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High Court |
Deals with complex
cases, specialist cases, or high value claims.
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The County Court |
Jurisdiction
extended so it can hear more cases.
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Small claims heard
in the County Court using the Small Claims Procedure |
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Public hearing |
Claims less than
£5,000 or personal injury claims less than £1,000
The hearing is in
public, but very informal.
No expert evidence
is admissible.
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Will consider case
in party’s absence |
By proceeding in a
party’s absence, weak claims can be defended without the expense of having to
appear in court.
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Rights of appeal
from small claims awards
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Only possible if
there is a mistake of law by the court or a serious procedural irregularity e.g.
District Judge misconducts himself/herself. |
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County Court |
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A claimant MUST
begin a case in the County Court if the case is: |
A personal injury
case involving £50,000 or less.
A claim including consumer credit of £15,000 or less.
A claimant MAY
bring cases in the County Court that exceed these limits.
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Remedies available |
Can award same
remedies as High Court except prerogative orders available on judicial review,
‘freezing injunction’ or
‘search order’.
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Types of case heard |
Tends to hear the
routine, lower value cases, whilst the trial in the High Court tends to be used
for specialist or complex or high value claims. |
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Less than £25,000 |
Must
be heard in the County Court.
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Between £25,000 and
£50,000 |
Heard in the court
most suited given the complexity of the case and other factors.
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High Court |
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A claimant
MUST bring a case in the High Court if it is.
A defamation case.
An application for judicial review.
Equity, contentious
probate.
Law of Property Act
1925 proceedings if the amount of the fund or value of the property is £30,000
or more.
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Claimant
MAY bring a case in the High Court for... |
claims in excess of
£15,000.
Personal injury
cases over £50,000.
Cases that would
fall to be allocated to a specialist list, such as commercial, patents, company
– regardless of the value.
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Over £50,000 |
Heard in the High
Court.
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Other cases |
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Other cases |
The choice of where
to begin a case will depend on its value and complexity.
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Civil Procedure
Rules |
Overriding
objective requires a consideration of the appropriate use of court resources.
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Claims started in
the wrong court |
Will be transferred
to the appropriate court and the claimant penalised by way of costs.
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The tracks |
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Multi track |
For cases not
allocated to the fast track or small claims track, mostly High Court cases,
although some County Court.
Claims in excess of
£15,000.
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Directions are
given, dates fixed for management conference, listing questionnaire, pre-trial
review, and trial date or window as soon as possible.
Cannot be varied
without the permission of the court.
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Fast track |
Claims between
£5,000 and £15,000.
Relatively straightforward.
Court gives
directions.
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Court sets a strict
timetable for the case.
Procedures must be
completed within a 30-week period, trial lasting not more than
one day.
CANNOT be varied.
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Small claims track |
Details above.
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Pre-action
protocols |
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For cases that
cannot be settled. |
Protocols ensure
early awareness of the strengths of the parties’ cases.
Documentation
exchanged in order to enable decisions to be made about the desirability of
litigation.
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