Civil Court SystemCivil Court System

by Lisa Incledonby Lisa Incledon

Terminology…Terminology… Civil cases involve individuals or Civil cases involve individuals or

organisations, rather than the organisations, rather than the state and an individual.state and an individual.

Parties are called:Parties are called: Claimant Claimant DefendantDefendant

If there is an appeal:If there is an appeal: AppellantAppellant RespondentRespondent

Civil Procedure Rules Civil Procedure Rules 19981998

Rule 1: the ‘Rule 1: the ‘overriding objectiveoverriding objective’ ’ is – is – enabling the court to deal enabling the court to deal

with cases justly.with cases justly.

What does this involve?What does this involve?

Overriding Objective of CPROverriding Objective of CPR

Ensuring parties are on an equal Ensuring parties are on an equal footingfooting

Dealing with cases proportionately Dealing with cases proportionately to:to: Amount of money involvedAmount of money involved Importance of the caseImportance of the case Complexity Complexity

Ensuring cases are dealt with fairly Ensuring cases are dealt with fairly and efficientlyand efficiently

The CourtsThe Courts

The two courts which hear civil The two courts which hear civil cases at first instance are:cases at first instance are:

County CourtCounty Court High CourtHigh Court

What does first instance mean?What does first instance mean?

Starting a case…Starting a case…

When can a claimant start a When can a claimant start a case in the High Court (rather case in the High Court (rather than County Court)?than County Court)?

How do you start a case?How do you start a case?

What can a defendant do once a What can a defendant do once a claim has been brought against claim has been brought against them?them?

AllocationAllocation

The Civil Procedure Rules The Civil Procedure Rules include the three-track include the three-track system:system:

Small Claims trackSmall Claims trackFast trackFast trackMulti-trackMulti-track

County CourtCounty Court

Single entity operating in 216 Single entity operating in 216 separate locations.separate locations.

County Court can try small County Court can try small claims, fast track and multi-track claims, fast track and multi-track cases.cases.

Small Claims TrackSmall Claims Track What is the maximum value of a claim What is the maximum value of a claim

on the small claims track?on the small claims track?

Quicker, cheaper and simpler than the Quicker, cheaper and simpler than the other tracks.other tracks.

Parties are encouraged to represent Parties are encouraged to represent themselves to keep costs to a themselves to keep costs to a minimum.minimum.

What are the advantages and What are the advantages and disadvantages of the small claims disadvantages of the small claims track?track?

Fast TrackFast Track Which claims are dealt with in the fast Which claims are dealt with in the fast

track?track?

Features of the fast track include:Features of the fast track include: Timetable/case management by judgeTimetable/case management by judge Claims to be disposed of in one dayClaims to be disposed of in one day Hearing should be within 30 weeks of Hearing should be within 30 weeks of

judge’s directionsjudge’s directions Usually limited to one expertUsually limited to one expert

Has the introduction of the fast track Has the introduction of the fast track improved the civil court procedure?improved the civil court procedure?

Multi-trackMulti-track Which claims are dealt with on the Which claims are dealt with on the

multi-track?multi-track?

Heard by Circuit Judge who will Heard by Circuit Judge who will also be expected to manage the also be expected to manage the case and set timetables.case and set timetables.

Can ask parties to try alternative Can ask parties to try alternative dispute resolution (ADR) and stay dispute resolution (ADR) and stay proceedings whilst they do so.proceedings whilst they do so.

Which court(s) could these cases Which court(s) could these cases be heard in?be heard in?

High CourtHigh Court

The High Court has three The High Court has three Divisions which:Divisions which:

Act as a court of first instanceAct as a court of first instanceHave a Divisional Court which Have a Divisional Court which

hears appealshears appeals

What are the three Divisions? What are the three Divisions? What areas do they focus on?What areas do they focus on?

AppealsAppeals

What are the appeal routes from What are the appeal routes from the:the: County Court?County Court? High Court?High Court?

Complete the flow chart with Complete the flow chart with each of the main appeal routes.each of the main appeal routes.

AppealsAppeals

Some cases in the County Court Some cases in the County Court have specific appeal routes:have specific appeal routes:

Family cases in the County Court Family cases in the County Court

→ → Divisional Court of the Family Divisional Court of the Family DivisionDivision

Bankruptcy and land law cases Bankruptcy and land law cases

→ → Divisional Court of the Chancery Divisional Court of the Chancery DivisionDivision