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Cheap
District judge
Small claims
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Set up in 1846 to for claims to be settled cheaply.
District judge refers claims of £5,000 or less or personal injury less than £1,000 to a small claims procedure.
However, not claims for possession of land.
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220 in 2007 |
There are 220 county court
centres in England and Wales approximately three quarters of all civil actions start here.
(2005
Judicial Statistics here)
They are presided over by circuit judges and
district judges.
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District judge |
A district judge is responsible for the administration and day-to-day running of the court and its office. He
/ she may hear small claims and may try any action in the county court for claims that do not exceed a £5000.
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Arbitrator
Informal
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Usually acts as arbitrator in small claims cases, although it may
be that he is a circuit judge.
Procedure very informal. Wear normal dress, hearing may be in private.
If one party fails to appear, the arbitrator may make an award upon hearing the other party.
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Locality
And
Finance
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The county courts deal with most civil disputes.
Jurisdiction is governed by two factors:
Locality
Actions started in the county court for the district, in which the defendant lives or carries, on business.
Finance
Jurisdiction limited to the size of the claim.
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Public service delivery |
The Department for Constitutional Affairs (DCA)
has experimented with technological improvements to increase public service
delivery in the courts. Text messages tell witnesses when they are needed in
court and a virtual court,
Money Claim On Line,
issues more individual money claims than any other court in the country.
These are examples of innovative schemes
obtained from the
DCA Capability Review.
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Contract and tort |
Deals with claims in contract and tort may commence in a county court or the High Court, subject to the following:
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<£5,000 |
Actions for claims arising from personal injury
for less than £5,000 must start in a county court |
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<£25,000 |
Actions for claims that seem likely to be less
than £25,000 shall be tried in a county court |
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>£50,000 |
Actions where the claim is £50,000 or more shall
be tried in the High Court
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£25-50,000 |
Claims between these amounts may be tried in either court depending on
(i)
The case raises matters of importance of general public interest.
(ii)
The complexity of the legal issues, facts or procedures.
(iii)
Which court is likely to produce a more speedy trial of action.
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Also deals with |
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Equity matters such as trusts and mortgages.
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Actions concerning the title to land or possession of land.
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Winding up of companies.
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Bankruptcy matters.
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Admiralty matters.
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Probate disputes where the estate is not very large.
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Undefended divorce cases.
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Matters concerning the adoption, guardianship and legitimacy of children.
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Actions in respect of extortionate credit agreements under section 139 of the Consumer Credit Act 1974.
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Parties agree |
May hear claims more than the stipulated
amounts, if both parties agree.
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Judges |
The Queen on the recommendations of the
'Lord Chancellor and Secretary of State for Justice' appoints county court judges.
The country is divided into circuits.
Each circuit has one or more judges.
The circuit Judge travels around hearing cases in the county courts in the circuit or district.
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High Court and C of A Judges |
In addition to the circuit judges, recorders, district judges and judges of the High Court and Court of Appeal, if they agree, may sit in any circuit as directed by the
'Lord Chancellor and Secretary of State for Justice'.
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Circuit Judge |
A circuit judge may also hear criminal cases in the Crown Court.
The district judge is appointed by the
'Lord Chancellor and Secretary of State for Justice' from the ranks of solicitors and barristers, must have a seven-year "general qualification (which is a right of audience in relation to any class of proceedings in any part of the Supreme Court or all proceedings
in a county court or magistrates' court).
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District judge |
The district judge is appointed by the
'Lord Chancellor and Secretary of State for Justice'from the ranks of solicitors and barristers, must have a seven-year "general qualification (which is a right of audience in relation to any class of proceedings in any part of the Supreme Court or all proceedings in a county court or magistrates' court).
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