Civil courts and civil process — common mistakes

When discussing the courts, always link their jurisdiction to the types of cases they hear and the judges who preside. For procedure, focus on the 'overriding objective' of the Civil Procedure Rules (CPR) and how the track system aims to achieve it by ensuring proportionality.

This is a common misconception. The Civil Procedure Rules strongly encourage parties to avoid court. Pre-action protocols require them to exchange information and consider Alternative Dispute Resolution (ADR), such as mediation or negotiation, before a claim is even issued. The courts can impose costs sanctions on a party that unreasonably refuses to engage in ADR. The vast majority of disputes are settled without a final court hearing.

No. An appeal is not a second chance to argue your case. You must first obtain permission ('leave') to appeal, which is only granted if the appeal has a real prospect of success. Furthermore, appeals are almost always restricted to arguments that the judge made an error of law or that there was a serious procedural irregularity which made the trial unfair. The appeal court will not re-hear evidence or reconsider the facts.

It is a widespread myth that juries are common in civil cases. In reality, they are exceptionally rare. The vast majority of civil trials in the County Court and High Court are decided by a judge sitting alone, who acts as the arbiter of both fact and law. There is a very limited right to a jury in a few specific civil cases, such as claims for defamation, false imprisonment, or malicious prosecution, but even in these cases, juries are uncommon.