- Created by: bambam35614
- Created on: 16-01-19 17:15
- Civil Courts deal with non-criminal matters, such as contract, tort and human rights issues.
- THey deal with disputes between individual citiizens and/or businesses.
- The civil justice system was largely reformed in the 1990s. There are two key civil courts: The County Court and the High Court.
- in 1995, Lord Woolf reported 'Key problems facing civil justice today are cost, delay and complexity'
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Jurisdiction of the County Court
- Deals with the majority of civil matters and the enforcement of previous judgments that have not been complied with
- Contract disputes
- Tort actions
- compensation claims for injuries
- some bankruptcy and insolvency matters
- disputes arising under the Equality Act 2010
- defamation cases where all parties agree to County Court jurisdiction
- Simpler system of civil courts post-woolf reforms
- ADR is encouraged, but not always appropriate nor enforced by judges
- Simpler DIY method of bringing a case, generally witha fixed fee
- Small claims court is less formal than main county court
- Solicitor is not need in many cases
- Appeal Routes possible
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Jurisdiction of High COurt
- Both civil cases and criminal cases
- ommon-law business cases in contract
- tort cases involving defamation, trespass, negligence or nuisance
- Judicial review actions
Chancery Division hears:
- Specialist civil cases e.g. company law, patenets etc.
- Professional negligence cases
- competition-law cases
Family Division hears:
- Family-related cases
- Cases involving children under Children Act 1989
- Wardship cases involving custody and day-to-day care of minors
- Clear and Distinct separation of types of law via the three divisions
- Jury Trial possible in Tort cases
- Expensive and time consuming cases can prevent many cases reaching high court
- simplifed and single set of rules governing both the High Court and the COunty Court
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The Three Tracks
- Small claims tracks for straightforward claims of not more than £10,000 or personal injury of not more than £1000
- Fast track for claims between £10,000 and not more than 25,0000
- Multi-track for claims exceeding £25,000 and not more than £50,000
- High court for more complex claims over £50,000
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- A first appeal from a decision of the small claims court or the fast track is heard by a next-level judge e.g. District Judge -> CIrcuit Judge.
- It is possible to appeal from circuit judge to High court juge.
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