Countries of the World/COUNTRYS.BIN/dp/0055/00554.txt

Text File | 1991-06-24 | 16KB | 307 lines

$Unique_ID{COW00554}
$Pretitle{405}
$Title{United Kingdom
Civil Courts}
$Subtitle{}
$Author{Embassy of the United Kingdom, Washington DC}
$Affiliation{Embassy of the United Kingdom, Washington DC}
$Subject{court
courts
cases
civil
appeal
county
high
general
law
lord}
$Date{1990}
$Log{}
Country:     United Kingdom
Book:        Justice and the Law in Britain
Author:      Embassy of the United Kingdom, Washington DC
Affiliation: Embassy of the United Kingdom, Washington DC
Date:        1990

Civil Courts

England and Wales

     The limited civil jurisdiction of magistrates' courts extends to
matrimonial proceedings for custody and maintenance orders, adoption orders,
guardianship orders and family protection orders. The courts also have
jurisdiction regarding public health and the recovery of community charge
debts. Committees of magistrates license public houses, betting shops and
clubs.

     The jurisdiction of the 286 county courts covers actions founded upon
contract and tort (with minor exceptions); trust and mortgage cases; and
actions for the recovery of land. Other matters dealt with by them include
landlord and tenant, adoption and divorce cases. Some cases are determined
in those courts designated as divorce county courts, and outside London
bankruptcies are dealt with in certain county courts. The courts also deal
with complaints of race and sex discrimination. Where small claims are
concerned, especially those involving consumers, there are special arbitration
facilities and simplified procedures.

     Each county court has one or more circuit judges assigned to it by the
Lord Chancellor, and the regular sittings of the court are mostly taken by
them. The judge normally sits alone, although, in exceptional cases, a trial
may be with a jury.

     The High Court is divided into the Chancery Division, the Queen's Bench
Division and the Family Division. Its jurisdiction covers civil and some
criminal cases, and it also deals with appeals. The Family Division is
concerned with all jurisdiction affecting the family, including that relating
to adoption and guardianship. The Chancery Division deals with the
interpretation of wills and the administration of estates. Maritime and
commercial law is the responsibility of admiralty and commercial courts of the
Queen's Bench Division.

     Each of the 80 or so judges of the High Court is attached to one division
on appointment but may be transferred to any other division. In London the
High Courts sits at the Royal Courts of Justice; elsewhere sittings are held
at 26 district registries at county court centres.

     At present all cases above the upper financial limit of the county
courts' jurisdiction-currently 5,000 Pounds in contract and tort-must start in
the High Court. The Courts and Legal Services Bill would enable the Lord
Chancellor to abolish this county court limit and to reserve the High Court
for specialist cases and for general cases of exceptional substance,
complexity or importance. It is expected that in early 1991 an order made by
the Lord Chancellor will require all but the most substantial personal injury
cases to start in a county court. The Bill would also give the county courts
wider powers to grant non-financial remedies such as injunctions.

     New court rules have been introduced to help cut pre-trial delays.

Appeals

     Appeals in matrimonial, adoption and guardianship proceedings heard by
magistrates' courts go to a divisional court of the Family Division of the
High Court. Appeals against decisions of the licensing committees of
magistrates are heard by the Crown Court. Appeals from the High Court and
county courts are heard in the Court of Appeal (Civil Division), consisting
of the Master of the Rolls and 27 Lords Justices of Appeal, and may go on to
the House of Lords, the final court of appeal in civil and criminal cases.

     The judges in the House of Lords are the ten Lords of Appeal in Ordinary,
who must have a quorum of three, but usually sit as a group of five. Lay peers
do not attend the hearings of appeals, which normally take place in a
committee room, but peers who hold or have held high judicial office may also
sit. The president of the House in its judicial capacity is the Lord
Chancellor.

Scotland

     The main civil courts are the Court of Session and the sheriff court. The
sheriff court deals with most civil litigation including all cases with a
value of less than 1.500 Pounds. Appeals may be made to the sheriff
principal or directly to the Court of Session. This does not apply where the
value of the case is under 1,500 Pounds, when an appeal must first be made to
the sheriff principal, who may sanction an appeal to the Court of Session on a
point of law.

     The Court of Session sits in Edinburgh, and in general has jurisdiction
to deal with all kinds of action. It is divided into the Outer House, a court
of first instance; and the Inner House, mainly an appeal court. Appeals to the
Inner House may be made from the Outer House and from the sheriff court. From
the Inner House an appeal may go to the House of Lords. The judges of the
Court of Session are the same as those of the High Court of Justiciary.

     The Scottish Land Court deals exclusively with matters concerning
agriculture. Its chairman has the status and tenure of a judge of the Court of
Session and its other members are lay specialists.

Northern Ireland

     Minor civil cases in Northern Ireland are dealt with in county courts,
though magistrates' courts also deal with certain limited classes of civil
case. The superior civil law court is the High Court of Justice, from which
an appeal may be made to the Court of Appeal. The House of Lords is the final
civil appeal court.

Civil Proceedings

     In England and Wales civil proceedings are instituted by the aggrieved
person. Actions in the High Court are usually begun by a writ served on the
defendant by the plaintiff, stating the nature of the claim. Before the case
is set down for trial in the High Court, documents (pleadings) setting out the
scope of the dispute are filed with the court; the pleadings are also served
on the parties. County court proceedings are initiated by a summons served on
the defendant by the court. In order to reduce delays, the High Court and the
county courts have power to order pre-trial exchange of witness statements
in certain cases. From early 1991, such exchange will be compulsory in most
High Court and county court cases. Courts may impose penalties in costs on
parties who unreasonably refuse to admit facts or disclose documents before
trial.

     A decree of divorce must be pronounced in open court, but a procedure
for most undefended cases dispenses with the need to give evidence in court
and permits written evidence to be considered by the registrar.

     Civil proceedings, as a private matter, can usually be abandoned or
ended by settlement between the parties at any time. Actions brought to court
are usually tried without a jury, except in defamation, false imprisonment,
or malicious prosecution cases, when either party may, except in certain
special circumstances, insist on trial by jury; or a fraud case, when the
defendant may claim this right. The jury decides questions of fact and awards
damages to the injured party; majority verdicts may be accepted. Under the
Courts and Legal Services Bill the Court of Appeal would be able to increase
or reduce damages awarded by a jury if it considered them inadequate or
excessive. At present this can only be done if the parties agree; otherwise
the Court must order a retrial.

     In civil cases heard by a magistrates' court, the court issues a summons
to the defendant setting out details of the complaint and the date on which it
will be heard. Parties and witnesses give their evidence at the court hearing.
Domestic proceedings are normally heard by not more than three lay justices,
including, where practicable, a woman; members of the public are not allowed
to be present. Th