2. STARTER
Each table will get a topic on solicitors
or barristers.
You need to create a mind map or fact
sheet on the topic.
3. LEARNING OBJECTIVES
To be able to explain the different court jurisdictions
and the track system
To be able to Illustrate the appeal routes and give
examples for each civil court
Evaluate the civil courts issues regarding access to
justice and fairness.
4. CIVIL CASES
Civil claims arise when an individual or business believes
their rights have been infringed in some way.
Main areas of civil law include contract law, law of tort,
family law and employment law.
A case could involve claiming compensation for injuries (tort
law).
It could be a company claiming money is owed to them
(contract law).
5. ROLLS ROYCE
Rolls Royce was a term used by Lord Woolf to describe
the civil court process.
What did he mean ?
The Civil Courts had remained largely unchanged
for 100 years.
It was expensive, with only the wealthy being able
to afford to use it.
The process was slow.
6. WOOLF REVIEW
Lord Woolf’s 1996 Report on Access to Justice
Changed the Language
The Court allocation of the track system
The active encouragement of Alternative Dispute
Resolution
7. CIVIL PROCEDURE RULES –
OVERRIDING OBJECTIVE
The CPR requires that all cases are dealt with in a way that enables
the court to deal with cases justly.
This includes:
Ensuring parties are on an equal footing;
Dealing with the case in ways which are proportionate
Ensuring that the case is dealt with expeditiously and fairly.
8. N1 CLAIM FORM
When someone wants to start a court case they have to fill in a N1
claim form outlining the details of their claim.
Please fill in an N1 claim form with your own claim that you wish to
make and estimate how much the total of your claim will be.
9. TRACK SYSTEM OVERVIEW –
FILL IN THE PICTURE WITH
KEY INFORMATION ABOUT
EACH TRACK.Multi Track
Fast Track
Small Claims
High Court
County Court
10. SMALL CLAIMS
Under £10,000 and personal injury £1,000.
People are encouraged to represent
themselves in order to keep costs down.
Winner cannot recover the cost of their lawyer
from the losing party.
11. FAST TRACK
Claims with a financial value of no more than £25,000.
This track allows the court to set down a strict timetable
for pre-trial matters to stop time-wasting and running up
unnecessary costs.
Once a case is set down for hearing the aim is that it is
heard within 30 weeks.
The case will be heard by a Circuit Judge and take place in
12. MULTI TRACK
Any case not allocated to the other tracks is heard here.
These cases are heard in the County or the High Court.
They will be heard by a Circuit Judge who can set
timetables to speed up the case.
The Judge can ask the parties to try an alternative
method of dispute resolution to prevent wasting time and
money.
15. CIVIL COURT HIERARCHY
ACTIVITY
You will be given a court to
research.
Use your hand out and the
text book to create a fact
sheet.
These fact sheets will be
16. SUPREME COURT
Established on 1st October 2009
Hears appeals from the Court of Appeal
Points of Law
Public Importance
https://www.youtube.com/watch?v=wTHrynZIsBo
17. EUROPEAN COURT OF
JUSTICE
The Court of Justice of the European must ensure that in the
interpretation and application of the Treaties are correct.
It makes sure that EU legislation is interpreted and applied in the same
way in all EU countries, so that the law is equal for everyone.
It ensures, for example, that national courts do not give different rulings
on the same issue.
The Court has the power to settle legal disputes between EU Member
States, EU institutions, businesses and individuals.
18. APPEAL ROUTES
In your hand-out there is a blank diagram
which needs to be filled in.
Before writing the answers in the hand-out
use whiteboard pens on the tables to work the
answers out using the bullet points
Only consider the first diagram
20. APPEAL ROUTES
District Judge Circuit Judge Multi - Track
High Court
Judge
Circuit Judge
Court of
Appeal
Supreme
Court
21. Route 3
M – Mad
C – Cats
S – Sing
•The appeal routes
are hard to
remember!
•Try and make your
own to help you
remember the
different appeal
routes.
•Can also be a story,
rhyme or diagram.
•Going to ask each
person how they can
Route 1
D – Don’t
C – Carry
C – Cow
S – S**t
Route 2
C –
Chickens
H – Hate
C –
Christmas
S – Season
22. LEAPFROG APPEAL
Multi Track
Court of
Appeal
Supreme
CourtAdministratio
n of Justice
Act 1969
https://www.youtube.com/watch?v=Wf5-oBkqkbU
24. EVALUATION OF THE CIVIL
COURTS AND TRACKS
On page 4 there are 6 issues which need to be
discussed
Each table will be assigned a different issue to talk
about
Then each group will feedback their idea to the rest
of the class
25. ADVANTAGES OF CIVIL
COURTS
1. A legally qualified Judge will decide the case.
2. There is an appeal system if a party is unhappy with
the decision of the trial Judge.
3. Legal Aid is available for those on a low income
(below £2,657 a month).
26. DISADVANTAGES OF CIVIL
COURTS
1. The courts are open to the public and press, which
could lead to adverse publicity.
2. There is a winner and a loser.
3. The court service chooses the trial date.
4. Cost and time.
27. COUNTY COURT
JURISDICTIONEntirely Civil Law.
Hear around 2 million cases a
year.
Hear all Tracks.
County Court Act 1984 – Tort,
Contract, Land, Family.
Created to deal with minor civil
28. HIGH COURT
Both Criminal and Civil Jurisdiction
Three Divisions:
Queens Bench Division
Chancery Division
Family Division
Multi Track
29. QUEEN’S BENCH DIVISION
About 70 Judges sitting in the division with the Lord Chief
Justice at the head.
It deals with contract and tort cases of over £50,000
Claims over £15,000 can be heard here if the parties choose).
Usually cases are heard by a single Judge.
Cases are expensive to hear and can take a long time (on
average about three years).
30. CHANCERY DIVISION
There are about 17 High Court Judges in this
division.
They deal with matters such as insolvency, enforcing
mortgages, disputes relating to trust property,
copyright and patents, intellectual property matters
and probate.
Cases are heard by a single Judge, but high costs and
excessive delays are also a problem.
31. FAMILY DIVISION
Has 17 High Court Judges assigned to it.
Hears all cases relating to children, matters relating
to the family, such as declarations for the nullity of
marriage and also grants probate.
Cases are heard by a single Judge.
32. COURT OF APPEAL
Divided into two divisions
Legal Arguments and Documentary evidence
They mainly hear appeals from the following –
All three divisions of the High Court.
The County Court for Multi-Track cases.
Permission is needed for a case to be heard in this
court
Editor's Notes
Were introduced in 1998 to govern the procedure that is followed within the English civil court system.
to the amount of money involved, the importance of the case, the complexity of the issues and the financial position of each party;
Advantages
Cost is low - If you lose you don’t have to pay the other parties costs
People don’t have to use lawyers
Quicker
Disadvantages
Cases over £1,000 have an allocation fee of £115
Legal Funding is not available
Could be unfair if one party uses a lawyer and the other doesn't
Only around 60% of successful claims receive their money
Advantages of Fast track cases
is the strict timetable set by the Judge. The parties will be aware that there is an agenda in hand to help resolve the case as quickly as possible.
Cost low - kept low due to the hearing only being limited to one day.
Thirdly, the introduction of strict timetables has lessened the delays a little.
Disadvantages of fast track cases
the total waiting time for the trial is still considerably long - 59 weeks
The limitation of one witness could also prove to be a disadvantage as it limits the evidence in your favour.
The limitation of a one day trial hearing could also prove to be a disadvantage as there may not be sufficient time for your case to be heard.
Advantages of multi-track cases
pre-trial review which decides the timetable for the trial itself, who will give evidence at the trial and in what order, the content of the trial bundle
Multi-track cases are dealt with as soon as possible
Claimant receives a Judgement in their favour they are often entitled to court fees, compensation for lost earnings, travel expenses and cost of expert testimony.
Disadvantages of multi-track cases
Even after a case has been successfully resolved there may be more work ahead of the claimant.
After receiving a Judgement it may not be easy to receive it and some defendant’s avoid paying
the claimant can pursue a warrant of execution, an attachment of earnings, or a garnishee order so that the Judgement will be enforced.
It is the right of an individual to apply for the wrong decision of the court to be reviewed by a higher court and possibly be quashed. Such a right is not automatic.
If a party is unhappy about the decision made by the Judge, it is sometimes possible to appeal against the decision to a Judge in a higher court.
There must be proper grounds for making an appeal and there are strict time limits within which to do so.
From a small claims decision there is usually no appeal (only on a point of law or misconduct);
An appeal from other County Court decisions and from the High Court go to the Court of Appeal (Civil Division).
Under the act it states that from the High Court there can be an appeal directly to the House of Lords – now supreme court
Both parties must agree
Must involve a point of law of general public importance
Interpretation of statute
Binding precedents
Start 5.35 – 13.03