Civil Court: Cases, Rules and Functions

By: Qarrar Somji

Date: 18/05/2022

The civil court system in England and Wales deals with legal cases (other than criminal cases) in a range of different courts and for everything from small claims to large commercial disputes. Many people are likely to have dealings with some aspect of the civil courts during their lifetime, and our guide below will explain which court you can use and how the civil claims process works.

Types of Civil Court

Depending on the type of civil case in question, it may be taken to a number of civil courts within the English juridical system, including:

County court

The county court deals with minor civil cases, including the following:

Claims worth up to £100,000
Breach of contract claims
Consumer disputes
Debt claims
Personal injury claims worth less than £50,000
Property disputes
Wills, trusts and inheritance claims

High court

The high court has three divisions, namely Chancery division, Queen’s Bench division and Family division and deals with more complex and higher value cases than the county court as well as appeals from the county court.

The Chancery division hears business and commercial cases, property disputes, Wills and probate claims and intellectual property cases. Within the Chancery division, there are two specialist courts being the Commercial Court and Patent Court. Since 2017, all the business specialist courts now come under the Business and Property Courts which sits at various locations, not just London.

The Queen’s Bench division deals with contract cases, personal injury and libel as well as appeals from the county court and magistrates’ courts. It includes some specialist courts including the administrative court, admiralty court and the technology and construction court (TCC).

The Family Division hears cases where children have been made a ward of the court, complex family cases and serious issues such as forced marriage.

Tribunals

There are numerous tribunals which specialise in particular areas of law including employment, asylum, criminal injuries compensation, property and tax. Tribunals tend to be less formal than court, with hearsay evidence sometimes admitted.

Court of appeal

The court of appeal hears appeals from lower courts in both criminal and civil cases. Civil appeals may come from the high court, county court and from tribunals. Most appeals are heard by three judges, although some minor cases may be heard by a single judge.

Supreme court

The supreme court is the highest court and generally hears appeals from the court of appeal and occasionally from the high court involving points of law that are considered to be of public importance.

What is a civil matter?

Civil cases are non-criminal legal cases brought by individuals or companies to request justice when they believe they have been unfairly treated or they are involved in a dispute and they want the courts to decide on an outcome.

The court can make a range of orders, including awarding compensation, requiring someone to do something or stopping someone from doing something.

The Civil Procedure Rules (CPR)

The Civil Procedure Rules (CPR) are the legal guidelines which set out how the process of taking a case to court should be dealt with and what is expected of the parties. The overriding objectives of the rules are:

To ensure the parties are on an equal footing
To deal with the case proportionately, taking into account the size of the claim, the importance of the case, how complex the issues are and the financial standing of each party
Ensuring the case is dealt with fairly and expeditiously

Pre-action protocol

There are pre-action protocols for a range of different types of claims, including personal injury claims, clinical negligence, construction and engineering, professional negligence and housing disrepair.

It is crucial to follow the court’s pre-action protocols exactly or the court could hold this against you when making an order, for example, by not awarding payment of your legal costs, even if you are successful. The protocol can also help you to try and resolve matters without lengthy litigation. It requires both parties to exchange information so that they can try and understand each other’s position and the strengths and weaknesses of their respective positions.

Commencing legal action

To commence a civil claim, you will need to send the other side a letter of claim or letter before action setting out the details of your case.

In the pre-action period, the parties are expected to exchange information and make attempts to settle the matter without going to court.

The claim is commenced by the filing of a claim form at court together with particulars of claim setting out the details. The other party, the defendant, has 14 days from the date they receive a copy of your claim and particulars of claim in which to file a response and if they choose, a defence.

Both the claimant and the defendant will need to complete a directions questionnaire to help the court with the administrative aspects of the case. This can include details of where it would be preferable for the case to be heard, how many witnesses are likely to be called and what expert evidence might be included.

The court will then give directions for the case, including time limits for the pre-trial steps, including disclosure. This could be done at a directions hearing or it could be decided without a hearing, in which case you will receive a copy of the written order for directions.

The order will set out information and requirements including a window during which the trial is likely to take place, instructions for disclosure of documents and other evidence, such as witness statements, agreement as to which experts will be used and deadlines for filing pre-trial checklists and indexed trial bundles.

There may be some leeway to agree on extensions of time if either party finds it difficult to meet the deadlines.

Allocation of a claims track

The court will also tell the parties which track the case will be on. There are three possible choices:

Small claims track, for claims of up to £10,000
Fast track claims, worth between £10,000 and £25,000
Multi-track claims for complex cases and those worth over £25,000

The court can also set a budget for the legal costs that can be incurred where the case is sizable. This currently only applies to Multi-track cases.

The civil proceedings process

The parties will need to comply with the directions order, which will include issues such as the exchange of information and provision of witness statements.

It is also open to the parties to negotiate during the pre-trial period and the case can be settled at any time if the parties are able to agree on an acceptable solution.

In fast track and multi-track cases, there is likely to be a pre-trial checklist to go through. The parties’ solicitor will deal with the various items and check them off of the list before the trial. The checklist deals with compliance with the directions issued by the court, witnesses, experts and your legal representation.

You may also be asked to include a timetable for the trial itself if the case is a more complex multi-track case and the court will hold a case management hearing to schedule the steps up to and including the trial.

Failure to comply with the required steps as set out in the directions order or following the case management hearing will generally mean the party at fault is penalised in some way. They could have their statement of case setting out the facts that they are relying on struck out or be penalised when it comes to payment of their legal costs or be ordered to pay a portion of their opponents legal cost.

Who decides the outcome of a civil case?

If a civil case reaches court, then the outcome will generally be decided by a judge, with the exception of cases involving libel, slander, fraud, malicious prosecution or false imprisonment, which may be heard and decided by a jury.

Cases often do not reach trial, in which case they could be decided by agreement between the parties, often with the help of their legal representatives and in some cases a neutral mediator.

A case can also go to arbitration, in which case the arbitrator will make the decision.

Where a case is heard and decided by a judge, they will consider the facts and apply the law to reach a conclusion. The judge can decide that one party has won on certain issues while the other party has won on different issues. The order can reflect this, including in respect of who pays for the legal costs of the case.

In some but not all cases it may be possible to appeal the decision that is made.

If you have won your case, you may also need to take enforcement action if the other party fails to comply with the order made in your favour. For example, you may need to apply for a charging order to recover funds that you have been awarded or commence proceedings for liquidation.

What is the difference between civil and criminal court?

Criminal cases are generally brought by the Crown Prosecution Service. Other bodies also prosecute criminal charges, including the Serious Fraud Office, HM Revenue & Customs, the RSPCA, the Federation Against Copyright Theft and local authorities. They seek criminal penalties from the criminal courts.

Civil cases are usually brought by private individuals or organisations seeking civil remedies from a civil court. This could be for unfair treatment or the breach of a duty of care, for example in employment or personal injury cases.

In the criminal court, more serious offences may be heard and decided by a jury. You could be entitled to have your legal representation provided by the state (Legal Aid). Penalties could include imprisonment and/or fines and are intended to punish. In civil courts, cases are usually decided by a judge and penalties could include being ordered to do something or to pay compensation with the intention of making redress for what has happened.

Contact our civil litigation solicitors

At Witan Solicitors we represent clients in civil litigation cases in a wide range of areas, including the following:

If you need advice in respect of a dispute, email us at info@witansolicitors.co.uk or fill in our contact form and we will be happy to help you. We have offices in London, Birmingham and Northampton.

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