• Join over 1.2 million students every month
  • Accelerate your learning by 29%
  • Unlimited access from just £6.99 per month

'Describe the jurisdiction of the High Court and the County Court in civil cases including an explanation of the track system

Extracts from this document...

Introduction

'Describe the jurisdiction of the High Court and the County Court in civil cases including an explanation of the track system.' There are four main civil courts in the English Legal System, which hold civil jurisdiction; the County Court, High Court, Court of Appeal and The House of Lords. There are also smaller civil courts with some jurisdiction such as the Magistrate's Court and then there is the European Court of Justice setting precedent for all our courts. The magistrate's court has a very small amount of civil jurisdiction. They are responsible for granting licences to pubs, betting shops and other outlets. They also have jurisdiction over some domestic matters such as adoption and some other matrimonial matters. ...read more.

Middle

The county court hears cases up to £50,000, for both personal injury and normal claims, since the recommendations for reforms from Lord Justice Woolf in the Courts and Legal Services Act 1990. These cases are nearly always heard in open court (anyone can attend) and utilise the three track system introduced by Woolf in the Civil Procedure Act 1997 to improve the efficiency of the civil justice system. These are the Small Claims procedure, Fast Track and Multi Track systems. The Small Claims procedure is designed to be relatively cheap, simple and fast. Claims under £5000 (£1000 for personal injury) are heard using the Small Claims procedure and the claimant and defendant are encouraged to represent themselves to lower costs. ...read more.

Conclusion

These divisions are The Queen's Bench Division, Chancery Division and Family Division. The Queens Bench Division is headed by Lord Chief Justice and the vast majority of cases that come before this court are concerned with all forms of tort law and breach of contract. The Queen's Bench Division also conducts judicial Review cases. The Chancery Division deals with company law matters, conveyancing, land law matters, copyright actions and breach of patent, probate and taxation cases. The final division is the Family Division whose jurisdiction is primarily to hear divorce and matrimonial cases. Also it hears social welfare cases (child welfare, financial orders for the division of family property, payment of maintenance and others.) Other minor issues concerning the court include adoption, custody and the access of children. ...read more.

The above preview is unformatted text

This student written piece of work is one of many that can be found in our University Degree English Legal System section.

Found what you're looking for?

  • Start learning 29% faster today
  • 150,000+ documents available
  • Just £6.99 a month

Not the one? Search for your essay title...
  • Join over 1.2 million students every month
  • Accelerate your learning by 29%
  • Unlimited access from just £6.99 per month

See related essaysSee related essays

Related University Degree English Legal System essays

  1. This essay will critically evaluate the development of English law relating to the ability ...

    (Ibid, 161-162). Cost capping is also one method of controlling the costs of litigation. CPR Part 26 requires both parties to provide estimates of costs. The assumption would be that these costs, taken before the trial, would be capped at the estimation.

  2. Alternative Dispute Resolution.

    Unfortunately, that occurred on the project in question. Lacking any other source of funds to pay the contractors, the consulting firm apologetically informed us that we would not be remunerated for the preceding three months' work. My response to the situation was to keep in touch with the consulting firm and to inquire about the status of the

  1. [Alternative Dispute Resolution] has been described as being 'at the heart of today's' civil ...

    One disadvantage is that Arbitration can still be expensive and long. Protection and safe guards associated with courts is often substituted by the need for speed in Alternative Dispute Resolution.

  2. Free essay

    Evaluation of the English Court System

    in operation is in exclusion clauses in contract law which applies the "contra proferentem" rule). It shows how judges may "reason backwards". However, could also be said to confirm fears that the courts are in need of reform to put a stop to the "claim culture" in which we now live1.

  1. Can Arbitration be combined with other forms of dispute resolution?

    Lord Stewart in Roxburgh v Dinardo [1981] S.L.T. 291 stated "It is clear that the court in Scotland does not have any discretion to permit an action to proceed because it considers that course to be more appropriate that arbitration".

  2. Effectiveness Of The Woolf Report Reforms.

    to avoid this the courts can set strict deadlines which if not met can lead to penalties in the form of a reduction of compensation received. Now the only way a case can be stopped or slowed down is if either side offers to settle.

  1. Magistrates and the English court system

    - Appeals- in ordinary appeals against conviction from the magistrates courts to the Crown Court, (usually two) magistrates sit with a circuit judge. - Dealing with requests for arrest and search warrant from the police. This was appointed by the Lord Chancellor in 1998.

  2. The European Court of Justice

    Art 3 of the Treaty of Rome (as amended) seeks to define the relationship between community institutions and member states through the principle of subsidiary. "The meaning of this provision is unclear. Article 3b does not define the circumstances in which action at community level is necessary to achieve Treaty objectives, and for that reason is likely to lead to disputes.

  • Over 160,000 pieces
    of student written work
  • Annotated by
    experienced teachers
  • Ideas and feedback to
    improve your own work