Revise Civil courts and civil process for Cambridge 9084 (1.2.1)

The County Court is the primary court for civil litigation in England and Wales, handling the vast majority of cases. Its jurisdiction is geographically based, with numerous courts located throughout the country. It hears a wide range of matters, including most contract and tort claims, disputes over land or property, and insolvency proceedings. Cases are heard by either District Judges, who handle most of the day-to-day cases including small claims, or more senior Circuit Judges, who deal with more complex or higher-value cases, such as those on the multi-track. The County Court's authority is extensive, but it generally deals with claims that are considered less complex or of a lower financial value than those reserved for the High Court.

The High Court of Justice, based primarily in London but with district registries nationwide, handles the most substantial and complex civil cases. It has both original and appellate jurisdiction. It is divided into three specialist divisions. The King's Bench Division (KBD) deals with high-value contract and tort claims, as well as judicial review. The Chancery Division specialises in complex matters such as trusts, probate, intellectual property, and company law. The Family Division hears complex family cases, particularly those involving international elements or significant assets. Cases are heard by High Court Judges, also known as 'puisne' judges, who possess deep expertise in their respective fields. The value of claims in the High Court is typically over £100,000.

A party who is dissatisfied with a court's decision does not have an automatic right to appeal. Permission, or 'leave', to appeal must first be granted. An appeal is not a re-hearing of the entire case; new evidence is rarely considered. Instead, the appeal court reviews the decision of the lower court to determine if an error of law or a serious procedural irregularity occurred. Appeals from a District Judge in the County Court are typically heard by a Circuit Judge in the same court. Appeals from a Circuit Judge or the High Court are heard by the Court of Appeal (Civil Division). The final court of appeal in the UK is the Supreme Court, which only hears appeals on points of law of general public importance.

The civil process begins before court action, with pre-action protocols encouraging parties to exchange information and consider Alternative Dispute Resolution (ADR). If this fails, a claimant starts proceedings by issuing a claim form. Once a defence is filed, the case is allocated to one of three tracks based on its financial value and complexity. The small claims track (up to £10,000) is for simple disputes, with informal procedures and limited costs. The fast track (£10,000 - £25,000) has a strict timetable and fixed costs. The multi-track (over £25,000 or complex cases) is for the most significant claims, with active case management by a judge to control costs and procedure.

The modern civil process has been shaped by two major reviews. The Woolf Reforms (1996) identified that the previous system was too expensive, slow, and complex. This led to the Civil Procedure Rules (CPR) 1998, which introduced the 'overriding objective' to deal with cases justly and at proportionate cost. Key innovations included the three-track system, active case management by judges, and encouraging ADR.

Later, the Jackson Reforms (2010) addressed the continuing problem of disproportionate costs. This review led to significant changes, including stricter costs management in multi-track cases (requiring parties to file costs budgets), and modifications to 'no win, no fee' agreements. A key tool for controlling costs and encouraging settlement is the Part 36 offer. This is a formal offer to settle with strict costs consequences if it is rejected and the rejecting party fails to achieve a better result at trial. The general rule on costs is that 'costs follow the event' (the loser pays the winner's costs), but this is always subject to the court's discretion and the powerful effect of Part 36 offers.