3. The Civil Courts

2021 ◽  
pp. 22-31
Author(s):  
Stuart Sime
Keyword(s):  
Intellectual Property ◽  
Free Choice ◽  
Common Law ◽  
England And Wales ◽  
High Court ◽  
Family Division ◽  
Civil Courts

This chapter describes the civil courts in England and Wales. It covers the composition and administration of magistrates’s courts, County Court, and the High Court; jurisdiction; High Court Divisions (Queen’s Bench Division (QBD), Chancery Division (ChD), and Family Division), and specialist courts (Business and Property Courts, Technology and Construction Court, Commercial Court, Administrative Court, Companies Court, Patents Court, and Intellectual Property Enterprise Court). For most civil claims the claimant has a free choice between the High Court and the County Court. Common law claims are suitable for the Queen’s Bench Division, whereas equity claims are more suitable for the Chancery Division. The High Court should be used for the more important and complex claims.

3. The Civil Courts

2018 ◽  
Author(s):  
Stuart Sime
Keyword(s):  
Intellectual Property ◽  
Free Choice ◽  
Common Law ◽  
England And Wales ◽  
High Court ◽  
Family Division ◽  
Civil Courts

This chapter describes the civil courts in England and Wales. It covers the composition and administration of magistrates’s courts, County Court, and the High Court; jurisdiction; High Court Divisions (Queen’s Bench Division (QBD), Chancery Division (ChD), and Family Division), and specialist courts (Business and Property Courts, Technology and Construction Court, Commercial Court, Administrative Court, Companies Court, Patents Court, and Intellectual Property Enterprise Court). For most civil claims the claimant has a free choice between the High Court and the County Court. Common law claims are suitable for the Queen’s Bench Division, whereas equity claims are more suitable for the Chancery Division. The High Court should be used for the more important and complex claims.

3. The Civil Courts

2019 ◽  
pp. 22-31
Author(s):  
Stuart Sime
Keyword(s):  
Intellectual Property ◽  
Free Choice ◽  
Common Law ◽  
England And Wales ◽  
High Court ◽  
Family Division ◽  
Civil Courts

This chapter describes the civil courts in England and Wales. It covers the composition and administration of magistrates’s courts, County Court, and the High Court; jurisdiction; High Court Divisions (Queen’s Bench Division (QBD), Chancery Division (ChD), and Family Division), and specialist courts (Business and Property Courts, Technology and Construction Court, Commercial Court, Administrative Court, Companies Court, Patents Court, and Intellectual Property Enterprise Court). For most civil claims the claimant has a free choice between the High Court and the County Court. Common law claims are suitable for the Queen’s Bench Division, whereas equity claims are more suitable for the Chancery Division. The High Court should be used for the more important and complex claims.

3. The Civil Courts

2020 ◽  
pp. 22-31
Author(s):  
Stuart Sime
Keyword(s):  
Intellectual Property ◽  
Free Choice ◽  
Common Law ◽  
England And Wales ◽  
High Court ◽  
Family Division ◽  
Civil Courts

This chapter describes the civil courts in England and Wales. It covers the composition and administration of magistrates’s courts, County Court, and the High Court; jurisdiction; High Court Divisions (Queen’s Bench Division (QBD), Chancery Division (ChD), and Family Division), and specialist courts (Business and Property Courts, Technology and Construction Court, Commercial Court, Administrative Court, Companies Court, Patents Court, and Intellectual Property Enterprise Court). For most civil claims the claimant has a free choice between the High Court and the County Court. Common law claims are suitable for the Queen’s Bench Division, whereas equity claims are more suitable for the Chancery Division. The High Court should be used for the more important and complex claims.

3. The Civil Courts

2017 ◽  
Author(s):  
Stuart Sime
Keyword(s):  
Intellectual Property ◽  
Free Choice ◽  
Common Law ◽  
England And Wales ◽  
High Court ◽  
Family Division ◽  
Civil Courts

This chapter describes the civil courts in England and Wales. It covers the composition and administration of magistrates’s courts, County Court, and the High Court; jurisdiction; High Court Divisions (Queen’s Bench Division (QBD), Chancery Division (ChD), and Family Division), and specialist courts (Technology and Construction Court, Commercial Court, Administrative Court, Companies Court, Patents Court, and Intellectual Property Enterprise Court). For most civil claims the claimant has a free choice between the High Court and the County Court. Common law claims are suitable for the Queen’s Bench Division, whereas equity claims are more suitable for the Chancery Division. The High Court should be used for the more important and complex claims.

3. The Civil Courts

2016 ◽  
Author(s):  
Stuart Sime
Keyword(s):  
Intellectual Property ◽  
Free Choice ◽  
Common Law ◽  
England And Wales ◽  
High Court ◽  
Family Division ◽  
Civil Courts

This chapter describes the civil courts in England and Wales. It covers the composition and administration of magistrates’s courts, County Court, and the High Court; jurisdiction; High Court Divisions (Queen’s Bench Division (QBD), Chancery Division (ChD), and Family Division), and specialist courts (Technology and Construction Court, Commercial Court, Administrative Court, Companies Court, Patents Court, and Intellectual Property Enterprise Court). For most civil claims the claimant has a free choice between the High Court and the County Court. Common law claims are suitable for the Queen’s Bench Division, whereas equity claims are more suitable for the Chancery Division. The High Court should be used for the more important and complex claims.

Inherent Jurisdiction and the Limits of Civil Procedure

2020 ◽  
pp. 269-290
Author(s):  
Stuart Sime
Keyword(s):  
Rule Of Law ◽  
Separation Of Powers ◽  
Common Law ◽  
Civil Procedure ◽  
England And Wales ◽  
High Court ◽  
The Rule Of Law ◽  
Procedural Law

This chapter considers the modern scope and limitations on the use of the court’s inherent jurisdiction in common law jurisdictions. It considers the underlying juridical basis for the jurisdiction, and the underlying theories, namely that residuary powers were vested in the High Court in England and Wales by the Judicature Acts, and that all courts have inherent powers to prevent abuse of process. It considers the ramifications of the distinction between inherent jurisdiction and inherent powers. Changes in the legal landscape since the seminal articles by Master Jacob and Professor Dockray, including the codification of civil procedure in many common law jurisdictions, and modern understanding of the rule of law and the separation of powers, are considered. It is argued that while existing applications of the inherent jurisdiction should be retained, it is no longer acceptable for the English High Court, and equivalent courts in other jurisdictions, to generate new procedural law by resorting to the inherent jurisdiction.

scholarly journals Contributory negligence in the Court of Appeal: an empirical study

Legal Studies ◽  
2017 ◽  
Vol 37 (3) ◽  
pp. 437-467
Author(s):  
James Goudkamp ◽  
Donal Nolan
Keyword(s):  
Empirical Study ◽  
Common Law ◽  
England And Wales ◽  
High Court ◽  
Contributory Negligence ◽  
Court Of Appeal

In this paper we report the results of an empirical study of 112 appellate decisions on the contributory negligence doctrine in England and Wales between 2000 and 2015. It is the first study of its kind in any common law jurisdiction, and builds on earlier research in which we looked at the doctrine's operation in first instance courts. Our dataset comprised every appellate decision in which contributory negligence was an issue that was handed down during the study period and which we were able to access electronically. The most important findings include the fact that appeals succeed more frequently in relation to the existence of contributory negligence than with respect to apportionment; that the overall prospect of winning an appeal on contributory negligence does not depend on whether the first instance court is a county court or the High Court; that claimants are nearly twice as likely to win an appeal regarding the existence of contributory negligence as defendants; and that by far most common discount imposed following an appeal is 50%.

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