1. Civil Court System by Lisa Incledon

2. Terminology… Civil cases involve individuals or organisations, rather than the state and an individual. Civil cases involve individuals or organisations, rather than the state and an individual. Parties are called: Parties are called: Claimant Claimant Defendant Defendant If there is an appeal: If there is an appeal: Appellant Appellant Respondent Respondent

3. Civil Procedure Rules 1998 Rule 1: the ‘overriding objective’ is – Rule 1: the ‘overriding objective’ is – enabling the court to deal with cases justly. enabling the court to deal with cases justly. What does this involve? What does this involve?

4. Overriding Objective of CPR Ensuring parties are on an equal footing Ensuring parties are on an equal footing Dealing with cases proportionately to: Dealing with cases proportionately to: Amount of money involved Amount of money involved Importance of the case Importance of the case Complexity Complexity Ensuring cases are dealt with fairly and efficiently Ensuring cases are dealt with fairly and efficiently

5. The Courts The two courts which hear civil cases at first instance are: The two courts which hear civil cases at first instance are: County Court County Court High Court High Court What does first instance mean? What does first instance mean?

6. Starting a case… When can a claimant start a case in the High Court (rather than County Court)? When can a claimant start a case in the High Court (rather than County Court)? How do you start a case? How do you start a case? What can a defendant do once a claim has been brought against them? What can a defendant do once a claim has been brought against them?

7. Allocation The Civil Procedure Rules include the three-track system: The Civil Procedure Rules include the three-track system: Small Claims track Small Claims track Fast track Fast track Multi-track Multi-track

8. County Court Single entity operating in 216 separate locations. Single entity operating in 216 separate locations. County Court can try small claims, fast track and multi-track cases. County Court can try small claims, fast track and multi-track cases.

9. Small Claims Track What is the maximum value of a claim on the small claims track? What is the maximum value of a claim on the small claims track? Quicker, cheaper and simpler than the other tracks. Quicker, cheaper and simpler than the other tracks. Parties are encouraged to represent themselves to keep costs to a minimum. Parties are encouraged to represent themselves to keep costs to a minimum. What are the advantages and disadvantages of the small claims track? What are the advantages and disadvantages of the small claims track?

10. Fast Track Which claims are dealt with in the fast track? Which claims are dealt with in the fast track? Features of the fast track include: Features of the fast track include: Timetable/case management by judge Timetable/case management by judge Claims to be disposed of in one day Claims to be disposed of in one day Hearing should be within 30 weeks of judge’s directions Hearing should be within 30 weeks of judge’s directions Usually limited to one expert Usually limited to one expert Has the introduction of the fast track improved the civil court procedure? Has the introduction of the fast track improved the civil court procedure?

11. Multi-track Which claims are dealt with on the multi-track? Which claims are dealt with on the multi-track? Heard by Circuit Judge who will also be expected to manage the case and set timetables. Heard by Circuit Judge who will also be expected to manage the case and set timetables. Can ask parties to try alternative dispute resolution (ADR) and stay proceedings whilst they do so. Can ask parties to try alternative dispute resolution (ADR) and stay proceedings whilst they do so. Which court(s) could these cases be heard in? Which court(s) could these cases be heard in?

12. High Court The High Court has three Divisions which: The High Court has three Divisions which: Act as a court of first instance Act as a court of first instance Have a Divisional Court which hears appeals Have a Divisional Court which hears appeals What are the three Divisions? What are the three Divisions? What areas do they focus on? What areas do they focus on?

13. Appeals What are the appeal routes from the: What are the appeal routes from the: County Court? County Court? High Court? High Court? Complete the flow chart with each of the main appeal routes. Complete the flow chart with each of the main appeal routes.

14. Appeals Some cases in the County Court have specific appeal routes: Some cases in the County Court have specific appeal routes: Family cases in the County Court Family cases in the County Court → Divisional Court of the Family Division Bankruptcy and land law cases Bankruptcy and land law cases → Divisional Court of the Chancery Division