1. AS Law
Civil Courts

2. Civil Courts Main points to learn: Jurisdiction of County Court
Jurisdiction of High Court
Routes of Appeal
Appellate Courts

3. Going to court is the last resort
Reasons for Negotiation:
Courts are expensive - e.g. courts & lawyers fees
A court case should be seen as a last resort
Even if you win – other side may not be able to pay
Complicated cases take time and cost a lot
Less than 5% of all civil proceedings get to court hearing

4. The Civil Courts
Magistrates’ Courts: have limited civil jurisdiction e.g. family proceedings and welfare of children
County Courts
The High Court
Tribunals: deal with a wide range of civil disputes, including immigration, employment and social security

5. The Civil Court Structure
Which Court to use if you do decide to bring a claim?
Two main civil courts at first instance: the County Court and the High Court
The court a case will be heard in will depend on the, subject matter on the case, the seriousness of the case and the amount of money involved

6. Activity 1 From the textbook write down:
What happens before you start a court case
How to issue a claim
How to defend a claim

7. Allocation of cases
Following the new Civil Procedure Rules, all cases will be allocated to three tracks depending on value of claim:
Small claims track
Fast track
Multi track
Judge in High or County Court decides which track to use with help of allocation questionnaire filled out by claimant and defendant, once the defence has been served

8. Summary: CPR, Part 26.6 High Court County Court
Multi Track (over £25,000 if started in High Court and over £50,000)
County Court
Small Track (under £5,000 and Personal Injury and Housing Repairs under £1000)
Fast Track (£5,000 -£25,000)
Multi Track (over £25,000 or complex cases of lower value)

9. The County Court: jurisdiction
The County Court can try nearly all civil cases such as:
Contract claims (e.g. failure to pay agreed amount)
Tort claims (personal injury through negligence)
Land law cases
Partnerships, trusts and inheritance disputes up to £30,000
Personal Injury up to £50,000
Some County Courts also have jurisdiction to hear:
Divorce cases
Bankruptcy cases
Admiralty cases (normal limit £5,000 or £15,000 for salvage cases)
Matters under Race Relations Act 1976
These cases can be small claims, fast track and multi-track
Cases heard in open court, members of public can attend unless hearing on family matters or proceedings under the Children Act 1989
Cases heard by Circuit Judges or District Judges if case lower-value and in rare cases, jury of 8 may sit with the judge
Claimants and defendants will usually be represented by a solicitor (or even a barrister) and the winner of a case may claim costs (EXPENSIVE!)

10. Small Claims Procedure
For claims worth less than £5,000
Cases heard by District Judge
 Quicker, cheaper and simpler than using the main County Court
 Parties are encouraged to represent themselves to keep costs to a minimum

11. Activity 2
List the advantages and the disadvantages of small claims from the textbook

12. Fast Track Cases
Cheaper and faster method of dealing with claims worth between £5,000 and £25,000
Cases tried either by District Judge or Circuit Judge depending on complexity
Court sets a strict timetable for pre-trial matters
Maximum delay of 30 weeks between directions and trial
Hearing is limited to one day only and usually only one expert witness allowed
Trail will be heard in an open court with more formal procedure than for small claims

13. Activity 3
From the textbook, explain why the idea of fast track was brought in and whether it has been successful

14. Multi-Track Cases
For claims worth more than £25,000 and those that raise complex points of law
Dealt with by Circuit Judge
Judge will “direct” the case and can set timetables according to the needs of the case
Trial lasts more than one day and maybe involve multiple witnesses
Claims over £50,000 may be sent to High Court

15. The High Court Power to hear any civil case
But concentrates on claims over £25,000, personal injury claims over £50,000 and any other multi-track claims
Defamation actions must be started in the High Court
Cases usually tried by a single judge
Right to jury of 12 trial for fraud, libel, slander, malicious prosecution and false imprisonment
Could be up to three years or longer between issuing claim form and trial
Very expensive, as cases complex, last a long time and involve lawyers

16. High Court Divisions
The High Court has three divisions, each hearing certain types of case:
Queen’s Bench Division
Contract and tort over £50,000 and some from £25,000
Includes Commercial Court, Admiralty Court and Technology and Construction Court and Judicial Review
President is called Lord Chief Justice
Chancery Division
Insolvency, mortgages, trust property disputes, copyright and patents, intellectual property and probate disputes
Head of Division is called the Chancellor of the High Court
Family Division
Children Act 1989 cases, and other family matters
Head of Division is the President

17. Activity 4 Using the textbook:
Complete the activities on page 23 of OCR Law for AS
Produce a written list of the key reforms recommended by Lord Woolf
In your own words, summarise the comments of Jacqueline Martin on page 24

18. Appellate Courts
Appeal – is an application to a higher court to seek to overturn a judgment or order (or part of a judgment or order) of a lower court or tribunal
The main appellate courts are:
The Divisional Courts (of the High Court)
The Court of Appeal (Civil Division)
The Supreme Court

19. Divisional Courts
Each division of High Court has a Divisional Court with power to hear from inferior courts and tribunals
Most important is QB Divisional Court, it has two main functions:
Hears criminal appeals by way of case stated from Magistrates’ Court
Judicial review cases (looks at actions of inferior courts and tribunals and also at decisions of public bodies and Government Minister)
Chancery Divisional Court: appeals on payments of tax from Tax Commissioners and bankruptcy cases appeals from County Courts
Family Divisional Court: appeals from Magistrates’ courts on family matters

20. Court of Appeal (Civil Division)
Mainly hears appeals from all three divisions of the High Court, the County Court (for multi-track cases) and some tribunals such as Land and Immigration
Permission to appeal is required, either from the lower court where the decision was made or from the Court of Appeal
Permission granted where a case would case a real prospect of success or there is another compelling reason
Permission not required where liberty of individual is in issue e.g. appeal against committal to prison for breaking an injunction

21. House of Lords Used to be final court of appeal in our legal system
Abolished to enhance independence of judiciary from government and parliament

22. The Supreme Court
In October 2009, The Supreme Court replaced the Appellate Committee of the House of Lords as the highest court in the United Kingdom
Consists of 12 Justices who are now separate from Government and Parliament
The Court hears appeals on arguable points of law of the greatest public importance, for the whole of the United Kingdom in civil cases

23. Permission to appeal to Supreme Court
The Supreme Court cannot consider a case unless a relevant order (permission) has been made in the Court of Appeal and it itself has also given permission to appeal
Appeals to the Supreme Court are rare, as it is difficult to get permission to appeal
Exceptionally, the Supreme Court may entertain a "leapfrog" appeal, that is, an appeal direct from the High Court

24. Appeals from the County Court and the High Court
Appeal routes from County Court are governed by Part 52 of Civil Procedure Rules
European Court of Justice
Any English Court on point of European law under Art. 234 Treaty of Rome
High Court Judge
Court of Appeal (Civil Division)
Circuit Judge
Case heard by District Judge
(fast track case)
Case heard by Circuit Judge
The Supreme Court
Leapfrog appeal
Point of law of general public importance; and
Supreme Court gives permission to appeal
Multi – track cases

26. Answers to Activity 1 What happens before you start a court case
Negotiation
Pre action protocol
Exchange of letters
How to issue a claim
Form N1 + court fee
How to defend a claim
Admit and pay full amount
Deny and dispute
Acknowledgement of service (Form N9) or defence within 14 days of receiving claim; or
Acknowledge claim in 14 days and serve defence in another 14 days
If neither of this is done, claimant can ask court for money and costs (an order in default)