Civil Courts and Appeals

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  • Created by: debbieoxt
  • Created on: 14-05-18 16:53
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  • Civil Courts and Appeals
    • County Court
      • Lowest civil court
      • Around 200
      • Main areas of jurisdiction are all contract and tort claims, all cases for the recovery of land and disputes of equitable matters such as trusts up to a value of £350,000
      • District and circuit judges
    • High Court
      • Based in London but has judges sitting in several towns and cities throughout England and Wales
      • Has jurisdiction to hear any civil case
      • Queen's Bench Division
        • Deals with contract and tort cases where the amount claimed is over £50,000, also deals with appeals.
      • Chancery Division
        • Deals with enforcement of mortgages and copyrights and patents.
      • Family Division
        • Hears family cases. Crime and Courts Act 2013 created a new separate family court.
      • Appeals
        • Usually goes to the Court of Appeal but in rare cases there may be a  frog/ appeal direct to the Supreme Court. It must involve a point of law of general public importance. Need leave to appeal. From CoA, you can go to Supreme court with leave.
    • Small claims
      • Under £2500
      • County court
      • Encouraged to not use representation
      • No legal funding available
      • District judge
    • Fast track claims
      • Claims between £10,000 and £25,000
      • County court, circuit judge
      • Must stick to a strict timetable
      • Aim to have the hearing within 30 weeks (50) and is limited to one day with one expert witness
    • Appeals from County Court
      • If the case was heard by a District judge, the appeal is to a circuit judge in the same court. If by a Circuit judge, then High Court judge
        • Can appeal to the Court of Appeal
  • Multi-track cases
    • County or High court
    • £25,000 or more
    • Judge should encourage ADR if appropriate
    • High Court
      • Based in London but has judges sitting in several towns and cities throughout England and Wales
      • Has jurisdiction to hear any civil case
      • Queen's Bench Division
        • Deals with contract and tort cases where the amount claimed is over £50,000, also deals with appeals.
      • Chancery Division
        • Deals with enforcement of mortgages and copyrights and patents.
      • Family Division
        • Hears family cases. Crime and Courts Act 2013 created a new separate family court.
      • Appeals
        • Usually goes to the Court of Appeal but in rare cases there may be a  frog/ appeal direct to the Supreme Court. It must involve a point of law of general public importance. Need leave to appeal. From CoA, you can go to Supreme court with leave.

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