The County Court

Cases dealt with by the County Court

The County Court deals with civil cases which are dealt with by a judge or district judge. A case can be started in any county court but it may be transferred to the defendant’s local court. If the case is defended and the claim is for a fixed amount of money, the case will be transferred automatically by the court to the defendant’s local court (if the defendant is an individual not a company). In other cases the defendant can request its transfer.

All claims arising from regulated credit agreements must be started in the County Court, whatever their value.

Examples of cases dealt with by the County Court

County Courts can deal with a wide range of cases, but the most common ones are:-

• landlord and tenant disputes, for example, possession (eviction), rent arrears, repairs
• consumer disputes, for example, faulty goods or services
• personal injury claims (injuries caused by negligence), for example, traffic accidents, falling into holes in the pavement, accidents at work
• undefended divorce cases, but only in some county courts.
• some domestic violence cases, but these may also be heard in the magistrates court
• race and sex discrimination cases
• debt problems, for example, a creditor seeking payment
• employment problems, for example, wages or salary owing or pay in lieu of notice.

Small Claims Cases

In general, a Small Claim is one where the value of the claim is not more than £2,000.

The Magistrates’ Court

Magistrates’ Courts deal with criminal and some civil cases, and cases are dealt with by paid magistrates. Magistrates' Courts can deal with offences that occur in a number of areas. (For example, where several burglaries have been committed across a number of areas.)

Criminal Cases in the Magistrates’ Court

Magistrates’ Courts deal with criminal offences where the defendant is not entitled to trial by jury. These are known as summary offences. Summary offences involve a maximum penalty of six months imprisonment and/or a fine of up to £2,000.

Magistrates also deal with offences where the defendant can choose trial by jury but decides to have their case heard in the Magistrates' Court. If the defendant chooses trial by jury, the case will be passed on to the Crown Court.

The Youth Court

The Youth Court deals with young people who have committed criminal offences, and who are aged between 10 and 17. The Youth Court is part of the magistrates court and up to three specially-trained magistrates hear the case. If a young person is charged with a very serious offence, which in the case of an adult is punishable with 14 years imprisonment or more, the Youth Court can commit them for trial at the Crown Court.

Civil Cases in the Magistrates’ Court

Magistrates can deal with a limited number of civil cases as follows:-

• some civil debts, for example, arrears of income tax, national insurance contributions, VAT arrears, rates
• licences, for example, granting, renewing or taking away licences for pubs and clubs
• some matrimonial problems, for example, maintenance and removing a spouse from the matrimonial home
• welfare of children, for example, local authority care or supervision orders, adoption proceedings and residence orders.

The Crown Court

The Crown Court deals with the following types of cases:-

• more serious criminal offences which will be tried by judge and jury
• appeals from the Magistrates' Court which are dealt with by a judge and at least two magistrates
• convictions in the Magistrates' Court that are referred to the Crown Court for sentencing.

Imprisonment and fines in the Crown Court are more severe than in the Magistrates' Court.

The High Court

The High Court deals with civil cases, hears appeals in criminal cases, and also has the power to review the actions of individuals or organisations to make sure they have acted legally and justly. The High Court has three divisions, as follows:-

The Family Division

The Family Division deals with complex defended divorce cases, wardship, adoption, domestic violence and so on. It also deals with appeals from magistrates and county courts in matrimonial cases and deals with the affairs of people who are mentally ill and also simple probate matters.

The Queens Bench Division

The Queens Bench Division deals with large and/or complex claims for compensation. It also deals with a limited number of appeals from magistrates' courts or Crown Courts, as well as reviewing the actions of organisations to see whether they have acted legally, and with libel and slander actions.

The Chancery Division

The Chancery Division deals with trusts, contested wills, winding up companies, bankruptcy, mortgages, charities, contested revenue (usually income tax) cases etc.

Non-family Claims

The High Court can be used for a case if the value of the claim is over £15.000. In some circumstances, a case over £15,000 can be remitted to the county court and similarly a case under the value of £15,000 may be transferred from the High Court from the county court.

The Court of Appeal

The Court of Appeal deals with civil and criminal appeals in England and Wales. Civil appeals from the High Court and the county court are dealt with, as well as from the Employment Appeal Tribunal and the Lands Tribunal. Criminal appeals include appeals against convictions in the Crown Court, and points of law referred by the Attorney General following acquittal in the Crown Court or where the sentence imposed was unduly lenient.

In Northern Ireland, there can be a rehearing of a county court case in the High Court and an appeal from there if the case is stated to the Court of Appeal.

The House of Lords

The Lords deal mainly with appeals from the Court of Appeal, or direct from the High Court, where the case involves a point of law or general public importance. Appeals are mostly about civil cases although the Lords do deal with some criminal appeals.

The Court of First Instance

The Court of First Instance is based in Luxembourg. A case can be taken to this court if European Community law has not been implemented properly by a national government or if there is confusion over its interpretation or if it has been ignored. A case which is lost at the Court of First Instance may be able to be appealed against at the European Court of Justice.

The European Court of Justice

The European Court of Justice advises on interpretation of European Community law and takes action against infringements. It examines the validity of acts of the European Community institutions and clarifies European Community law by making preliminary rulings. It also hears appeals against decisions made by the Court of First Instance.

The European Court of Human Rights

The European Court of Human Rights deals with cases in which a person thinks their human rights have been contravened and for which there is no legal remedy within the national legal system.