Civil Courts

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Unit 1 - English Legal System

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emilyyoung212
Created by emilyyoung212 almost 6 years ago
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Civil Courts
1 County Court
1.1 Contract and tort claims
1.2 Recovery of land cases
1.3 Disputes over partnerships, trusts and inheritance up to £30,000
1.4 Divorces
1.5 Small claims, fast track and multi track
1.6 Personal injury cases less than £50,000 must be started here
1.7 If claim is smaller than £25,000 must be started here
2 High Court
2.1 3 Divisions
2.1.1 Queen's Bench Division (QBD)
2.1.1.1 Contract and tort cases over £50,000
2.1.1.2 Only multi track
2.1.1.3 Commercial court - insurance and banking
2.1.1.4 Admiralty court - shipping
2.1.1.5 Technology and Construction court - complex building issues
2.1.1.6 Defamation cases must start here
2.1.2 Family Division
2.1.2.1 Divorce/nullity of marriage
2.1.2.2 All cases relating to children
2.1.2.3 Property in divorces
2.1.2.4 Wills
2.1.3 Chancery Division
2.1.3.1 Insolvency
2.1.3.2 Mortgages
2.1.3.3 Disputes relating to property
2.1.3.4 Copyright
3 Claims cases
3.1 Small claims
3.1.1 Up to £10,000
3.1.2 People encouraged to take own cases to keep costs low
3.2 Fast track claims
3.2.1 £10,000 - £25,000
3.2.2 Aim to hear cases within 30 weeks
3.2.2.1 In 2009 average wait was 48 weeks
3.3 Multi-track claims
3.3.1 Above £25,000
3.3.2 Dealt with by a Circuit Judge
4 The Woolf Reforms 1995
4.1 Extended small claims from £75 to £3,000
4.2 Extended fast track claims up to £10,000
4.3 Extended multi-track claims over £10,000
4.4 Made court terminology easier to understand
4.5 Reforms put in reports called Access to Justice
5 Issuing a claim
5.1 Need to fill out an N1 form
5.2 Can get advice from Citizen's Advice Bureau
5.3 Court fees for issuing a claim
5.3.1 £30 for claim up to £300
5.3.2 £108 for claim under £5,000
5.3.3 £230 for claim between £5,000 - £15,000
5.3.4 £800 for claim over £150,000
5.4 If defendant wants to dispute claim they must fill out an N9 form within 14 days
6 Civil Court heirarchy
6.1 European Court of Justice - Supreme Court - Court of Appeal (Civil Division) - Family/Chancery Divisions - High Court - County Court - Magistrates' Court
7 Alternative Dispute Resolution (ADR)
7.1 Negotiation
7.1.1 Completely private
7.1.2 Quick and cheap
7.1.3 High no. of cases settled outside of court
7.2 Mediation
7.2.1 Neutral mediator helps parties reach a solution
7.2.1.1 Consults w/ both parties to find common ground but makes no decisions
7.2.2 Centre for Dispute Resolution - set up in 1991
7.3 Conciliation
7.3.1 Similar to mediation
7.3.2 Plays a more active role - gives opinion and suggests grounds for compromise
7.4 Arbitration
7.4.1 2 different processes
7.4.1.1 1. courts use informal procedure
7.4.1.2 2. parties agree to submit claims to private arbitration
7.4.2 Voluntary submission of parties' dispute to the judgement of someone else
7.4.3 Agreement usually in writing
7.4.4 Very formal
7.4.5 Governed by Arbitration Act

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