9084 · 1.2.1
Civil courts and civil process flashcards
Revision flashcards for Cambridge 9084 Civil courts and civil process (syllabus 1.2.1). Flip, recall, then mark a real past-paper question.
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County Court jurisdiction?
Most civil claims under £100,000; small claims track for claims under £10,000.
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Three High Court Divisions?
King's Bench (contract/tort), Chancery (equity/property), Family (matrimonial).
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Small claims track?
Informal procedure for claims up to £10,000, with very limited costs recovery to encourage accessibility.
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Fast track?
For straightforward claims between £10,000 and £25,000; has a fixed timetable (trial within 30 weeks) and fixed trial costs.
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Multi track?
For complex or high-value claims over £25,000; features active case management by a judge, detailed disclosure, and longer trials.
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CPR Part 36 offers?
Formal settlement offers with significant costs consequences if unreasonably rejected, designed to encourage early resolution.
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What is the 'overriding objective' of the Civil Procedure Rules 1998?
To enable the court to deal with cases justly and at proportionate cost, ensuring parties are on an equal footing, saving expense, and dealing with cases expeditiously.
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Name the three divisions of the High Court and one type of case each handles.
1. King's Bench Division (KBD): High-value contract/tort, judicial review. 2. Chancery Division: Trusts, intellectual property, company law. 3. Family Division: Complex international family law disputes.
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What are the financial limits for the small claims track and the fast track?
Small Claims Track: Generally up to £10,000. Fast Track: For claims between £10,000 and £25,000.
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Which two types of judges primarily sit in the County Court?
District Judges (who handle most lower-value claims and case management) and Circuit Judges (who handle more complex cases and some appeals).
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What is a 'pre-action protocol'?
A set of procedural guidelines, part of the Civil Procedure Rules, that parties are expected to follow to exchange information and attempt to settle their dispute before commencing court proceedings.
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What was the main goal of the Woolf Reforms (1996)?
To reform the civil justice system to be just, fair, and efficient by tackling the problems of cost, delay, and complexity. This led to the Civil Procedure Rules 1998 and the 'overriding objective'.
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What was the primary focus of the Jackson Reforms (2010)?
To control the rising costs of civil litigation, particularly through changes to 'no win, no fee' agreements and promoting stricter costs budgeting and management by judges.
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What is the general rule on costs in civil litigation?
'Costs follow the event', meaning the losing party is usually ordered to pay the winning party's reasonable legal costs. This is heavily modified by the track system and conduct.
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What is the 'additional amount' penalty under Part 36?
If a claimant beats their own Part 36 offer at trial, the defendant must pay an extra sum, calculated as 10% of the first £500,000 of damages awarded, as a penalty for not settling.