Civil Court Hierarchy and Remedies

In my last blog post, we looked at the structure of the criminal courts in England and Wales, as well as what the purpose of remedies is and what remedies are available. In this blog post, we will be looking at a similar thing, but for the civil court system of England and Wales.

Knowing the structure of the courts will help you with questions involving the court hierarchy, such as those about judicial precedent. You may need to write an essay about remedies and knowing the remedies available will help with problem scenarios that ask for this.

First, we will consider the structure and hierarchy of the civil courts of England and Wales. We will then look at what role remedies play in civil law, such as their purpose and the different types available.

Civil Court Hierarchy

Claims Tracks

There are three different claims tracks that claimants can use. The first is the small claims track, which is used for claims up to £10,000, including claims with an element of personal injury, provided the damages for personal injury do not exceed £1,000. It also covers housing claims of up to £1,000 for repairs or £1,000 for damages. The small claims track cannot be used for injunctions, damages for harassment or unlawful eviction.

The fast track can be used for more complex cases than the small claims track. It covers claims worth £10,000 to £25,000. The time from directions to trial should be no more than 30 weeks.

Finally, there is the multi-track. This is used for the most complex cases of all, for example, where there is an unclear or often disputed point of law. It is available for claims over £25,000 and is usually used if the trial is expected to last more than a day. Multi-track cases can take a long time to get to court.

County Courts

County courts are where the majority of civil cases are heard. They are heard by either a circuit judge, district judge or deputy district judge. Circuit judges have a larger jurisdiction than district judges. County courts also have a bailiff to deal with money owed and enforce court orders.

Magistrates’ Courts

Magistrates’ courts mostly deal with criminal cases but do hear some civil ones. Cases are heard by a bench of magistrates.

High Court

The High Court deals with the most serious civil offences, often with complex legal issues involved. As a general rule, the High Court hears cases with a value of over £100,000, although it can hear cases with a lower value if there are complicated legal issues. Therefore, cases in the multi-track are the most suitable for the High Court.

The High Court is further divided into three sections: Chancery, Queen’s Bench and Family. The Chancery Division hears cases concerning bankruptcy, the dividing of estates, sale of land, and copyrights. The Queen’s Bench Division hears cases such as judicial review, some that can’t be tried in the county courts, and habeas corpus (violation of personal liberty) cases. Finally, the Family Division hears cases concerning matrimony and divorce, guardianship, and adoption. The cases in the High Court are heard by a judge, sometimes with a jury.

Court of Appeal

The civil division of the Court of Appeal hears appeals from the High Court and county courts. Cases are usually heard by a bench of three judges, although there may be more for complicated cases.

Cases can only proceed to the Court of Appeal with permission. This is usually given by whichever court first heard the case, but parties can also apply to the Court of Appeal for the right to appeal. However, this will only be granted if certain criteria are met.

Supreme Court

The Supreme Court replaced the House of Lords in 2009 as the final court of appeal. It hears both civil and criminal cases of great importance. Appeals must be made on a point of law, which would be an area of general public importance.

Cases are usually heard by five of the twelve judges of the Supreme Court, but this number may be higher for more important or complex cases.

Purpose of Remedies

The purpose of remedies in civil law is to put the parties back in the position they were in before the transgression occurred, as much as is possible. This is in contrast to criminal law, where the main purpose of remedies is to punish the offender. Instead, civil law remedies are focused on restitution, meaning that they aim to make good any damage caused.

What Remedies are Available?

One remedy that may be granted is the payment of damages. The court will work out what losses the claimant has suffered, both financially and in less obvious ways, and order that the defendant pays this.

A court may also order specific performance, which requires the defendant to do a particular thing, usually to fulfil a contract. This cannot be used where damages will suffice; it only applies when the contract matter is unique.

Alternatively, the court may grant an injunction, which prevents the defendant from doing certain things, such as acting in a way which would breach a contract. Again, it can only be used where damages would not help.

Wrapping Up

I hope that you now know more about the civil courts and the remedies available! In my next blog post, we will turn our attention to pressure groups, so come back in two weeks for that!

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