civil process

  • Created by: cdunkin
  • Created on: 06-01-23 10:41
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    • county court
      • can try most civil claims up to £100,000 in value
      • negligence cases
      • nuicsance
      • tresspass
      • since the Crime and Courts Act 2013 there has been one in england and wales sitting in 500 centres
    • high court
      • heard in open court
      • heard by a single judge
      • judges will be assigned to either the Kings bench Division, chancery ahnd Family divisions
      • only hear cases relating to the division the judge works in
      • judge reads case papers before the hearing and can hear evidence and legal arguments in court
      • judge will decide liability (verdict), any compensation available and who pays the cost of the case
    • The Queens Bench Division
      • largest of the 3 divisions
      • has the jurisdiction to hear a wide range of cases including contract and tort claims  over £100,000 and smaller if there is a complicated point of law
      • specialist courts = the administrative court, the Circuit commercial courts and case stated appeals in criminal cases
      • the administrative court = hears applications for judicial review and applications for habeas corpas
      • case stated appeals in crimnal cases are decided in the magistrates court or crown court
    • The Chancery division
      • has jurisdiction to deal with
        • disputes relating to business, property or land where over £100,000 is in issue
        • disputes over trusts
        • contentious probate claims
        • disputes about partnership matters
      • specialist courts = Insolvency and Companies list
    • Family Division
      • cases are heard in private as they may be delaing with sensitive matters
      • jurisdiction to hear
        • cases where a child is to be made a ward of the court
        • cases relating to the welfare of children under the Children Act 1989
        • appeals from lower courts and complicated family cases transferred from the County Court


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