Friday 1st November: ALL classes are cancelled

FHLA & FHLB: Group presentations on trial by jury will take place next week-see email with date/time for rescheduled classes

Formative assessments next week: Law-Wednesday 6th November 2013 3.30pm-4.30pm

Closed book essay question-similar to a typical Section 2 Exam Question

1 hour in duration-exam conditions

Recommended Reading: Jacqueline Martin, “GCSE Law”, 5th edition, chapter 15- Judicial Precedent

LNATS

The criminal courts-the Magistrates’& the Crown Court

Key differences between the Magistrates` Court and the Crown Court

Key difference: sentencing powers and the types of offences heard in the criminal courts

Three types of criminal offences: summary offences, triable either way/either way offences and indictable offences

Aims of sentencing and judges’ sentencing powers

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”).

Supreme Court (formerly the House of Lords)

The Court of Appeal (Civil Division)

Queen’s Bench

Division

Chancery Division

Family Division

High Court of Justice

County Courts

These courts hear civil (private law) matters

Types of Civil (private law) matters heard in the civil courts include:

Family law (e.g., divorce)

Land law (e.g., ownership disputes)

Debt (e.g., non payment of rent)

Consumer law (e.g., sale of faulty goods)

Personal injury/ negligence claims (e.g., road traffic accidents (RTAs)

Two civil courts: the County Court & the High Court

Both deal with civil matters but the court in which the matter is heard depends on the value of the claim and the complexity of the matter

In both courts the matter will come before a judge

County Court- County Court Judge (either a district or circuit judge)

High Court- High Court Judge

With the exception of defamation cases (which are tried before a jury in the High Court), matters are not tried before a jury in the civil courts

Deals with most civil matters (family law, personal injury, debt, consumer etc.)

Cases are allocated to a “track”

The track to which the case is allocated depends on the financial value of the case and the complexity of the matter. This assessment is carried out by the County Court Judge

• There are three case management “tracks” to which a case may be allocated:

• Small claims track: for claims with a financial value of up to £5,000

• Fast track: for claims with a financial value of between £5,000-£25,000

• Multi track: for claims worth over £25,000

Claims between £25,000 -£50,000 can be heard either in the High Court or the County Court multi track procedure. This will depend on the complexity of the matter and the jurisdiction of the judges.

Claims over £50,000 are usually heard in the High Court’s multi track procedure

Following the recommendations made on Civil Procedure in the Woolf Report, a small claims procedure was set up in 1973 to cover small amounts of money

The value of the claim must not exceed £5,000 and the matter is heard in private, outside the usual County Court procedure before the district judge

Advantages:

Quicker and cheaper

Informal setting: no legal representation required

Can make the application online/person, using a straight forward form

Disadvantages:

Legal Aid is not available

Although informal environment, can still be a daunting experience

Right of appeal is very limited and can only be made if the district judge has made a mistake of law

Enforcing the judgement can be problematic and the claimant may occur further costs

The High Court hears complex multi-track cases referred from the County Court worth between £25,000-£50,000 and cases with a financial value of over £50,000

It is therefore, a court of first instance

The High Court also hears appeals from the County Court and the tribunals

It is therefore, also an appeals court for civil matters

The High court is sub-divided into 3 specialist divisions:

The Queen’s Bench Division;

The Chancery Division; and

The Family Division

Deals predominately with contract and tort cases, where the value of the claim exceeds £50,000

This division of the High Court will also deal with appeals from the tribunals and the County Court

This division hears cases concerning trusts, property, company law, partnerships, taxation, administrations of estates of deceased persons and contentious probate cases

This division also hears appeals from the Commissioners of Inland Revenue and appeals from the County Court on certain bankruptcy and land registration matters

Hears matters dealing with family law. For example, divorce, child custody, non contentious probate matters and applications in respect of guardianship and ward ship of minors

This division also hears appeals on matrimonial and family matters from the County Court

Amount of Claim Court Track Judge

Under £5,000 County Court Small Claims Track District Judge

£5,000 to £25,000 County Court Fast Track District/Circuit Judge

£25,000 to £50,000 Either the County Court or the High Court

Exception:

Personal injury claims up to £50,000 must be started in the County Court

Multi Track In the County Court the case will be heard by a Circuit Judge

In the High Court the case will be heard by a High Court Judge

Over £50,000 Normally High CourtCounty Court can deal with larger claims but depends on the complexity of the matter

Multi Track

Unlike in the criminal court where the judge will pass a sentence, in the civil courts the judge will award the claimant a remedy

The main remedy in civil matters are damages. This is an award of a sum of money (in personal injury matters, this will be in the form of compensation)

Other remedies include orders and injunctions

A judgement is the outcome of the matter/ decision of the judge

Enforcement deals with giving effect to the judgement

For example, if a judge finds that the defendant owes the claimant a sum of money (the judgement) but then the defendant fails to make the payment. The claimant can then start enforcement proceedings to recover the money (this is known as an enforcement)

The court to which an appeal is made after a decision has been on a matter depends on three points:

1. which court was the original case heard in?

2. whether the case was a small claims one, a fast track case or a multi track case; and

3. (only where the matter was originally heard in the County Court) what type of judge heard the case

Appeal From Appeal To

Small Claim County Court-Circuit Judge

Fast Track case tried by District Judge

County Court-Circuit Judge

Fast Track case tried by Circuit Judge

High Court

Multi Track case Court of Appeal (Civil Division)

An appeal from the High Court will normally go to the Court of Appeal (Civil Division). However, permission to appeal is needed.

There is also a special route from the High Court to the Supreme Court (missing out the Court of Appeal), known as the “leapfrog appeal”. This can only occur where either the reason to believe that the Supreme Court will change the precedent set by the Court of Appeal or where the case involves interpreting the words of an Act of Parliament

Alternative Dispute Resolution (ADR) is an alternative method to litigation in the civil court and can take place in one of the following forms:

Informal negotiation This is simply whereby the parties meet informally, either with or

without their legal representatives being present, and is an attempt by the parties to reach a settlement outside of court.

Formal schemes of conciliation The Advisory, Conciliation and Arbitration Service (ACAS) mediate in

many industrial/employment disputes. The primary objective of such conciliation bodies is to reach settlement outside of court and avoid litigation. 

Arbitration This is whereby the parties agree to allow a third party to make a

decision on their dispute and is controlled by the Arbitration Act 1996.

Mediation This is a method used to resolve disputes in divorce cases, whereby a

mediator (who is usually appointed by the courts) will assist the parties to come to a mutually acceptable agreement.

There are a number of Tribunals who deal with matters outside the national court system

Tribunals follow their own procedural rules, have their separate appeals process and create their own precedent

The Tribunals consist of a panel of 3 members and the chair of Tribunal is referred to as the sitting judge.

Tribunals usually make determinations

The Employment Tribunal: deals with employment disputes. For example, discrimination and dismissal claims. Matters in relation to enforcement in respect of employment matters, can only be pursued in the High Court

The Immigration and Asylum Tribunal deal with immigration and asylum matters

Court of Justice of the European Union (“CJEU”): only deals with matters concerning European Union (EU) Law

European Court of Human Rights (“ECtHR”): only deals with matters concerning the European Convention on Human Rights (“ECHR”)

Remember……. The Supreme Court is the highest court in the United Kingdom and matters relating to EU law and/or the ECHR must come before the English courts first, before they can come before either the CJEU or the ECtHR

Hand-Out

Reading: Jacqueline Martin, “GCSE Law”, 5th

edition, Chapters 7, 8 & 12

Glanville Williams: Learning the Law, 15th edition-pages 4-16