Civil Justice System

Define Habeus corpus

A court order granted to persons that claim they were unlawfully detained.

Explain Multi - track

Does not have a standardised 'off the shelf procedure. Instead provides a flexible system for handling higher value, more complex cases (over 25,000). Claims valued at over 50,000 will be heard in the HC. Multi track cases are lengthier than other cases and facts are complicated hence the proceeding are more formal and legal representation is the norm.

Explain the fast track

Handles 'middle value' cases where significant money are at stake. For civil claim between 10,000 and 25,000 (personal injury cases between 1000 and 15,000). The aim is for fast - track to be heard in 30 weeks of the claim issued.

What is the the Queen's Bench Division?

Has the largest workload a dealt with contract and tort cases

Explain High Court

Has the power to hear any civil case. It can hear personal injury claims of more than 50,000p, other claims more than 15,600 sterling, claims where AoP requires an action to begin in High court and certain specialist cases. Trials are either heard in London or one of the 26 regional trial centres. Has 2 elements to the High Court which is the court of first instance and an appeal court. Court of first instance has 3 divisions known as the Chancery Division, Family Divison and the Queen's Bench Division.

Explain Magistrates court

Have a limited jurisdiction.

How effective have the 'Woolf Reforms' been?

Have been largely successful in achieving its aims, decrease in number of civil claims, PAP are working well, increase in the use of ADR and litigation is less adversarial, less complex and more user - friendly and fewer delays in the CJS. However, Professor Zander felt that Woolf Reforms were fundamentally flawed stating that very few judges have the time, skills or inclination to undertake it.

Explain High court as a civil court of appeal.

High court sits as court of appeal and is divided into 3 divisions, Chancery Divisional Court - 1 or 2 chancery judges hear appeals from the Commissioners of Inland Revenue, Family Divisional Court - 2 or 3 HC judges hear appeals from decisions of Magistrates court and County court in relation to family law Queen's Bench Divisional Court - 2-3 HC judges hear appeals by the way of Case stated, Habeus corpus and judicial review.

What is the civil justice system?

It is designed to settle disputes between individuals and organisations which arise when they believe their rights has been infringed.

What is the Chancery Division?

Jurisdiction on all various matters of land law, law on mortgages, administration of deceased's estate, bankruptcy, law relating to companies and partnerships, tax law

Explain the appeal system

Majority of appeals can only proceed if given authorisation due to the Access of Justice Act 1999. Now permission is necessary when an appeal is sought to County court or the High court. Permission are only given if there's a strong reason for doing so. Appeals are limited to a review. The route of appeal has changed. Leapfrogs go straight from the High court to the HOL under 3 conditions, first both parties agree, original trial judge must indicate the case is of general public importance and HOL must give the permission known as 'leave of appeal'

Explain ECJ as a court of appeal

Only can hear appeals on matters of the EU law, EU law now represents a considerable part of the total body of UK law

What are the remedies in civil cases?

Special damages (damages calculated specifically), General damages (matters that cannot be calculated specifically), Nominal damages (where a claimant wins but cannot show that there has been actual loss), Exemplary damages ( correctional damages and are intended to punish the defendant) AND ALSO Equitable remedies

What did Lord Woolf stated about the CJS?

Standard of civil procedure should be just in the results it delivers, fair in its way it treats parties, reasonable cost and speed, understandable, responsive and effective.

What is the Family Division?

The division hears family proceedings such as divorce and custody or maintenance of children

Explain Supreme court as a court of appeal

The final appeal court in the UK for both civil and criminal cases. Hear about 500 cases a year and usually heard by 5 Law Lords. Very occasionally 'leapfrogs' appeals from the division of the High Court are also heard with permission that it is on a law of general public importance.

Explain the changes to the CJS on April 1999 (Woolf Reforms)

The judges are involved in active case management.Judges have become case - managers where a timetable is set by the courts and judges have to get to a conclusion following the timetable which has been set. Besides that, it has also simplified procedures, the aim of the reform is to reduce complexities in court procedures and forms to make civil court more user - friendly. This involves the use of simpler court forms and language. In addition, created small claim track, changed 'plaintiff' to 'claimant' and also introduced the pre - action protocols to encourage settlements out of court. Judges are required to encourage the use of ADR.

What are the problems with the civil courts before 1999?

The litigation process was too slow and there was a serious backlog of cases. In addition to that, it was too expensive as the cost of litigation often exceeds the value of the claim, has excessive delays in bringing cases to courts and hearings are too long.

Explain County court

There are about 230 County courts and the court can try nearly all civil cases. The main areas of jurisdiction are small claims (less than 5000p), contract and tort claims, cases of recovery of land and disputes over partnership, trust and inheritance (up to 30,000p). Some CC also listens to divorce, bankruptcy, admiralty cases and matters under the Race Relations Act 1976. Cases are heard in open court and the public may attend, the exception to this involves family matters especially children.

Explain small claim

They are low value straightforward cases. Parties can go through with the small claim track without the need for legal presentation. The small claim jurisdiction is 5000 pounds or 1000 pounds for personal injury cases. However, parties can still decide to use this track even if the value of the case is more than 5000 pounds. Usually heard by district judges and in the judges chamber. It is to make it easy for parties to represent themselves without the aid of a lawyer.

Explain Civil courts of first instance

This is where a trial starts, may begin in Magistrates court, county court and the High court. Although most civil cases begin in County court or the High court.

Define Judicial review

To review a procedure whether it is ultra vires or that it is against the rules of natural justice