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Legal System - CPCA

Civil Procedure, Courts, and Appeals

QuestionAnswer
How much is a claim that goes to the County Court at first instance? x < 100,000/(50,000 for PI)
How much is a claim that goes to the High Court at first instance? x > 100,000/(50,000 for PI)
Small Claims Track x < 10,000/(1,000 for PI). Parties encouraged to self-represent, private. District judge used
Fast Track 10,000 < x < 25,000. Limited to a day-long hearing. Circuit judge used in open court with a formal procedure, witnesses restricted
Multi Track x > 25,000 (unless complex). Claims case-managed by a judge who will encourage ADR. Cost 35-10,000 in fees. 2-3 days
In what court are Multi track claims brought to? heard in the county court if they're under 100,000. If > 100,000, they are heard in the high court
How are civil claims brought? N1 forms
What reasons may you use to request leave to appeal? Unfair procedure, Point of law, Compensation too high/low
where and to whom would a first appeal in the county court go to? From a District Judge in the CC to a Circuit Judge in the CC
where and to whom would a second appeal in the county court go to? From a Circuit Judge in CC to the high court
where would an appeal in the high court go to? court of Appeal
Where would an appeal on points of law go to from the Court of Apeal Supreme Court
What is the Burden of Proof in civil cases? Burden is on claimant, and is based on the balance of probabilities
Dunnet v Railtrack Court refused to make Ms Dunnett pay for Railtrack’s legal expenses because they hadn’t accepted offer to go to ADR
who was the Track System based off? Based off Lord Woolf's propositions in 1999
What was Lord Woolf's propositions? system faster and accessible, track system, simplify procedures, cut delays by getting lawyers, judges to co-operate, promote ADR
Cases in the High Court can be heard in what three courts? Kings Bench Division, Chancery Division, Family Division
What happens if D doesn't dispute a claim? they must pay the full amount
what happens if D disputes the claim? they must send a defence to the court within 14 days of receiving the claim
Who decides what track is taken? District Judge in the County court
What is the max fine in magistrates court? £5000
Created by: Oscar.G
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