Law-Exchange.co.uk Shared Resource

741 views

Published on

0 Comments
0 Likes
Statistics
Notes
  • Be the first to comment

  • Be the first to like this

No Downloads
Views
Total views
741
On SlideShare
0
From Embeds
0
Number of Embeds
335
Actions
Shares
0
Downloads
5
Comments
0
Likes
0
Embeds 0
No embeds

No notes for slide

Law-Exchange.co.uk Shared Resource

  1. 1. Satvir Daroch
  2. 2. ◦ Based in London but has judges sitting in 26 towns and cities in England and Wales◦ It has the power to hear any civil cases in one of its divisions.◦ Queens bench division, Chancery division and the Family division.
  3. 3. ◦ Queen’s Bench Division◦ President of QBD is Lord Chief Justice, around 70 in this division.◦ Contract and Tort Cases over £50,000 but claims lower can be considered.◦ Cases are normally tried by single judge and a jury of 12 can be used for cases of fraud, libel, slander, malicious prosecution.◦ Cases here are expensive and can take some time. Average waiting time of three years.
  4. 4. ◦ Chancery Division◦ Head of this division is the Chancellor of the High Court and there are around 17 of them.◦ Mainly deal with matters of insolvency, enforcement of mortgages, disputes relating to trust property.◦ Contains a special companies court which deals with winding up companies.◦ Juries never used here, single judge instead.◦ Criticised for being costly and often slow.
  5. 5.  Family Division ◦ 17 High Court Judges here and their head is the President. ◦ Hears cases relating to children under the Children Act 1989. ◦ Cases heard by a single judge and jury no longer used.
  6. 6. ◦ Dated 26th april 1999, these rules are bought into effect.◦ Rules changed many things to simplify proceedings and make court accessible.◦ E.g. “claimant” and not “plaintiff” or “claim form” and not “writ”  RULE 1.1 – aim is to ensure courts deal with case justly.
  7. 7.  aim is to ensure courts deal with case justly. judges must; Ensure parties are on equal fooling Save expenses Deal with cases proportionately i.e. amount of cost and gain for claimant Ensure cases dealt with quickly and fairly. Allocate the right amount of the courts resources.
  8. 8.  Judges must; Identify issues early in the case. Encourage the parties to use an alternative to court. Deal with procedural steps without the parties having to come to court Give directions so that a case proceeds quickly and effectively.

×