The English Legal System- the Civil Courts
CIVIL COURTS
It is important to understand the differences between civil cases and criminal cases. Since civil cases cover a wide range there cannot be a very specific definition which will cover all of them, but a basic definition for civil claims is to say that these arise when an individual or a business believes that their rights have been infringed in some way. Some of the main areas of civil law are: * contract law, * law of tort, * family law, * employment law, * company law.
The types of dispute that can arise within these areas are equally varied.
A company may be claiming that money is owed to them (contract law); this type of claim may be for a few pounds or for several million.
An individual may be claiming compensation suffered in an accident which was caused by fault on the part of someone else (the tort of negligence).
In another tort case the claim might not be for money but for another remedy such as an injunction to prevent someone from building on disputed land.
The two courts in which civil cases are tried are: * the County Court, * the High Court.
The County Court
This court was originally set up in 1846. There are about 230 County Courts, so that most major towns will have a court. The County Court can try nearly all civil cases.
The main areas of jurisdiction are: * small claims, that is a claim for less than £5,000; * fast-track cases between £5,000 and £25,000; * multi-track cases for over £25,000 can also be dealt with; * all contract and tort claims; * all cases for the recovery of land; * disputes over partnerships, trusts and inheritance up to a value of £30,000.
Cases in the County Court are heard by * a circuit judge or * a district judge.
On very rare occasions it is possible for the judge to sit with a jury of eight. This will only happen for certain tort cases for example defamation cases.
[Note – defamation means the publication of a
It is important to understand the differences between civil cases and criminal cases. Since civil cases cover a wide range there cannot be a very specific definition which will cover all of them, but a basic definition for civil claims is to say that these arise when an individual or a business believes that their rights have been infringed in some way. Some of the main areas of civil law are: * contract law, * law of tort, * family law, * employment law, * company law.
The types of dispute that can arise within these areas are equally varied.
A company may be claiming that money is owed to them (contract law); this type of claim may be for a few pounds or for several million.
An individual may be claiming compensation suffered in an accident which was caused by fault on the part of someone else (the tort of negligence).
In another tort case the claim might not be for money but for another remedy such as an injunction to prevent someone from building on disputed land.
The two courts in which civil cases are tried are: * the County Court, * the High Court.
The County Court
This court was originally set up in 1846. There are about 230 County Courts, so that most major towns will have a court. The County Court can try nearly all civil cases.
The main areas of jurisdiction are: * small claims, that is a claim for less than £5,000; * fast-track cases between £5,000 and £25,000; * multi-track cases for over £25,000 can also be dealt with; * all contract and tort claims; * all cases for the recovery of land; * disputes over partnerships, trusts and inheritance up to a value of £30,000.
Cases in the County Court are heard by * a circuit judge or * a district judge.
On very rare occasions it is possible for the judge to sit with a jury of eight. This will only happen for certain tort cases for example defamation cases.
[Note – defamation means the publication of a