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Civil Courts
Describe the jurisdictions County Court and High Court, pre-trial procedures, the three tracks.
The County Court and High Court are two of the main civil courts in England and Wales. The County Court has jurisdiction over civil matters with a value up to £100,000, while the High Court deals with claims with a value of over £100,000 or more complex cases.
Pre-trial procedures in both courts involve the following steps:
- Pre-action protocol - The parties involved in the dispute are required to comply with a set of procedures before starting legal proceedings. These protocols aim to encourage early settlement of disputes without the need for court proceedings, and to ensure that both parties are aware of each other's position.
- Issuing the claim - If the dispute cannot be resolved through the pre-action protocol, the claimant can issue a claim form in court. The court then sends a copy of the claim form to the defendant, who must file a defence within a specified period.
- Allocation of track - After the defence has been filed, the court will decide which track the case should be allocated to. This decision is based on the complexity of the case, the amount of money involved, and the amount of time required to resolve the case.
There are three tracks that a case can be allocated to:
- Small claims track - for cases with a value up to £10,000. These cases are usually dealt with by a district judge and have a simplified procedure.The limit for personal injury claims is £1,000 for road traffic accidents and £2,000 for all other types of personal injury claims.
- Fast track - for cases with a value between £10,000 and £25,000. These cases are usually dealt with by a circuit judge and have a shorter trial period of one day. The limit for personal injury claims is between £1,000 and £25,000.
- Multi-track - for cases with a value over £25,000. These cases are usually dealt with by a High Court judge and can involve complex legal issues and a longer trial period.The limit for personal injury claims is over £25,000.
In summary, the County Court and High Court are two of the main civil courts in England and Wales, with the County Court dealing with lower value claims and the High Court dealing with higher value and more complex cases.
Civil Court Appeals
Civil Appeals
In the civil appeals process in the UK, there are several levels of appeal available to parties who are dissatisfied with a decision made in a lower court.
First appeal from the three tracks:
- A party may appeal a decision made in the County Court or High Court to the relevant Court of Appeal (Civil Division).
- The appeal must be made within 21 days of the decision.
- The appeal will be heard by a single judge, unless the appeal is considered to be of significant importance, in which case it may be heard by three judges.
- The appeal may be allowed or dismissed, or a new hearing may be ordered.
Further appeal to the Court of Appeal (Civil Division):
- If a party is dissatisfied with the decision of a single judge of the Court of Appeal (Civil Division), they may apply for permission to appeal to the full Court of Appeal (Civil Division).
- The application must be made within 7 days of the decision.
- If permission is granted, the appeal will be heard by at least three judges.
- The appeal may be allowed or dismissed, or a new hearing may be ordered.
Appeal from the Court of Appeal (Civil Division):
- If a party is dissatisfied with the decision of the Court of Appeal (Civil Division), they may apply for permission to appeal to the Supreme Court.
- The application must be made within 28 days of the decision.
- The Supreme Court will only hear appeals on matters of significant public importance or where there is a point of law of general public importance to be considered.
- The appeal may be allowed or dismissed, or a new hearing may be ordered.
In addition to the above, there are two additional types of appeal:
Leapfrog appeals:
- In certain circumstances, a party may be able to bypass the Court of Appeal (Civil Division) and go directly to the Supreme Court.
- This is known as a leapfrog appeal.
- Leapfrog appeals are only allowed where the appeal raises an important point of principle or practice or there are other compelling reasons for the case to proceed directly to the Supreme Court.
- The application for permission to appeal must be made within 14 days of the decision.
Appeals to the European Court of Human Rights:
- If a party believes that their rights under the European Convention on Human Rights (ECHR) have been breached, they may be able to make an appeal to the European Court of Human Rights.
- The appeal must be made within 6 months of the final decision in the UK courts.
- The European Court of Human Rights will only hear cases that are admissible and where all domestic remedies have been exhausted.
Advantages of the appeals process:
- Allows parties to challenge decisions made by lower courts and have their case reviewed by higher courts.
- Provides an opportunity for errors made by lower courts to be corrected.
- Ensures consistency in the law by setting precedent for future cases.
Disadvantages of the appeals process:
- Can be time-consuming and expensive.
- Can cause additional stress and uncertainty for the parties involved.
- May result in conflicting decisions between different courts, leading to confusion in the law.
Overall, the appeals process in the UK provides a mechanism for parties to challenge decisions made by lower courts and ensure consistency in the law. However, it can be time-consuming and expensive, and may cause additional stress for the parties involved. Leapfrog appeals and appeals to the European Court of Human Rights provide additional avenues for parties to appeal decisions, but are subject to specific requirements and limitations.
