meaning people don't get the justice they deserve. Very cost consuming.
Fair Process- the judge (who is impartial) will ensure each party is treated fairly and cases that are similar are treated alike.
Complicated- The use of different tracks and the appeal system can be very confusing to someone who knows nothing about it.