This document provides the reading list and questions for a seminar on the civil courts in England. It discusses the different case management tracks in the County Court, as well as the advantages and disadvantages of small claims procedures. It also compares the County Court and High Court, outlining the three divisions of the High Court. The learning outcomes cover understanding the court hierarchy and differences between courts. Questions address topics like appeals processes, judges, and alternative dispute resolution methods.

1. Foundation Law 2013/14
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Seminar 5
The Civil Courts
Reading List:
 Jacqueline Martin, “GCSE Law”, 5th edition, Chapters 7, 8 & 12
 Glanville Williams, “Learning the Law”, 15th
edition, pages 4-16
Seminar 5 Questions:
1. Outline the three different case management tracks in the County Court.
2. What are the main advantages and disadvantages of the small claims procedure?
3. What are the key similarities and differences between the County Court and the High
Court?
4. Outline the 3 divisions of the High Court and the types of matters that each division deals
with.
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Learning Outcomes:
 Outline the overall hierarchy of the English courts and the different civil and criminal courts;
 Outline the differences between the County Court and the High Court;
 Differentiate between the different case management tracks;
 Outline the three divisions of the High Court and understand why the High Court is both a court of
first instance and an appeals court;
 Show knowledge & understanding of the types of matters heard in the civil courts and the types of
remedies available to a claimant;
 Explain the process of bringing a civil claim and the appeal process;
 Understand the small claims procedure and be able to critically evaluate the advantages &
disadvantages of using this process;
 To be able to explain the differences between a national court and a tribunal; and
 Show knowledge & understanding of Alternative Dispute Resolution (“ADR”).

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5. Which judge hears matters in the County Court?
6. What is the difference between a circuit judge and a district judge?
7. Which judge hears matters in the High Court?
8. The High Court is both an appeals court and a court of first instance. Explain what this
means.
9. Explain to which court/judge will an appeal from the following track/court will be made
to:
a) An appeal from the small claims track of the County Court;
b) An appeal from the fast track of the County Court;
c) An appeal from the multi-track of the County Court; and
d) An appeal from the multi-track of the High Court.
10. To which court will an appeal from the High Court be made to and on what grounds?
11. What is meant by the term a “leapfrog appeal”?
12. How is a tribunal different to a national court?
13. What is alternative dispute resolution (ADR)?
14. Outline and explain the four most common methods of ADR.
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3. Foundation Law 2013/14
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Consolidation Questions:
1. Phil, a builder, entered into a contract with Rebecca to build her shed. They signed a
contract setting out the terms and conditions of the agreement, which included the price
that Rebecca will pay Phil for the work and details of the work that would be carried out.
Under the agreement, Rebecca agreed to pay Phil £3,500 upon completion of the work.
The work was completed on 1st
May 2013.
It has now been two months since the work was completed and Phil has not received his
money. He has asked Rebecca on a number of occasions to pay but she keeps making
excusing.
In a recent conversation, Rebecca told Phil that she will not be paying him because of
poor workmanship. She alleges that the roof of the shed leaked in the rain and that she
had to pay another builder £500 to fix the problem, as she could not reach Phil.
Phil now wants to take legal action against Rebecca to recover the money he is owed.
Answer the following questions:
a. In which court will Phil have to make a claim and to which case management track is
the claim likely to be allocated to?
The judge makes a judgement in Phil’s favour and orders that Rebecca pays him £3,000.
This reflects £500 deducted to cover the cost of Rebecca employing another builder to fix
the leaking roof. However, it has been almost 2 months since the judgement was passed
and Rebecca has not yet paid Phil.
b. What action can Phil now take against Rebecca to recover the money?
2. Suraj, an investment banker who works for a leading international bank in London, had
an operation to remove an exceptionally large kidney stone in August 2013. However,
due to a medical complication during the procedure, he has been left paralysed from his
waist downwards and is now wheelchair bound.
Suraj now wants to sue the hospital which carried out the operation for negligence and for
its failure to carry out a full risk assessment before the operation.
Explain in which court the matter will be heard.