by Lisa Incledon

 Civil cases involve individuals or organisations, rather than the state and an individual.
 Parties are called:
 Claimant
 Defendant
 If there is an appeal:
 Appellant
 Respondent


Rule 1: the ‘ overriding objective ’ is –
 enabling the court to deal with cases justly.
 What does this involve?

Overriding Objective of CPR
 Ensuring parties are on an equal footing
 Dealing with cases proportionately to:
 Amount of money involved
 Importance of the case
 Complexity
 Ensuring cases are dealt with fairly and efficiently

 The two courts which hear civil cases at first instance are:
 County Court
 High Court
 What does first instance mean?

 When can a claimant start a case in the High Court (rather than County Court)?
 How do you start a case?
 What can a defendant do once a claim has been brought against them?

 The Civil Procedure Rules include the three-track system:
 Small Claims track
 Fast track
 Multi-track

 Single entity operating in 216 separate locations.
 County Court can try small claims, fast track and multi-track cases.

 What is the maximum value of a claim on the small claims track?
 Quicker, cheaper and simpler than the other tracks.
 Parties are encouraged to represent themselves to keep costs to a minimum.
 What are the advantages and disadvantages of the small claims track?

 Which claims are dealt with in the fast track?
 Features of the fast track include:
 Timetable/case management by judge
 Claims to be disposed of in one day
 Hearing should be within 30 weeks of judge’s directions
 Usually limited to one expert
 Has the introduction of the fast track improved the civil court procedure?

 Which claims are dealt with on the multi-track?
 Heard by Circuit Judge who will also be expected to manage the case and set timetables.
 Can ask parties to try alternative dispute resolution (ADR) and stay proceedings whilst they do so.
 Which court(s) could these cases be heard in?

 The High Court has three
Divisions which:
 Act as a court of first instance
 Have a Divisional Court which hears appeals
 What are the three Divisions?
 What areas do they focus on?

 What are the appeal routes from the:
 County Court?
 High Court?
 Complete the flow chart with each of the main appeal routes.

 Some cases in the County Court have specific appeal routes:
 Family cases in the County Court
→ Divisional Court of the Family
Division
 Bankruptcy and land law cases
→ Divisional Court of the Chancery
Division