civil process
- Created by: cdunkin
- Created on: 06-01-23 10:41
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- THE CIVIL PROCESS
- county court
- can try most civil claims up to £100,000 in value
- negligence cases
- nuicsance
- tresspass
- since the Crime and Courts Act 2013 there has been one in england and wales sitting in 500 centres
- high court
- heard in open court
- heard by a single judge
- judges will be assigned to either the Kings bench Division, chancery ahnd Family divisions
- only hear cases relating to the division the judge works in
- judge reads case papers before the hearing and can hear evidence and legal arguments in court
- judge will decide liability (verdict), any compensation available and who pays the cost of the case
- The Queens Bench Division
- largest of the 3 divisions
- has the jurisdiction to hear a wide range of cases including contract and tort claims over £100,000 and smaller if there is a complicated point of law
- specialist courts = the administrative court, the Circuit commercial courts and case stated appeals in criminal cases
- the administrative court = hears applications for judicial review and applications for habeas corpas
- case stated appeals in crimnal cases are decided in the magistrates court or crown court
- The Chancery division
- has jurisdiction to deal with
- disputes relating to business, property or land where over £100,000 is in issue
- disputes over trusts
- contentious probate claims
- disputes about partnership matters
- specialist courts = Insolvency and Companies list
- has jurisdiction to deal with
- Family Division
- cases are heard in private as they may be delaing with sensitive matters
- jurisdiction to hear
- cases where a child is to be made a ward of the court
- cases relating to the welfare of children under the Children Act 1989
- appeals from lower courts and complicated family cases transferred from the County Court
- county court
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