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County Courts
High Court of Justice
The Court of Appeal (Civil Division)
The Supreme Court
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In England, simple civil actions are normally
heard in the County Courts – all small claims
cases and fast track cases
The County Court hears first instance civil
cases, such as contract disputes,
compensation claims, consumer complaints
and bankruptcy cases
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Formerly called plaintiffs
They seek legal remedy for some harm or
injury they have suffered
Most claims are initiated by the use of a claim
form, which functions as a summons
Once a claim has been issued, a copy is
served on the defendant who must respond
within 14 days
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Juries are now rare in civil actions, so the
judge usually considers both law and fact
There are circuit judges and recorders who sit
in the County Courts, usually without a jury
A recorder is a part-time judge with ten years
standing as a barrister or solicitor
Recorders generally hear less complex or
serious cases than circuit judges
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More complex cases are heard in the High
Court of Justice
It is divided in three divisions: Family,
Chancery and Queen’s Bench
The Court has both original and appelate
jurisdiction
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Family Division – for family-related disputes,
wardship cases and cases relating to children
under the Children Act 1989
Chancery Division – mortgages, trusts,
copyrights and patents
Queen’s Bench Division – contract and tort
claims
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From the High Court cases may go on appeal
to the civil division of the Court of Appeal,
which can reverse or uphold a decision of the
lower courts
Its decision binds all the lower civil courts
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The final appeal hearings and judgments of
the House of Lords took place on 30 July
2009. The judicial role of the House of Lords
as the highest appeal court in the UK has
ended.
From 1 October 2009, the Supreme Court of
the United Kingdom assumes jurisdiction on
points of law for all civil law cases in the UK
and all criminal cases in England and Wales
and Northern Ireland.
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All cases concerning goods, property, debt
repayment and breach of contract are subject
to Civil Procedure Rules.
The Rules came into force in 1999 in England
and Wales as a result of the Woolf Review of
the civil justice system and changed the civil
process in the County Court and the High
Court
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The CPR has introduced three "tracks" for
bringing cases to trial. Depending upon the
amount involved, cases will be allocated to
the appropriate track when the defence is
received:
1. Small claims track
2. Fast track cases
3. Multi-track cases
Small claims track (most cases under
£5,000) - replaces arbitration, similar
procedurally; costs remain unrecoverable.
Issued only in the County Court and for
claims less than £ 5,000. There is an
additional fee for allocation to the track
upon receipt of defence.
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Cases are heard by a District Judge
Cases are dealt with in a relatively informal
way
The winning party cannot recover the costs of
using a lawyer from the losing side – the use
of lawyers is discouraged
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Fast Track for claims of £ 5,000 to 15,000
where the trial will not last longer than one
day. Issued only in the County Court.
Lord Woolf: “…a strictly limited procedure
designed to take cases to trial in a short but
reasonable time-scale at a fixed cost”
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Multi-Track for claims over £ 15,000, issued
in the High Court and the County Court. Also
for claims where the Small Claims Track of
Fast Track do not apply.
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It is generally felt that the reforms are a
qualified success
The adversarial approach has been replaced
by more co-operation between parties, and
the use of ADR has increased
The real issues of cases are being defined
more quickly – more cases settling and earlier
settlements
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Negotiation
Mediation/conciliation
Arbitration
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An informal approach between the parties
themselves or their lawyers
Completely private
The quickest and cheapest method of
resolving a dispute
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Mediation is a process in which a neutral
person (the mediator) helps the parties reach
a compromise solution to their dispute; the
parties work out a solution themselves
In conciliation the mediator (or conciliator)
has power to suggest grounds for
compromise and the possible basis for
settlement
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The voluntary submission by the parties of
their dispute to the judgment of an arbitrator
who is neutral
The agreement to go to arbitration can be
made before a dispute arises or after the
dispute has arisen
The decision by the arbitrator is called an
award. It is binding on the parties and can be
enforced through the courts if necessary
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Plaintiff/claimant – tužitelj u građanskoj
parnici
Consumer – potrošač
Mortgage – hipoteka
Copyright – autorsko pravo
ADR – alternativno rješavanje sporova
Mediation – posredovanje
Arbitration- arbitraža