What cases are exclusively allocated to the county court?
1 Claims for regulated agreements and transactions under the Consumer Credit Act AND applications for relief from forfeiture
2 Claims under the right to buy legislation in Housing Act 1985 and secure tenancies under the Housing Act 1985 AND Applications under the Rent Agriculture Act 1977
3 Claims for regulated agreements and transactions under the Consumer Credit Act AND Claims for regulated agreements and transactions under the Consumer Credit Act
4 Claims for regulated agreements and transactions under the Consumer Credit Act AND claims for unlawful discrimination under 25,000 pounds
What Claims should be brought in the County Court?
(a) i.applications under right to buy PART V of Housing Act 1985
ii. applications in respect of secure tenancies under Part IV of the Housing Act 1985
iii. applications for tenants and landlords under the Rent Act 1977
iv. applications under the Rent (Agriculture) Act 1976
(b) i. applications in respect of secure tenancies under Part IV of the Housing Act 1985
ii. Regulated agreements and transactions under the Consumer Credit Act below 25,000
iii. applications for tenants and landlords under the Rent Act 1975
iv. claims for recovery of land below 5000
(c) i. applications for compensation for a defective search certificate under the Land Charges Act 1975 over 5000
ii. Applications under the Landlord and tenant act 1954
iii. applications for tenants and landlords under the Rent Act 1977.
iv. actions which concern the title to any toll or fair, market or franchise
(d) i. Regulated agreements and transactions under the Consumer Credit Act over 25,000
ii. contentious probate proceedings below 30,000
(e) Claims for assured and assured shorthold tenancies under the Housing Act 1988.
What claims NEED to go to the High court in this list?
1 Actions for libel and slander
2 Proceedings to vacate land charges under the Land Charges Act 1976 under 30,000
3 Contentious probate proceedings over 30,000
4 Actions in which the title to any toll, fair, market or franchise is in question if the parties don't agree to the CC.
5 General equitable jurisdiction claims(administration of estates, execution of trusts, and proceedings for specific performance) under 30,000
6 Applications for relief from forfeiture
7 Applications for judicial review
8 Admiralty claims for salvage over 25,000
9)Human rights claims
10)Parties agree that the CC is fine in an action in which the title to any toll, fair, market or franchise is in question
What concurrent jurisdiction claims are limited to 30,000 in the HC?
1) a.Claims under various provisions of the LPA 1925 such as applying for requisitions in conveyancing under s49
b. Claims under contract
c. contentious probate proceedings
2) a. Proceedings to vacate land charges
b. Applications under the Landlord and Tennant act 1954 in relation to security of tenure of business tennnats
c. General equitable jurisdiction claims
3) a. Admiralty claims for salvage
b. Claims in relation to companies if the paid up share capital exceeds 120,000
c. Applications for orders under the Inheritance (provision for Family and Dependnats) Act 1975
a.Claims under various provisions of the LPA 1925 such as applying for requisitions in conveyancing under s49
b. contentious probate proceedings
c. Proceedings to vacate land charges under LCA 1976
d. General equitable jurisdiction claims
In deciding whether a PI claim is under 50,000 and therefore needs to be brought in the CC, you have include:
a. Any sums that need to be paid to the SoS for recouping social security benefits
b. interest but not costs
c. ignore findings of contributory negligence.
d. take account of future claims for provisional damages
Which statements correctly answer to the question: where should ordinary non-PI claims be brought?
In the CC if below 25,000
In the HC or CC if they are equitable claims under 30,000
In the HC if over 50,000
In the HC or CC if more than 25,000 but less than 50,000
What claims should go to the HC? If you think a claim shouldn't go to the HC, give reasons.
1 Concurrent jurisdiction and above 25,000 but below 50,000 and the complexity of the facts and legal issues, remedies or procedures involved make the claimant believe that the claim should be dealt with by a HC judge
2 Its a tort but not PI claim for 37,000 and the claimant believes that the importance of the outcome to the public in general is such that the case should be dealt with by a HC judge.
3 Its a claim for specific performance with the value of 12,000 and the complexity of the procedures involved are such that the claimant believes that the case should be heard by a HC judge.
4 Its a claim for the execution of a trust with a value of 31,000 but below 50,000 and the complexity of the remedies make the claimant believe that the claim ought to be heard by a HC judge
5 Albert brings a claim for damages of 28,000 plus provisional damages (assessed in the opinion of Gerge Cracken QC to be at 25,000) after he was appointed to be Penny's deputy by the court of protection. Penny slipped at work which has meant he has diagnosed amnesia. The facts and causation arguments are very complex.
A PI Claim includes a claim in respect of a person's death.
A PI claim can be made by a person who was injured but not another person and must be for damages.
Personal injuries include an impairment or disease to a person's mental condition.
A PI claim for 9,000 will be allocated to the small claims track.
Select the claims that should go to the small claims track.
1. Contract claim for 6000
2. Claim by Bruce who rents a flat; he wants the landlord to repair it. It should cost 899 pounds
3. Complex claim for damages of 6600 pounds that may take 1 1/2 days.
4. Peter is claiming 2400 pounds of damages after he was was unlawfully evicted an harassed at his flat by the landlord from which he rents the flat with exclusive possession.
5. Claim for trespass of goods with damages amounting to 7300 pounds.
6. A case involving the sale of a painting that may have been falsely misrepresented as a Gainsborough. The Claimant bought the picture for 2000 pounds and was expecting to lend it to someone for 2 years for a price of 6000 pounds. The defendant still asserts is a Gainsborough.
7. The Claim is for 9967 plus 360 interest
Select the case management hearings can the the court order on the Fast- and Multi- track
1 Allocation Hearing
2 Case management conference
3 Hearing at the pre-trial checklist stage
4 Pre-Action disclosure
5 Cost management conference
6 Pre-trial review
7 Order settlement to be attempted
8 Summary judgement hearing and strike out hearing
When is a case properly allocated to the the final track by the court?
1 When the claim is filed
2 When the Defence is filed
3 When the directions questionnaire has been served by both parties
4 When the allocation questionnaire has been filed by both parties
5 When the allocation questionnaire has not been filed by both parties but the time for compliance has expired.
6 When default judgement has been obtained and the court considers allocation appropriate
7 When there is an admission of liability on a matter where the only remedy is damages which still need to be assessedor for which the defendant has offered a sum in satisfaction and the Claimant obtains judgement for an amount to be decided by the court it can allocate the case to a track if there are outstanding matters.
8 After a period of stay of proceedings that was made for the parties to attempt settlement
9 After an allocation hearing or after the court requests further information about the case by he court.
10 When the court has served a notice of proposed allocation and the parties fail to comply with matters set out in this notice by the time required the court may allocate a track.
You have 14 days to serve a completed directions questionnaire if you are a residential tenant claiming damages in relation to harassment and conviction.
Which matters WILL go to the small claims track?
1 PI claim with damages below 1000
2 PI claim where damages for pain, suffering and loss of amenity are below 1000
3 A butcher who has a 3 years lease of his shop is seeking damages and costs of repairs below 1000
4 Quentin has been renting is flat for a while. The heating is broken and a quote shows it can be fixed for 800 and he is claiming 1030 for heating costs.
5 A claim alleging dishonesty.
6 Jonathan is claiming damages and an injunction against eviction from his pub--the damages amount to 763 pounds plus interest.
10,000 to 25,000 value claims are multi-track claims only if the court considers that: (a)the trial is likely to last only 1 day (b) and oral expert evidence at the trial will be limited to: (i) one expert per party in relation to any expert field and(ii) expert evidence in two expert fields. The question of length of trial is not necessarily conclusive.
What claims will usually be multi-track claims?
1 Claim for damages of 30,000 but the defendant only disputes 20,000 of the claim.
2 A claim for 12,000. The case involves 4 different parties and all of wich will need to bring oral evidence as a 3 year fraud scheme is involved.
3 A procedure for settling the PI damages to be paid to a child.
Which TWO are the correct descriptions of the overriding objective?
1 It is to "deal with cases justly"
2 "to deal with cases justly and at proportional cost"
3 Dealing with cases justly includes-ensuring that the parties are on an equal footing, saving expense dealing with the case in ways that are proportionate in relation to the money involved and the complexity of the issues and the financial position of the parties.
4 Dealing with cases justly includes-ensuring that the parties are on an equal footing, saving expense dealing with the case in ways that are proportionate in relation to the money involved the importance of the case and the complexity of the issues and the financial position of the parties.
5 Dealing justly and at proportionate cost means (a) ensuring that the parties are on an equal footing (b) saving expense (c) dealing with a case in ways which are proportionate to the amount of money involved, importance of the case, the complexity of the issues the financial position of each party, ensuring to it an appropriate share of the courts resources, allotting an appropriate share of the court's resources (f) enforcing compliance with rules, practice directions and orders.
The Defendant has served a Defence. Its a part 8 claim for a specified amount of money. What statements are correct about transferring the case to the Defendant's home court?
1 The Claim can be transferred if the Claim was not commenced in the Defendant's home court AND the Defendant is an individual
2 The Claim can be transferred the Claim has not been transferred to another Defendant's home court AND the claim is commenced in a specialist list.
3 The claim is usually transferred when the defence is filed
4 The claim is transferred when the Claimant ask for the case to continue after the Defendant has paid money into court or the Defendant admits to part of a claim for a specified amount of money.
5 Its first file first come when there are two defendants and the winner is an individual.
6 If the claim is for a specified sum of money it will go to the Defendant's home court.
7 The court can transfer proceedings to the preferred court or the defendant's home court as appropriate.
The claim is a Part 7 claim for a sum of money and has been transferred to the defendant's home court. What else will the claim necessarily involve?
1 the defendant is an individual
2 the claim is not a designated money claim
3 the claim is for a specified amount of money
4 the defendant is the only defendant or filed his defence first.
5 the defendant has not asked the claim to be transferred to his preferred court.
The court will allocate a case that has no financial value to the fast track.
Select which factors are specifically listed as ones that the court should have regard to in terms of track allocation? (ie 'factors include...')
1 Financial value, length of hearing, complexity of facts, law and evidence
2 Number of parties, amount of oral evidence, and the view of the parties
3 the circumstances of the parties, the value and complexity of the counter claim
4 The remedy sought and the amount of expert evidence needed
5 The importance of the claim to persons who are not parties and the financial value of the claim.
6 The remedy sought and complexity of facts, law and evidence.
The Queen's Bench Division of teh High Court hears:
1 Admiralty and construction claims
2 Administrative and human rights matters
3 Family proceedings
4 Cases under the Companies Act
5 Tort matters such as nuisance
6 Intellectual property matters
7 Recovery of land and recovery of goods matters
The Chancery Division deals with:
1 Sale of Land and bankruptcy
2 Administration of estates
3 Company law and rectification of deeds matters
4 Construction disputes
6 Shipping Law matters
7 International business disputes
Select the specialist courts are part of the QBD:
1 Technology and Construction Court
2 Commercial Court
3 Admiralty Court
4 Administrative division of the HC
5 Companies Court
6 Patents Court
List rule 1.1(1) and rule 1.1(2) a,b,c,d,e,f of the CPR word perfect. Tick the appropriate checkbook if you got it right. You can see whether you were correct here. http://www.justice.gov.uk/courts/procedure-rules/civil/rules/part01
Select the statements that are correct in relation to civil claims and the Human Rights Act 1998:
1Human Rights Act claims must be brought in the HC within one year
2 Decisions of any tribunals can be challenged for breaching article 6
3 The court will make a declaration of incompatibility whenever there is a infringement of a convention right
4 A claim for any HR remedy or infringement requires precise details of the law breached and if and the remedies claimed
5 HRA jurisprudence requires a limited right for equality of arms
6 Remedies for breach of HR rights are (a) declaration of incompatibility (b) any orders within the court's power that are appropriate such as quashing, mandatory and prohibitory orders (c) damages when it is necessary to afford just satisfaction for the victim
7 Remedies for breach of an HR right will be (a) damages (c) injunctions (d) declarations of incompatibility on primary legislation