Courts, Tracks and Appeals (Civil)

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Three Tracks

Small Claim

  • Claim less tha £5,000 (£1,000 for personal Injury)
  • Heard in the County Court

Fast Track Claim

  • Claims between £5,000 and £25,000
  • Heard in the County Court

Multi Track Claim

  • Claims for over £25,000 or for complex cases
  • County Court/High Court
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County Court

  • Try nearly all civil cases
  • Main areas:
    • Small claims
    • Fast track
    • Multi track
    • All contact and tort laws
    • All cases for the recovery of land
    • Disputes over partnerships, trust and inheritance up to £30,000
  • Heard by Circuit Judge or a District Judge
  • Personal Injury up to £50,000 will be heard in the County Court
  • If claim is under £25,000 it will be heard in the County Court

their procedures are governed by the County Courts Act 1984

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Appeals from the County Court

  • Always a possibility to appeal
  • Different appeal routes from county court and high court
  • Value of the claim and judge who heard the cae affects which appeal route should be used

First Appeals

Circuit Judge > District Judge        District Judge > High Court Judge

Second Appeals

Always to the Court of Appeal (Civil Division)
Only allowed in exceptional cases (Access to Justice Act 1999)

For cases over £25,000 which have been dealth with as Multi track claims

Multi-Track > Court of Appeal (Civil Division) > Supreme Court (Second Appeal)

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Appeals from the High Court

  • From a decision in the High Court, appeal usually goes to the Court of Appeal (Civil Division) and then further appeals to the Supreme Court.
  • Rare Cases:
    • May be a 'Leapfrog' straight to the Supreme Court (Administration of Justice Act 1969)
    • Such an appeal much include a point of law of general public importance, which is either concerned with:
      • Interpretation of a statute
      • where there is a binding precedent of the court of appeal or supreme court
      • previous decision of the HL which trial judges must follow
  • Supreme court must give permision to appeal
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