Case
Unit 23 Assingment 1
- Institution
- AQA
BTEC Level 3 Business Unit 23 Assingment 1 The English Legal System.
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The role of the courts, theiralternatives and personnel in
contributing to case outcomes.
P1
1) Civil justice cases which do go to court in England and Wales are mainly
dealt with in the County Court. Some, usually more substantial or complex
cases begin in the High Court. Almost all civil cases should be in open court
which the public may attend.
The two main courts dealing with civil cases in England and Wales are the
County Court and the High Court. The County Court deals with minor civil
matters, while the High Court deals with large or complex civil disputes.
The County Court is a court where legal proceedings begin (known as a ‘first
instance court’). It deals with a variety of minor civil matters, including:
● landlord and tenant disputes (eg eviction, rent arrears, repairs)
● consumer disputes (eg as faulty goods)
● personal injury claims where the amount demanded is under £50,000
● money claims under £15,000
● trusts, mortgages, real property claims
● debt problems (eg a creditor seeking payment)
● employment issues
The High Court hears more complex civil cases. It is divided into three
divisions:
➢ Family Division: deals with complex family matters such as cases
related to minors, defended divorce, wardship, adoption.
➢ Chancery Division: deals with contested wills, administration of
estate, appointment of guardians, trusts, deeds, land and mortgages
actions, company law, bankruptcy, intellectual property matters.
➢ King’s Bench Division (KBD): deals with large or complex claims
for compensation, including defamation and breach of contract.
The KBD is divided into specialised courts: the Commercial Court
(for bankruptcy and insurance matters), the Admiralty Court (for
shipping-related matters), the Administrative Court (for judicial
, review of decisions made by government bodies) and the
Technology and Construction Court (for computer and
engineering-related matters).
Civil justice captures a wide range of issues, where people, business or other
organisations are trying to resolve their disputes with each other, or ensure that
they have their rights respected. The jurisdiction covers a very wide range –
from quite small or simple claims, for example damaged goods or recovery of
debt, to large claims between multinational companies. Civil cases are where a
crime or law has not been committed. So for example in case 2 Mary can bring
a civil claim for the poor work on the en-suite bathroom. She can apply for
damages of at least 8,000. Next example with Jane and Saif their matter would
be referred to the Family division of the High Court. The Family division would
make a ruling on the divorce application.
P2
2) The Criminal Court is split into two areas depending upon the seriousness of
the alleged crime. Criminal cases come to court after a decision has been made
by, usually the Crown Prosecution Service, to prosecute someone for an alleged
crime. The vast majority of cases (over 95 per cent), are heard in the
Magistrates’ court, either by a panel of three Magistrates or by a District Judge
(Magistrates’ court). They hear the evidence, and make a decision on guilt or
innocence. If the defendant is found guilty, the Magistrates or District Judge
(Magistrates’ court) will decide the sentence or send the case to the Crown
Court for sentencing.
The more serious criminal cases are heard in the Crown Court, usually by a
Circuit Judge or Recorder sitting with a jury (in the most serious cases, the case
may be heard by a High Court Judge sitting with a jury). In those cases, the
judge is responsible for ensuring the trial is conducted fairly and explains the
relevant law to the jury. The jury is responsible for deciding whether the
defendant is guilty.
, In the first example Caspar, who stole a beer, would be referred to the
magistrates court as this is not a serious crime. However, Peter, who stabbed a
person, would go to the Crown Court as murder is a serious crime. In the
example with Jane and Saif this is not a matter for the Criminal Court, because
no crime has been committed.
P3
3) The Civil Court cases are handled by trained lawyers. The lawyers may be
specialists in a particular area of the law. For example, specialists in property
law, financial claims or contractual disputes.
The solicitor will often recommend using a method of Alternative Dispute
Resolution (ADR) before taking the matter to court. There are several
alternative dispute resolution methods that can be used, including round table
negotiation, mediation, conciliation, and arbitration. Lay people, non-legal
professionals, may have a role in mediation for example. The lay people may
have professional training in these areas. ADR can prevent a lengthy and
complex trial proceeding and save the hassle of filling out the court forms
needed to commence a civil suit, that is always preferable –and will save time
and money.
The role of the lawyer is to support every step of the dispute resolution and
litigation process, including:
● Evaluating the strength of the claim and the likely outcomes
● Ensuring understanding of the costs
● Liaising with the other parties to fully establish the grounds for the
dispute
● Gathering evidence to substantiate the case
● Attempting to resolve the dispute before going to court
If the case goes to court the role of the solicitor includes:
● Lodging the claim with the appropriate court and serving it to the
defendant OR lodging the intention to defend a claim
● Establishing the timetable for proceedings as decided by the court
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