Civil courts and appeals
County courts
Jurisdiction to hear
District and county court judges
contract, tort, recovery of land to any value
partnerships, trusts, and inheritance up to £30000
divorce and bankruptcy
Small Claims, Fast Track and some Multi Track matters
Hight court
3 divisions
Chancery division
Family division
Queens bench division
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Involves contract and tort matters, where the claim for damages is over £50000 and some from £25000 (multi-track). The claims involve issues such as:
personal injury
negligence
breach of contract
Involves work of
business and property related disputes
competition
Intellectual Property claims (copyright, patent, design)
insolvency claims
probate claims
Deals with family matters
Children Act 1989 cases
Cases under the Child Abduction and Custody Act 1985
Matters under the Adoption Section Inheritance Act 1975
Probate and Court of Protection work
3 different tracks
Fast Track
Multi-track
Small claims
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Cases up to £10,000
£1,000 for personal injury
Heard in the County Court by a District Judge
Strict time allowed – between 2 and 3 hours max with limited number of witness.
Cases between £10,000 to £25,000
Cases are heard in the County Court before a District Judge
Time allocated will be one day and limited number of witnesses
Cases to the value of between £25,000-£50,000
Start in the County Court before a Circuit Judge
Will be sent to the High court if case involves complex points or is for +£50,000
A strict timetable will be set including what must be disclosed, witnesses will be used and time
Civil Courts -first instance
A court of first instance is the court where a case has its first hearing
County and high courts=civil courts of first instance
Advantages
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Disadvantages
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Fair Process - the judge will ensure that each party is treated fairly
Legal Experts - lawyers are used in courts
Enforcement - the loser will be required to pay or face further consequences
Appeals. There is a system of appeals that can be utilised
Possibility of legal funding (or other forms eg no win no fee)
Strict timetables laid so parties no what is required and how long it will take
Multi-track etc includes the need for disclosure before the case meaning all parties are equipped with all relevant information before the case starts
There will be a winner
Adversarial nature of the court - winner, loser scenario not compromise
Expensive – very little funding available
Complicated - the court system remains complicated to everyday people
Still very time consuming despite timetables and case management
Judges are not technical experts therefore their legal knowledge may not assist
Complexity of cases, procedure etc
No guarantee of payment – may need to pay more for enforcement