UNIT 1.

2 MACHINERY OF JUSTICE

6 Civil courts and civil process

Unit 1.2 Machinery of justice

Introduction
It is important to understand the differences
between civil cases and criminal cases.
Civil cases cover a wide range of matters, so there
cannot be a specific definition that covers all of
them. However, a basic definition for a civil case or
claim is to say that they arise when an individual
or a business believes that their rights have been
infringed in some way. These rights may be in
contract law, the law of tort, family law, employment
law or company law. This chapter links to the key
concept of justice, fairness and morality.

6.1 Role and jurisdiction of the civil 6.1.2 High Court

courts The High Court is based at the Royal Courts of Justice
in London but also has judges sitting at a number of
6.1.1 County Court towns and cities throughout England and Wales. It has
There are about 150 County Courts around the country the power to hear any civil case of unlimited value and
which can try civil cases up to certain financial limits. where the case is too complicated to be heard in the
The main types of cases heard in this court are: County Court. It has three Divisions, each of which
» claims in contract and tort specialises in hearing certain types of case. These
» all cases for the recovery of land, such as by a divisions are the Queen’s Bench Division, the Chancery
landlord from a tenant or by a lender where the Division and the Family Division.
householder has failed to pay the mortgage
» disputes over partnerships, trusts and inheritance up
to a value of £350 000
» divorce and family and financial disputes arising
from the breakdown of a relationship.
The County Court can deal with small claims, fast-track
and multi-track cases, and its workload is much greater
than the High Court. In 2018, just over two million
cases were started in the County Courts, the vast
majority of which were claims for money.
Smalls claims hearings are informal and held in private.
Only the parties and the District Judge will be present.
Lawyers are not encouraged and legal arguments are
kept to a minimum. ▲ Figure 6.1 The Royal Courts of Justice
Except for small claims, cases will nearly always Queen’s Bench Division
be heard in open court by a single judge, usually a The President of the Queen’s Bench Division is the Lord
Circuit Judge, and members of the public are entitled Chief Justice, and there are over 70 judges sitting in
to attend. The whole hearing is formal and many this Division. It normally deals with contract and tort
claimants and defendants will be represented, usually cases where the amount claimed is over £100 000 and
by a solicitor but sometimes by a barrister. However, the issues are complex. The exceptions are personal
as many litigants are unable to pay legal fees, it is injury cases, where it can deal with cases where the
becoming increasingly common for litigants to represent claim is over £50 000, and defamation cases. Only multi-
themselves. There is a financial limit on cases heard in track cases are dealt with in the High Court. Usually
the County Court, depending on the track the case is cases are tried by a single judge.
allocated to (see Figure 6.5 below).

55
 Cases in the High Court are formal, expensive and can
take a long time to come to trial.
6 Chancery Division
The Chancellor of the High Court is the head of the
Division. There are about 14 High Court Judges assigned
to the Division. The main business of this Division
involves disputes concerned with matters such as
insolvency (for both companies and individuals), the
enforcement of mortgages, disputes relating to trust
SECTION 1 ENGLISH LEGAL SYSTEM
property, copyright and patents, intellectual property
matters and contested probate actions. There is also
a special Companies Court in the Division, which deals
mainly with winding up companies. Cases are heard by a
single judge.
The same comments of cost and delay that apply to the
Queen’s Bench Division apply equally to cases heard in
the Chancery Division.
Family Division
The Crime and Courts Act 2013 created a single Family
Court, to deal with all family cases. This includes
divorce, custody of children and maintenance. The
judges come from all levels of the judiciary: magistrates
who are on the family panel, District Judges, Circuit
Judges and High Court Judges who are assigned to the
Family Division.
Supreme Court
Court of Appeal Civil Division
High Court
Chancery Queen’s Family
Division Bench Division Division
County Court
▲ Figure 6.2 Hierarchy of the civil courts
6.1.3 Court of Appeal (Civil Division)
This is the main appellate court for civil cases and it is
headed by the Master of the Rolls. It hears appeals from
cases originally tried in all three divisions of the High
Court and the County Court for multi-track cases.
Permission to appeal is required in most cases. It can be
granted by the lower court where the decision was made
56
312098_06_Cambridge_AS_and_A_Level_Law_055-061.indd 56
or by the Court of Appeal. Permission to appeal will only
be granted where the court considers that an appeal
would have a real prospect of success or that there is
some other compelling reason why the appeal should be
heard.
If the appeal is heard in the Court of Appeal, it will
usually be heard by three judges. The grounds of an
appeal can be on an error of law by the trial judge,
liability and/or the amount of damages awarded.
6.1.4 Supreme Court
This is the final civil court of appeal. It hears appeals
from the Court of Appeal and, on occasion, direct from
the High Court under the ‘leapfrog’ provisions. Appeals
are heard by the Justices of the Supreme Court. They
have to sit as an uneven number panel, so there can be
three, five, seven or even nine judges sitting to hear an
appeal.
Again, permission to appeal is required, which can be
given by either the Supreme Court or the lower court.
The number of appeals heard by the Supreme Court is
small, usually about 70 cases per year involving civil
law, with about half of these involving a question of
statutory interpretation. The grounds of an appeal have
to be based on an error of law by the trial judge or the
Court of Appeal. The Supreme Court will not rule on the
amount of damages awarded.
ACTIVITY
Advise the people in the following situations.
1 Imran has bought an HD television costing £370
from a local electrical superstore. He finds
that HD pictures do not work, but the store
refuses to replace the television or to refund
the purchase price to Imran. He wishes to claim
against the store. Advise him in which court to
start a case and how he should go about this.
Also explain to him the way in which the case
will be dealt with if the store defends the claim
and there is a hearing.
2 Thomas has been badly injured at work and
alleges that the injuries were the result of
his employer’s failure to take proper safety
precautions. He has been advised that his claim
is likely to be worth £200 000. Advise him as to
which court or courts could hear his case.
3 Sarah has supplied goods worth £70 000 to a
manufacturing company which now disputes
that it ordered the goods and states that it does
not owe her any money. Advise her which court
she should use to claim her money.
15/04/21 2:49 PM
 6.2 The Woolf reforms
The present system of civil justice is based on reforms
recommended by Lord Woolf in his report Access to
Justice (1996).
Lord Woolf stated that a civil justice system should:
» be just in the results it delivers
» be fair in the way it treats litigants
» offer appropriate procedures at a reasonable cost
» deal with cases at a reasonable speed
» be understandable to those who use it
» provide as much certainty as the nature of particular
cases allows
» be effective, adequately resourced and organised.
The report found that virtually none of these points
was being achieved in the civil courts, and criticised
the system for being unequal, expensive, slow,
uncertain and complicated. The report contained 303
6.2.1 Effect of the Woolf reforms
▼ Figure 6.3 Evaluation of the Woolf reforms
Advantages of Woolf reforms
• The culture of litigation has changed for the better,
with greater co-operation between the parties.
• There has been an increased rate of settlement in cases.
• Judges are now taking a more active role in managing
cases.
• There is less delay.
6.2.2 The Civil Procedure Rules
As a result of the Woolf Report, new Civil Procedure Rules
were introduced in 1999, with an overriding objective
to enable the courts to deal with cases justly and at
proportionate cost. This means that courts should try to:
» ensure that parties are on an equal footing
» save expense
» deal with cases in a way that is proportionate to the
amount being claimed, the importance of the case
(for example is there a major point of law involved?)
and the complexity of the case
» ensure that the case is dealt with quickly and fairly
312098_06_Cambridge_AS_and_A_Level_Law_055-061.indd 57
recommendations. The most important ones proposed
were as follows:
» extending the value of small claims from the then 6
limit of £1000 (the present level is £10 000)
» providing a fast track for straightforward cases of
moderate value (the present limits are £10 000 to
£25 000)
» providing a multi-track for larger claims (now over
£25 000)
» encouraging the use of alternative dispute resolution
Unit 1.2 Machinery of justice
(ADR)
» giving judges more responsibility for managing cases
» making greater use of information technology
» simplifying documents and procedures and having a
single set of rules governing proceedings in both the
High Court and the County Court
» having shorter timetables for cases to reach court
and for lengths of trials.
Disadvantages of Woolf reforms
• The main problem of cost still remains. In 2011, the
government in their consultation paper, Solving Disputes
in the County Court pointed out that:
– It was 15 years since the Woolf Report and the
system had not kept pace with the ‘major economic
and social shifts that have taken place since’. It
believed that the system needed to focus more on
dispute resolution and debt recovery, rather than the
ideals of ‘justice’.
– The costs of taking a case to court are often more
than the amount claimed. The ideal is that disputes
‘should be resolved in the most appropriate forum, so
that processes and costs are commensurate with the
complexity of the issues involved’.
» allocate an appropriate share of the court’s resources
(so smaller claims do not take up more time than
they justify).
Judges have more control over proceedings than
previously. They can set timetables and make sure that
the parties do not drag out a case unnecessarily.
Rule 1.4 of the Civil Procedure Rules explains that as
well as fixing timetables, ‘active case management’ by
judges includes:
» identifying the issues at an early stage
» deciding which issues need investigation and trial.
57
14/01/21 5:05 PM
 ▼ Figure 6.4 The Woolf reforms Initially, when a dispute arises, some form of
negotiation should take place either by meeting the
6 Key facts other person or writing to the other person setting out
Aspects of Woolf the complaint. Many cases should be resolved at this
reform Description stage by the other party agreeing to refund money,
Courts dealing with • County Court change goods or pay the debt or claim.
civil cases • High Court
Different tracks for • Small claims 6.3.2 Legal advice
claims • Fast track If there is no settlement, then the aggrieved person must
SECTION 1 ENGLISH LEGAL SYSTEM

• Multi-track decide whether they are prepared to take the matter

Problems of civil • Cost further by getting legal advice and the lawyer writing
cases • Delay to the other person. This may lead to a ‘bargaining’
• Complexity situation, where contact takes place between the parties
Woolf reforms • Encourage use of ADR and eventually a compromise is reached.
• Simpler forms and language However, if, after all this, the other side refuses to
• Increased small claims limit compromise, or even negotiate, then the aggrieved
• Created fast track for claims of person must decide if the matter is worth pursuing any
moderate value further. This may involve starting a court case, or using
• Created multi-track for larger one of the alternative forms of dispute resolution, also
claims known as ADR (see Chapter 7).
• Judges responsible for case
management
6.3.3 Going to court
• Strict timetables
Taking a case to court can be expensive and complicated,
Advantages of Woolf • More co-operation between
even if it is decided to ‘do it yourself’ and not use a
reforms parties
lawyer. The following issues should be considered:
• More cases settled
• Judges actively managing
» Is there a valid claim based on a legal issue?
cases » Does the person or business against whom action is
• Cases, especially small claims being taken have enough money, or insurance cover,
and fast track, heard more to make them worth suing?
quickly » Are the issues complicated? If so, will a lawyer be
needed? Is there good evidence in support of the
Disadvantage of • Costs too high and may be
claim? Is the person claiming prepared to spend time
Woolf reforms more than the amount claimed
pursuing the claim?
» Is ADR a better option?
6.2.3 Applying the rules in court » Is the person taking the case prepared to pay an
Case management has led to the issues in cases being initial court fee and prepared to pay the other side’s
identified more quickly, so that more cases are settled costs if the claim is lost?
without the need for a trial. Use of ADR has been » In tort cases, will a lawyer be prepared to take the
encouraged, as the courts will make a costs order claim on a ‘no win, no fee’ basis?
against those who unreasonably refuse to attempt ADR.
6.3.4 Filing a claim
Judges apply strict timetables. For example, in Vinos v
Marks and Spencer plc (2000), the claimant’s solicitors If it is decided to pursue a court case, a claim form (N1)
had issued a claim just within the time limit and had has to be filed, which sets out:
told the defendant’s insurers that they had done so. » the claimant’s name and address for the sending of
However, they were nine days late in serving that claim court documents
on the defendant. The claim was struck out by the court » the defendant’s name and address where the claim
because of this delay. form is to be sent to
» what is being claimed, for example an amount of money
in damages or another remedy such as an injunction
6.3 Pre-trial procedures » the grounds for making the claim, showing the
6.3.1 Starting a court case relevant law.
People should regard a court case as a last resort and The claim form must be filed at a court office, or online,
should try to resolve a civil problem without going to and an initial fee paid. The court will then serve the
court. claim on the defendant.

58

312098_06_Cambridge_AS_and_A_Level_Law_055-061.indd 58 14/01/21 5:05 PM

 6.4 Allocation of cases
When the decision is made to go to court, it has to
be decided which court to use – the County Court
(including the Small Claims’ Court) or the High Court.
Where the claim is for £100 000 or less, the case must
be started in the County Court, except that a personal
injury claim over £50 000 can be started in the High
Court.
Where a court claim is issued and then defended, it
has to be allocated to a track. The decision on which
track should be used is made by a District Judge in the
County Court or a Master (a procedural judge) in the
High Court.
▼ Figure 6.5 Summary of where cases are likely to be held
according to the value of the claim
Court and track in which the
Value of the claim case will usually be tried
Under £10 000 County Court small claims
procedure
£10 000 to £25 000 County Court fast track procedure
£25 000 to £100 000 County Court multi-track
procedure
Over £100 000 High Court
To help the judge consider to which track a claim
should be allocated, both parties are sent an allocation
questionnaire.
6.4.1 Small claims track
This is a relatively cheap and simple way of making a
claim for a small amount of money; otherwise the costs
of the action could be far more than the amount in
dispute.
Claimants are encouraged to take their own case,
so that costs are kept low. The use of lawyers is
▼ Figure 6.6 Evaluation of the small claims track
Advantages of using small claims track
• The cost of issuing a claim is low.
• The loser will not have to pay the other person’s legal
costs.
• Claimants do not have to use lawyers, but are
encouraged to take the case themselves.
• The procedure is quicker and simpler than for other
tracks.
• In the hearing, the District Judge should help the
parties to explain their case.
312098_06_Cambridge_AS_and_A_Level_Law_055-061.indd 59
discouraged, as the winner cannot claim legal costs
from the losing party.
District Judges are encouraged to be more inquisitorial. 6
If the parties agree, it is possible to have a paper trial
where there are no witnesses. Instead, both sides set
out their points on paper. The judge reads these and
also any supporting paperwork and makes the decision
on the paper evidence.
Unit 1.2 Machinery of justice
6.4.2 Fast track cases
Claims between £10 000 and £25 000 are dealt with as
fast track cases. Personal injury cases and housing cases
over £1000 and up to £25 000 are also dealt with as fast
track cases.
Following completion of an allocation questionnaire,
a District Judge decides whether the case is suitable
for the fast track. If so, a strict timetable will be
set for pre-trial matters. This is aimed at preventing
one or both sides from wasting time and running
up unnecessary costs. Once a case is set down for
hearing, the aim is to have the case heard within
30 weeks. This timetable has considerably reduced
delays for this type of claim.
The trial will usually be heard by a Circuit Judge in open
court with a more formal procedure. In order to speed
up the trial, the hearing will be limited to a maximum
of one day and the number of expert witnesses will be
restricted.
6.4.3 Multi-track cases
Claims for more than £25 000 are usually allocated to
the multi-track. If the case was started in a County
Court, then it is likely to be tried there, though
it can be sent to the High Court if the claim is for
over £100 000 or there are complicated issues of law
involved.
Disadvantages of small claims track
• Legal funding for paying for a lawyer is not available,
though it may be possible in a tort claim to fund the
case through a ‘no win, no fee’ arrangement.
• Where the other side is a business, it is more likely to
use a lawyer. This can put an unrepresented litigant at a
disadvantage.
• Research has shown that District Judges are not always
helpful to unrepresented litigants.
• Even if the case is won, it does not mean that the
claimant will recover their awarded money from the
defendant. Only about 60% of successful claimants
actually receive all the money awarded by the court.
59
14/01/21 5:05 PM
 The case will be heard by a Circuit Judge, who will
‘manage’ the case from the moment it is allocated to
6 the multi-track route. The judge can set timetables. It
is even possible to ask the parties to try an alternative
method of dispute resolution in an effort to prevent
waste of costs.
Internet research
Mikel, a keen footballer, suffered serious leg injuries
SECTION 1 ENGLISH LEGAL SYSTEM
TARGET SKILLS
1 Name the civil trial and appeal courts.
2 Identify who hears trials in each of the civil
courts.
3 Assess the effect of the Woolf reforms on civil
court procedures.
4 Evaluate the advantages and disadvantages of
an individual claimant taking a claim in the civil

in a car accident caused by Ralph’s bad driving. He courts.

is unable to work for four months, losing £10 000 in
wages. He is told he can claim against Ralph for the
lost wages, £15 000 for loss of enjoyment as he will
Court of Appeal
not be able to play football again, and £40 000 for (Civil Division)
pain and suffering due to the accident.
Download an N1 claim form from www.gov.uk/
government/publications/form-n1-claim-form-cpr- Circuit Judge High Court Judge
part-7 and complete the details in order for his claim
to be issued.
case heard by case heard by
District Judge Circuit Judge
6.5 Appeals
The appellate courts are courts that hear appeals from ▲ Figure 6.7 Appeal routes from the County Court
lower courts. The main appellate courts are the Court of
Appeal (Civil Division) and the Supreme Court.
An appeal can be made in a civil case against liability Supreme Court
and/or the award – usually the amount of damages
ordered to be paid. An appeal court can:
» confirm or alter the initial decision on liability Court of Appeal (Civil Division) leapfrog appeal
» confirm, increase or decrease the amount of
damages.
High Court
6.5.1 Appeals from a County Court hearing
» For fast-track cases decided by a Circuit Judge, an ▲ Figure 6.8 Appeal routes from the High Court
appeal is heard by a High Court Judge.
» For final decisions in multi-track cases heard in the
County Court, the right of appeal is to the High
Court. STRETCH AND CHALLENGE
Glenda tells you that she has been badly injured in
6.5.2 Appeals from a High Court hearing
an accident caused by Daniel. He admitted he was
From a decision in the High Court, an appeal usually at fault at the time but now refuses to pay her any
goes to the Court of Appeal (Civil Division), but in rare compensation. She understands that she can take
cases there may be a ‘leapfrog’ appeal direct to the court action, but she is worried about the idea of
Supreme Court. using the civil courts.
Such an appeal must involve an issue that is of national Write a note for her setting out the points for
importance or raises issues of sufficient importance to and against using the civil courts to claim her
warrant the leapfrog, or the benefit of going straight compensation.
to the Supreme Court must outweigh the benefit of the
case being considered by the Court of Appeal.

60
 ▼ Figure 6.9 Advantages and disadvantages of the civil courts

Advantages
• The process is fair – everyone is treated alike
• The judge is impartial
• The judge is a legal expert
• Decisions can be enforced through the courts
• Appeals are possible against liability and amount of
damages awarded
• Help with funding may be available in certain cases –
Disadvantages
• Cost of taking proceedings including loser paying the
6
winner’s costs
• Delay due to procedures and waiting for hearings
• Process is complex usually needing specialist lawyers
• Uncertainty of outcome until a final decision is made
• Confrontational process, partly due to use of lawyers
and having to ‘win’ or lose the case

Unit 1.2 Machinery of justice

very limited legal aid or no win no fee arrangements

TEST YOURSELF EXAM-STYLE QUESTIONS

1 Describe the tracking system of civil court claims.
1 Describe how a civil claim for damages can be
taken in: 2 Discuss the difficulties an individual claimant may
– the County Court encounter when pursuing a high-value civil court
– the High Court. claim.
2 Assess the advantages and two disadvantages
for an individual claimant using the small
claims procedure.
3 Describe the tracking system for a civil claim
for damages.
4 Describe the grounds on which an appeal in a
civil claim can be taken and the procedure for
such an appeal.
5 Assess the effect of the Woolf reforms on the
civil justice system.

61

312098_06_Cambridge_AS_and_A_Level_Law_055-061.indd 61 14/01/21 5:05 PM