CHAPTER 6

Civil Courts and

civil process
 CIVIL COURT
 Civil cases cover a wide range of matters

 A basic definition for a civil case or claim is to say that they

arise when an individual or a business believes that their rights
have been infringed in some way

 These rights may be in contract law, the law of tort, family law,
employment law or company law.
6.1 ROLE AND
JURISDICTION
OF THE CIVIL
COURTS
 COUNTY COURT
 There are about 150 County Courts around the country which can try civil cases

 The main types of cases heard in this court are:

• claims in contract and tort
• all cases for the recovery of land, such as by a landlord from a tenant or by a lender where
the householder has failed to pay the mortgage
• disputes over partnerships, trusts and inheritance up to a value of £350000
• divorce and family and financial disputes arising from the breakdown of a relationship.
SMALLS CLAIMS IN COUNTRY COURT

 Smalls claims hearings are informal and held in private.

 Only the parties and the District Judge will be present.

 Lawyers are not encouraged, and legal arguments are kept

to a minimum
 Except for small claims, cases will nearly always be heard in open court by a single judge
 Usually a Circuit Judge, and members of the public are entitled to attend.
 The whole hearing is formal and many claimants and defendants will be represented, usually
by a solicitor but sometimes by a barrister.
 However, as many litigants are unable to pay legal fees, it is becoming increasingly common
for litigants to represent themselves.
 HIGH COURT
 The High Court is based at the Royal Courts of Justice in London but also has judges sitting at
a number of towns and cities throughout England and Wales.
 It has the power to hear any civil case of unlimited value and where the case is too complicated
to be heard in the County Court.
 It has three Divisions:
• the Queen’s Bench Division
• the Chancery Division and
• the Family Division
 QUEEN’S BENCH
DIVISION

 The President of the Queen’s Bench Division is the Lord Chief Justice
 there are over 70 judges sitting in this Division.
 It normally deals with contract and tort cases where the amount claimed is over £100 000 and
the issues are complex.
 The exceptions are personal injury cases, where it can deal with cases where the claim is over
£50 000, and defamation cases.
 Usually cases are tried by a single judge.
 Cases in the High Court are formal, expensive and can take a long time to come to trial.
 CHANCERY DIVISION

 The Chancellor of the High Court is the head of the Division.

 There are about 14 High Court Judges assigned to the Division.
 It normally deals with:
• insolvency
• enforcement of mortgages
• disputes relating to trust property
• copyright and patents
• intellectual property matters
• contested probate actions.
 There is also a special Companies Court in the Division, which deals mainly with winding up
companies.
 Cases are heard by a single judge.
 The same comments of cost and delay that apply to the Queen’s Bench Division apply equally
to cases heard in the Chancery Division.
 FAMILY DIVISION

 The Crime and Courts Act 2013 created a single-Family Court, to deal with all family cases.
 This includes divorce, custody of children and maintenance.
 The judges come from all levels of the judiciary:
• magistrates who are on the family panel
• District Judges
• Circuit Judges
• High Court Judges who are assigned to the Family Division.
Hierarchy in civil
court
 COURT OF APPEAL (CIVIL DIVISION)

 This is the main appellate court for civil cases and it is headed by the Master of
the Rolls.

 It hears appeals from cases originally tried in all three divisions of the High Court
and the County Court
 COURT OF APPEAL (CIVIL DIVISION)

 Permission to appeal is required in most cases.

 It can be granted by the lower court where the decision was made or by the Court of Appeal.
 Permission to appeal will only be granted where the court considers that an appeal would have
a real prospect of success or that there is some other compelling reason why the appeal should
be heard.
 If the appeal is heard in the Court of Appeal, it will usually be heard by three judges.
 The grounds of an appeal can be on an error of law by the trial judge, liability and/or the
amount of damages awarded.
 SUPREME COURT

 This is the final civil court of appeal.

 It hears appeals from the Court of Appeal and, on occasion, direct from the High Court under
the ‘leapfrog’ provisions.
 Appeals are heard by the Justices of the Supreme Court.
 They have to sit as an uneven number panel.
 Permission to appeal is required, which can be given by either the Supreme Court or the lower
court.
 Most cases involve a question of statutory interpretation
 The grounds of an appeal have to be based on an error of law by the trial judge or
the Court of Appeal.

 The Supreme Court will not rule on the amount of damages awarded.
 DEFINITIONS

 Fast track – This is for claims with a value of between £10,000 and £25,000.
 Multi-track – This is for very complicated claims with a value of £25,000 or more
 Winding up refers to closing the operations of a business, selling off assets, paying off
creditors, and distributing any remaining assets to the owners.
 A contested probate takes place when two or more individuals or entities have
disagreement over a deceased individual's estate settlement
6.2 THE
WOOLF
REFORMS
 The present system of civil justice is based on reforms recommended by Lord Woolf in his report
Access to Justice (1996)
 Lord Woolf stated that a civil justice system should:

• be just in the results it delivers

• be fair in the way it treats litigants
• offer appropriate procedures at a reasonable cost
• deal with cases at a reasonable speed
• be understandable to those who use it
• provide as much certainty as the nature of particular cases allows
• be effective, adequately resourced and organised.
EFFECT OF THE WOOLF REFORMS
 CIVIL PROCEDURE RULES
 New Civil Procedure Rules were introduced in 1999 as a result of Woolf report
 Objective was to enable courts to deal with cases in a more just and cost effective
manner
 It gave judges more control over proceedings than previously. They can set timetables
and make sure that parties do not drag out a case unnecessarily, as well as identify
issues at an early stage and decide which issues need investigation and trial.
 courts should try to ensure that parties are on equal footing; cases are dealt with in a
way that is proportionate to the amount being claimed; and that cases are dealt with
quickly and fairly
6.3 PRE-TRIAL
PROCEDURES
 STARTING A COURT CASE

 People should regard a court case as a last resort and should try to resolve a civil
problem without going to court.
 When a dispute arises, some form of negotiation should take place either by meeting
the other person or writing to the other person setting out the complaint
 Many cases should be resolved at this stage by the other party agreeing to refund
money, change goods or pay the debt or claim.
 GOING TO COURT
 Court can be expensive and complicated, even if it is decided to ‘do it yourself’ and
not use a lawyer. The following issues should be considered:
 FILING A CLAIM

 If it is decided to pursue a court case, a claim form is needed

 WHAT DOES A CLAIM FORM SET OUT?

 The claimant's name and address for the sending of court documents
 The defendants name and address where the claim form is to be sent to
 What is being claimed, for example amount of money in damages
 The grounds for making the claim, showing the relevant law
 The claim form must be filled at a court office, or online, and an initial fee is to be
paid
ALLOCATION OF CASES
6.5 APPEALS
 The appellate courts are courts that hear appeals from lower courts.
 An appeal court can:
• confirm or alter the initial decision on liability
• confirm, increase or decrease the amount of damages.
ADVANTAGES AND DISADVANTAGES OF THE CIVIL COURTS