Term
| County Court small claims procedure |
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Definition
| Value of claim is under £10,000. |
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Term
| County Court fast-track procedure |
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Definition
| Value of claim is £10,000 -£25,000. |
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Term
| Either High Court or County Court multi-track procedure |
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Definition
| Value of claim is £25,000.-£50,000. |
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Term
| High Court multi-track procedure |
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Definition
| Value of claim is over £50,000. |
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Term
| Type of cases that go to the County Court |
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Definition
| Contract claims, e.g., for failure to pay agreed amount; tort claims, e.g., personal injury caused through negligence; land law cases, especially for recovery of possession of land; disputes over partnerships, trusts and inheritance up to the value of £30,000.; divorce cases |
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Term
| Three divisions of the High Court |
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Definition
Queen's Bench Division
Chancery Division
Family Division |
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Term
| Cases decided in the Queen's Bench Division |
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Definition
-mainly contract and tort cases
-applications for judicial review |
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Term
| Cases decided in the Chancery Division |
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Definition
-insolvency, for both companies and individuals
-enforcement of mortgages
-disputes relating to trust property
-copyright and patents
-intellectual property matters
-contested probate cases |
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Term
| Cases decided in the Family Division |
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Definition
-all cases relating to children under the Children Act 1989
-declarations of nullity of marriage |
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Term
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Definition
| ...means that the court will set down a very strict timetable for the pre-trial matters. This is aimed at preventing one or both parties from wasting time and running up unnecessary costs. The aim is to hear the case within 30 weeks. District judge hears the case with a more formal procedure than for small claims. The hearing is limited to one day and usually one expert witness is permitted. |
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Term
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Definition
| Claims for more than £25,000. If the case was started in the County Court then it is likely to be tried there, though it can be sent to the High Court. Circuit judge hears the case and manages it from the moment it is allocated. The judge can set timetables and also ask the parties to try ADR |
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Term
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Definition
| It makes sense to have a relatively cheap and simple way of making a claim for a small amount of money, otherwise the costs of the action will be far more than the amount in dispute. The procedure started in 1973 and originally only claims of up to £75 could be made there. After the Woolf Report, the limit was increased to £3,000. The current upper limit is £10,000. Use of lawyers is discouraged. If a lawyer represents you, you won't recover legal costs from the losing party. The district judge hears such cases and they are flexible and inquisitorial |
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