Week 3 – Civil Courts Structure Unit 3 – Law for Business Week 3 – Civil Courts Structure Victoria Grace

Introduction Civil courts deal with everyday matters Do not normally involve the police What kind of issues do the civil courts deal with http://www.justis.com/support/faq-courts.html#county (gives info on courts) Victoria Grace

Research activity In pairs choose one of the kinds of law that the civil courts deal with and find out more about it. Explain why it is normally civil law but can in certain circumstances, become criminal law too. Victoria Grace

Small Claims Court Role Set within the County Courts but has a separate procedure Deals with cases brought by people (or firms or other organisations) against other people (firms or organisations), usually involving money Can deal with personal injury only if amounts less than a £1000 Victoria Grace

Small Claims Court Function: People on each side called the parties In many case no solicitors needed Hearing can be public or private Jurisdiction: Civil law only Simple and straightforward from a legal point of view Involving sums of money no greater than £5000 Victoria Grace

County Court Main civil court in England and Wales Mostly small claims work as already mentioned Hearings presided over by a judge Sometimes there may be a fee to pay to the court Victoria Grace

County Court (procedure) Fast track & multi-track are used only when there is complexity to a case or too much money involved to be dealt with by the small claims court. Victoria Grace

High Court Divisions in major cities – main building The Strand – London Deals only with major civil cases (money, publicity, complex) Split into 3 parts CHANCERY DIVISION FAMILY DIVISION QUEENS BENCH DIVISION Victoria Grace

Court of Appeal (Civil Division) C of A split into civil and criminal Apart from Supreme Court highest court of Appeal in England and Wales Deals with appeals from County and High court Victoria Grace

Supreme Court Listens to difficult cases that have not been resolved in the C of A Appeals listened to by a group of Law Lords who are judges Example case; Star Wars! September 08 Victoria Grace

European Court of Justice ECJ is NOT the same as the European Court of Human Rights Roles; to clarify European law for courts in member countries To take action against governments of member countries for failure to fulfil community obligations (e.g. weights and measures) To make a judgement when member countries demand the annulment of an EU regulation, directive or decision To hear appeals against the judgement of the court of first instance Victoria Grace

Case Study What are the advantages and disadvantages of having European courts which can, in certain circumstances, overrule British courts and even the actions of the British Government. Work in pairs and present to the rest of the group using flip chart paper Victoria Grace

Difference First instance Appeal courts Deals with cases which are not appeals i.e. County Court Appeal courts Cases that have been heard but which are re-examined for one of the following; The law was misinterpreted in the first trial New evidence/information has appeared Victoria Grace

Case Study Which court would Susan use to sue her hairdresser? Describe the steps she would have to go through to conduct a claim? What amount would Susan claim in compensation? Victoria Grace

Case Study Have a read through the case study and note down your thoughts on this true event!! September 08 Victoria Grace

RESEARCH ACTIVITY In pairs using the special issue pdf choose two cases and write a summary of each for next session. The following resources may prove useful for any further research and explanation www.thetimes.co.uk, www.justice.gov.uk, www.direct.gov.uk, www.hmcourts-service.gov.uk, law text books Victoria Grace