Civil Courts and other forms of dispute resolution

Introduction

• Civil Courts deal with non-criminal matters, such as contract, tort and human rights issues. 
• THey deal with disputes between individual citiizens and/or businesses.
• The civil justice system was largely reformed in the 1990s. There are two key civil courts: The County Court and the High Court. 

Reform

• in 1995, Lord Woolf reported 'Key problems facing civil justice today are cost, delay and complexity'

Jurisdiction:

• Deals with the majority of civil matters and the enforcement of previous judgments that have not been complied with

Hears:

• Contract disputes
• Tort actions
• compensation claims for injuries
• some bankruptcy and insolvency matters
• disputes arising under the Equality Act 2010
• defamation cases where all parties agree to County Court jurisdiction

Evaluation:

• Simpler system of civil courts post-woolf reforms
• ADR is encouraged, but not always appropriate nor enforced by judges
• Simpler DIY method of bringing a case, generally witha  fixed fee
• Small claims court is less formal than main county court
• Solicitor is not need in many cases
• Appeal Routes possible

Jurisdiction:

QBD

• Both civil cases and criminal cases
• ommon-law business cases in contract
• tort cases involving defamation, trespass, negligence or nuisance
• Judicial review actions

Chancery Division hears:

• Specialist civil cases e.g. company law, patenets etc.
• Professional negligence cases
• competition-law cases

Family Division hears:

• Family-related cases
• Cases involving children under Children Act 1989
• Wardship cases involving custody and day-to-day care of minors

Evaluation

• Clear and Distinct separation of types of law via the three divisions
• Jury Trial possible in Tort cases
• Expensive and time consuming cases can prevent many cases reaching high court
• simplifed and single set of rules governing both the High Court and the COunty Court

• Small claims tracks for straightforward claims of not more than £10,000 or personal injury of not more than £1000
• Fast track for claims between £10,000 and not more than 25,0000
• Multi-track for claims exceeding £25,000 and not more than £50,000
• High court for more complex claims over £50,000

• A first appeal from a decision of the small claims court or the fast track is heard by a next-level judge e.g. District Judge -> CIrcuit Judge. 
• It is possible to appeal from circuit judge to High court juge.