AS Level Law Machinery of Justice Civil Process

AS Level Law What you need to know:  the staffing and jurisdiction of the civil courts.  the civil process, including the three-track system and appeals.  the relationship between the English Courts and the European Court of Justice. What you need to discuss: the effectiveness of the Woolf reforms to civil justice

AS Level Law The Civil Courts (diagram)diagram House of Lords - Lord Chancellor + Law Lords - almost exclusively appellate business (mostly civil) Court of Appeal - Master of the Rolls (civil) and Lord Chief Justice (criminal) + Lord Justices of Appeal - exclusively appellate jurisdiction High Court - Lord Chief Justice (Queen’s Bench), Vice-Chancellor (Chancery) and President (Family) + High Court judges - principal jurisdiction:

AS Level Law  High Court (Queen’s Bench Division) - large value contract and tort claims  Queen’s Bench Divisional Court - judicial review  High Court (Chancery Division) - land, trusts, contentious probate, commercial  Chancery Divisional Court - taxation and land registration appeals  High Court (Family Division) - matrimonial, family, non-contentious probate  Family Divisional Court - appeals in family matters from mags

AS Level Law County Court - circuit judges and district judges - civil trials of lesser value contract and tort claims - also undefended divorces magistrates’ court - lay magistrates and district judges - principal civil jurisdiction - minor family matters; some statutory debt; licensing

AS Level Law Civil Process and the 3-Track System 3-track system since implementation of Woolf reforms in April 1999 (following Access to Justice report [1996])Woolf reformsAccess to Justice overriding objective = justice, efficiency & proportionality pre-action protocols - encourage early settlement without litigation (serious costs implications if either party unreasonably fails to make/accept offer to settle) if no early settlement, claimant must issue claim form (less than £15,000 (£50,000 if PI) in county court, otherwise in High Court – can transfer straightforward cases to county) – new on-line option for money claimson-line option

AS Level Law if defence filed, parties sent allocation questionnaire to assist procedural judge in allocating case to appropriate track: small claims track - £5,000 or less (£1,000 if PI) - informal procedures, professional representation discouraged fast track - £5,000-£15,000 (£1,000-£15,000 if PI) and trial not expected to last more than one day multi-track - £15,000+ and lower value claims of unusual complexity - judge acts as trial manager to ensure efficient progress

AS Level Law Woolf reforms – an evaluation unified Civil Procedure Rules have reduced complexity, but have been subject to frequent amendment reduced number of claims and encouraged early settlement – pre-action protocols and shift to ADR successful – less adversarial culture ? position on costs unclear – ‘frontloading’ costs onto pre-trial stage  trial phase more efficient but some lawyers delaying claim?  delays in introducing necessary IT  enforcement proceedings still complex and inefficient

AS Level Law Appeals in Civil Proceedings guidance on new procedures in Tanfern Ltd v Cameron Macdonald [2000]:Tanfern Ltd v Cameron Macdonald generally appeal lies to next level of judge in hierachy generally permission is required (not for appeal from district judge/small claims) must have real prospect of success or some other compelling reason allowed if lower court’s decision wrong or unjust due to serious procedural irregularity

AS Level Law second appeal to Court of Appeal only possible if Court of Appeal considers case raises important point of law or some other compelling reason appeal from Court of Appeal to House of Lords with permission of either court. Permission only likely to be granted if case involves point of law of general public importance

AS Level Law UK Courts and the CJEU where a question of EU law arises, English courts may refer that question to the CJEU for a preliminary ruling. The English court will then decide the case in light of that ruling therefore, CJEU interprets EU law, national courts apply it under Art.234 of the Treaty of Rome, any court may make a reference where a ruling is necessary to enable it to give judgement

AS Level Law where the court is one from which there is no appeal, then in such circumstances it must refer the question to the CJEU in deciding whether a ruling is necessary, English courts use the Bulmer v Bollinger guidelines - e.g. not necessary where:  CJEU has previously ruled on the same point  point is reasonably clear and free from doubt (the acte clair doctrine)

AS Level Law Revision Headings: Courts  - Staffing Courts  - Jurisdiction Courts  - Civil Process & 3 Track System Courts  - Civil Appeals Courts  - English Courts & CJEU

AS Level Law Test Questions: Using your cards, you should now be able to write a short paragraph in response to each of the following questions: Describe the staffing and jurisdiction of the civil courts. Describe the three-track system and the appeals process in civil cases. describe the relationship between the English Courts and the European Court of Justice

AS Level Law Useful Websites: The Court Service websiteCourt Service The Civil Justice Council websiteCivil Justice Council A useful summary of the Woolf reforms of the civil courtsWoolf reforms The judicial work of the House of Lordsjudicial work of the House of Lords