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Organisation Of Courts And Allocation Of Business Notes

BPTC Law Notes > BPTC Civil Ligitation Notes

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A more recent version of these Organisation Of Courts And Allocation Of Business notes – written by City Law School students – is available here.

The following is a more accessble plain text extract of the PDF sample above, taken from our BPTC Civil Ligitation Notes. Due to the challenges of extracting text from PDFs, it will have odd formatting:

ORGANISATIONAL MATTERS ORGANISATION OF HIGH COURT AND COUNTY COURT COMPSITION AND ADMINISTRATION High Court

? a senior court of E&W
? offices at Royal Courts of Justice
? 137 district registries serving coco districts
? many claims involving disputes in London must be commenced in RCJ
? C can choose whether to commence claim for non-London disputes in RCJ or district registry

? 3 divisions, each w/ own judiciary and admin o QBD o ChD o FamDspecialist court within divisions, each w/ own judges and admin, located in Rolls Building:

o o o o o

Technology and Construction Court (TCC) Companies Court Commercial Court Patents Court Admiralty Court

? public law decisions and applications for JR dealt w/ by Admin Court
? trial by o Justices of High Court (puisne judges) and deputy judges o = my lord, my lady, your lordship, your ladyship
? HC judges often also = DJ for local coco

? interim applications o QBD and ChD - dealt w/ by masters = master o Comm Court - Comm Court judge o district registries - DJs = sir or madam o masters and DJs cannot grant interim injunctions unless have trial jurisdiction over claim

? masters and DJs cannot grant interim injunctions (with some exceptions)
? DDJs, DJs and masters cannot try HRA claims in respect of judicial act OR declarations of incompatibility

? admin done by civil servants employed by MoJ
? BUT enforcement done by enforcement officers, who aren't civil servants

County courts

? currently 170
? soon to be replaced by 1 w/ jurisdiction over E&W
? many civil claims can be commenced in any coco
? BUT defended claims may be transferred either automatically / at court's discretion
? 'designated money claims' (only remedy sought is money) o must be commenced by sending papers to CoCo Money Claims Centre Salford

o Issued in Northampton CoCo
? administration o most done locally o to cater for bulk users, proceedings in debt recovery claims may be issued by Production Centre NorthamptsCs deliver draft claim forms in computer readable form ? Centre produces printed claim forms dispatched using automatic mailing equipmentC can choose to have claim form treated as issued in any coco

? Circuit Judge (CJ) presides o professional lawyer o 7 year judicial appointment qualification o = your honour
? Recorder o practises for no. of weeks / year o part-time judge (practising barrister) o = your honour
? Coco trials usually conducted by CJ or Recorder sitting alone
? can appoint deputy CJs and assistant Recorders if workload requires; also = your honour
? 1+ District (DJ) o 5 year general qualification o = sir or madam o conduct most interim proceedings, small-claims hearings and possession claims

o power to conduct trial where amount claimed

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