Essay
Unit 23: P1, P2, P3
- Institution
- PEARSON (PEARSON)
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P1&P2Tribunals
There are many diverse sorts of claims and debate which are heard in tribunals. Tribunals have
their own particular procedures and guidelines. Procedures in tribunals are frequently generally
casual contrasted with the courts. Although a few sorts of hearings happen in rooms which look
particularly like a court (for instance in immigration and Asylum cases) others have the tribunal's
judges and individuals and the client lounging around a table (for instance in social security
appeals).
Tribunal clients regularly show up without legitimate portrayal so the judges and individuals, for
the most part, disclose the procedures to clients and make inquiries to get more data about the
case they are hearing.
, County courts (Civil)
The County Court manages civil (non-criminal) matters. Not at all like criminal cases – in which
an individual is prosecuted by the state – civil court cases emerge where an individual or a
business feels their rights have encroached. In business cases, organizations attempt to
recuperate cash they are owed from suing different organizations that have stolen their property
or thought both technical and physical.
For Civil matters, the County Court deals with mid-value civil claims from £5,000-£50,000
because they are low in the hierarchy. As well as this, the County Court deal with contract, tort,
recovery of land, divorce, bankruptcy, personal injury (to £50,000) as they provide their services
to both individuals and businesses. In addition to this, County Courts hear small claims, fast
track and some multi-track cases because the cases are simple to resolve and the court is only
able to have a maximum of one day for a trial, plus witnesses are limited. Furthermore, there is
a strict timetable set for cases as they should be heard within 3wks when the incident
happened. Usually, there is one judge decides outcome and no jury unless it is a defamation
case, which is the action of damaging the good reputation of someone; slander or libel.
Lastly, the personnel that is involved in the County Court cases are: Circuit judges, Recorders,
District judges, Deputy district judges who chair the cases. Also, there are Lawyers (barristers or
solicitors with rights of audience) who represent clients within the case in the County Court.
Circuit judges are Lawyers who have held a ‘right of audience’, meaning that they have the right
to appear in court as an advocate for at least ten years. A Recorder on the other hand, is
required to take control of cases actively and determine claims at trial at the same time. District
judges are involved in a wide variety of civil and family law cases which makes them full time
judges and account for the majority of cases held in the County Court. Similarly, Deputy District
Judges are more or less the same as a District judge but are part timers due to the fact they
work only from 15-50 days a year. Lastly, Lawyers are representatives for their clients as they
speak on their behalf to ensure clarity and knowledge of Law to help their clients from being
accused guilty.
High Court (Civil & Criminal)
The High court deals with civil cases, and hears appeals from criminal cases. Also, the court is
split into three divisions, this consists of Chancery, Queen’s Bench and Family Divisions with all
three divisions hearing appeals from other courts, as well as ‘first instance’ cases. All of these
divisions deal with high value civil claims from over £50,000 or complex cases, which are
allocated to the “multi-track”. The Queen’s Bench Division deals with contract and tort over
£50,000 and some complex cases. Also, they hear judicial review (challenges against
government decisions) and commercial cases, admiralty cases and technology and construction
cases. Furthermore, Family Division cope with wardship cases, cases under the Children Act
1989 and other family matters. Lastly, Chancery Division manages technical issues, insolvency,
mortgages, trusts, property disputes, copyright and patents, intellectual property and probate
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