law

3 tracks;

SMALL CLAIMS- disputes under £5,000 exept for personal injury cases and housing cases that are under £1,000. FAST TRACK- starightforward disputes £5,000-£25,000. MULTI TRACK- over £25,000 or for complex cases under this

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county court;

contract, tort and recovery of land of any value. divorce and bankruptcy. small claims of up to £5,000. parterships, trusts and inheritence of up to £30,000

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high court;

QB DIVISION- contact and tort over £50,000 and some from £25,000 (multi) CHANCERY- mortages, trusts, property disputes and copyright. FAMILY- childrens act 1989 cases and other family matters

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allocation of cases to tracks depends on complexity and value:

allocation questionaire; small claims for up to £5,000 and £1,000 for PI; county fast track £5,000-£25,000; county multi track £25,000-£50,000; high multi (poss county) £50,000+; time limits; limits on no. of witnesses

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small claims procedure;

encoraged to take own cases as it keeps costs low. use of lawyers is discoraged. winner cannot claim lawyer costs back. usually heard in private

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+ of small claims

+low cost +if you loose, do not have to pay other sides lawyer costs +do not have to use lawyers +quicker +district judge can help the parties

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- of small claims

-legal funding not avalialible - if the other side is a business they are likey to use a lawyer -DJ's not always helpful -only 60% recieve the money awarded

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lord woolf states that the civil jutice system should:

be fair in its results; be fair in its treatment; reasonable speed; offer appro procedures at reasonable costs; understabable to those who use it; provide certainty; be effective adequestly resorced and organised

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L woolfs proposals were:

extending small claims; fast t for staighforward up to £10,000; cap multi track costs; encorage ADR; judge resposiblity increasesd; use more tech; simlify docs; shorter timetables

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effects of woolf reforms:

culture has changed for the better;delay reduced; case management confernences introduced; more uniform procedure; ADR not incorporated; courts still under resorced

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appellate courts

divisonal courts, CofA and supreme courts and hear appeals for lower courts

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appellate courts -divisional

hear from inferior courts. QB has supervisory powers. hears appelas by way of case stated from crim cases decided in mag

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appellate courts- CofA (civil)

main appellate court. manily hears appels from high, county(multi) and upper tier tribunal. permittion to appeal is required in most cases

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appellate courts- supreme

hears appeals from CofA, divisional, high (rarely). sits in an uneven no. pannel. must get permittion to appeal. difficult to get leave to appeal. 1/3 are granted leave

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