The County Court deals with the widest range of civil matters and these can include anything from contractual problems, to divorce cases and other matters linked to property and children. The most significant difference between the High Court and the County Court is the workload involved. The County Court has a much greater workload and turnover of cases. 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. These claims are heard in ordinary court and Judges are generally encouraged to be more inquisitorial and take a more interventional approach to speed up the process. This simplifies things for both parties too.
The Fast Track is used for cases where the claim is for between £5000 and £15000 (£1000-£15000 for Personal Injury) and where the case is not expected to last for more than a day. A district judge hears these and the winner will claim costs including those for legal representation.
The last is the Multi Track and this is for cases over £15000 or lower claims of unusual complexity. Circuit Judges hear these cases and use trial management by setting a timetable. They can also suggest Alternative Dispute Resolution.
The final, main court in the Civil Justice System is the High Court. These usually hear claims over £50000 and the court is broken up into three divisions, each with their own jurisdiction and areas of specialisation. 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.
