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Civil Courts (Figures)

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Page 1: Civil Courts (Figures)

7/17/2019 Civil Courts (Figures)

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Civil Courts

Civil claims arise when an individual or aCivil claims arise when an individual or a

business believes that their rights have beenbusiness believes that their rights have been

infringed in some way.infringed in some way.

Some of the main areas of civil law areSome of the main areas of civil law are

contract, tort, family, employment, andcontract, tort, family, employment, and

company law.company law.

Civil courts

UK SupremeCourt

Court of Appeal

(Civil Division)

High Court

QBD; Family;Chanery

County Court

Issuing a claim

•claim form called ‘N1.claim form called ‘N1.• photocopyphotocopy•!he form is ta"en to!he form is ta"en to

the court office and athe court office and a

fee is paid.fee is paid.

#efending a claim

#efendant can$#efendant can$

•admit the claim and payadmit the claim and pay

the full amountthe full amount•The defendant mayThe defendant may

dispute the claim. mustdispute the claim. must

send an Form N9 or asend an Form N9 or a

defence to the courtdefence to the court

within 14 days ofwithin 14 days of

receiving the claimreceiving the claim•neither of these things,neither of these things,

claimant can as" theclaimant can as" the

court for order thatcourt for order that

defendant pays moneydefendant pays money

and costs claimed % anand costs claimed % an

order in default.order in default.

•Once a claim isOnce a claim is

defended, the court willdefended, the court will

allocate the case to theallocate the case to the

most suitablemost suitable ‘track’ ‘track’  ororway of dealing with it.way of dealing with it.

 &llocation of trac"s

decision on trac"'decision on trac"'

made by the #istrictmade by the #istrict

(udge in the County(udge in the County

Court or the )asterCourt or the )aster

in the *igh Court.in the *igh Court.

!he trac"s are$!he trac"s are$

!he small claims!he small claims

trac"trac"

!he fast trac"!he fast trac"!he multi'trac"!he multi'trac"

Small claims

+sed for disputes under+sed for disputes under

-,, personal in/ury and-,, personal in/ury and

housing 1,housing 1,

County Court % #istrict (udgeCounty Court % #istrict (udge

0ast trac"

-, to -, 2+! if-, to -, 2+! if

comple3 ' County Courtcomple3 ' County Court

)ulti trac"

Circuit /udge' County CourtCircuit /udge' County Court

+sually 1-, to -,+sually 1-, to -,

*igh Court*igh Court

+sually over -,+sually over -,

4rocedures

 &ppeal routes' high court

House of !or"s

Court of Appeal (Civil Division

High Court‘Leapfrog’Appeal

 &ppeal routes' county court

5ole of the5ole of the

County CourtCounty Court

Civil cases all come here first.Civil cases all come here first.

!he main types are$!he main types are$

 &ll contract and tort claims6 &ll contract and tort claims6

 &ll cases for the recovery of &ll cases for the recovery of

landland

#isputes over trusts,#isputes over trusts,

partnerships and inheritancepartnerships and inheritance

up to 7,.up to 7,.

!hey try cases in all three!hey try cases in all three

trac"s and has a highertrac"s and has a higher

wor"load than the *igh Court.wor"load than the *igh Court.

)ost cases are heard in)ost cases are heard in

public courts e3cept familypublic courts e3cept family

related cases.related cases.

!he winning party may claim!he winning party may claim

costs against the losing partycosts against the losing party

and this would include theand this would include thecosts of legal representation.costs of legal representation.

5ole of the *igh5ole of the *igh

CourtCourt

Queen’s Bench ivisionQueen’s Bench ivision•contract and tort cases that are usually overcontract and tort cases that are usually over

-,.-,.

!hancery ivision!ha

ncery ivision

!his division is mainly concerned with insolvency,!his division is mainly concerned with insolvency,mortgages, trust property, probate and copyrightmortgages, trust property, probate and copyright

and patents.and patents.

Cases in this court are heard by a single /udge.Cases in this court are heard by a single /udge.

Family ivisionFamily ivision

!his division is mainly concerned with wardship!his division is mainly concerned with wardship

cases, all cases coming under the Children &ctcases, all cases coming under the Children &ct

1898, defended divorces and nullity of marriages.1898, defended divorces and nullity of marriages.

ivisional !ourtsivisional !ourts

:ach division of the *igh Court also has a:ach division of the *igh Court also has a

divisional court above it that has appellatedivisional court above it that has appellate

 /urisdiction. !he divisional court for the ;2# the /urisdiction. !he divisional court for the ;2# the

 &dministrative Court also hears cases for /udicial &dministrative Court also hears cases for /udicialreview.review.

The "verriding "#$ectiveThe "verriding "#$ective

!he 1st rule of the C45 lays down an!he 1st rule of the C45 lays down an

overriding ob/ective which is to underpin theoverriding ob/ective which is to underpin the

whole system. !his overriding ob/ective is thatwhole system. !his overriding ob/ective is that

the rules should enable the courts to deal withthe rules should enable the courts to deal with

cases ‘/ustly. !his prevails over all other rulescases ‘/ustly. !his prevails over all other rules

in case of a conflict.in case of a conflict.

!hese are the methods<ways of resolving a

dispute without the need to go to court. !he main

ways<methods of &#5 are$ Negotiation <

Conciliation < )ediation < &rbitration 

 &#5

Circuit /udges sit cases in the CrownCourt and in the County Court.

#istrict /udges' *ears civil cases in the

County Court, and criminal cases in the

)agistrates

Court hearings are not always the

best methods of resolving a dispute,and their disadvantages mean that,

for some types of problem, &#5 may

be more suitable.

0ollowing =ord >oolfs reforms of

the civil /ustice system, &#5 should

play a more important role in solving

all types of civil disputes.

%ro#lems with court hearings

!he adversarial process,

!echnical cases,

Infle3ible,Imposed solutions,

4ublicity.