Organisation Of Courts And Allocation Of Business Notes

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

  • QBD

  • ChD

  • FamD

    • specialist court within divisions, each w/ own judges and admin, located in Rolls Building:

      • 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

  • Justices of High Court (puisne judges) and deputy judges

  • = my lord, my lady, your lordship, your ladyship

• HC judges often also = DJ for local coco

• interim applications

  • QBD and ChD - dealt w/ by masters = master

  • Comm Court - Comm Court judge

  • district registries - DJs = sir or madam

  • 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)

  • must be commenced by sending papers to CoCo Money Claims Centre Salford

  • Issued in Northampton CoCo

• administration

  • most done locally

  • to cater for bulk users, proceedings in debt recovery claims may be issued by Production Centre Northampts

    • Cs deliver draft claim forms in computer readable form Centre produces printed claim forms dispatched using automatic mailing equipment

    • C can choose to have claim form treated as issued in any coco

• Circuit Judge (CJ) presides

  • professional lawyer

  • 7 year judicial appointment qualification

  • = your honour

• Recorder

  • practises for no. of weeks / year

  • part-time judge (practising barrister)

  • = 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)

  • 5 year general qualification

  • = sir or madam

  • conduct most interim proceedings, small-claims hearings and possession claims

  • power to conduct trial where amount claimed <25k

• admin

  • done by civil servants employed by MoJ

  • headed by court manager - to whom correspondence should be addressed

  • staff draw up, issue and serve court documents and maintain court records

• enforcement - by bailiffs

  • also employed by MoJ

  • physical enforcement of judgment

  • serving documents

PD 2A - COURT OFFICES

High Court

• Central Office of HC at RCJ divided into and distributed amongst departments as set out in QBD Guide

• RCJ

  • open all year except

    • weekends

    • Christmas day + extra dday

    • bank holidays

  • RCJ and Principal Registry Family Div open to public 10-4.30pm

  • District registries open on same dates and same hours of coco offices form part of

  • Practice master (a master of QBD) present at RCJ when open

County Courts

• all have 1+ office situated where Lord Chancellor directs

• at least 1 must be open on dates stated above for HC

• opening times published on website

PD 2B ALLOCATION OF CASES TO LEVELS OF JUDICARY - READ

• matters over which masters & DJs don't have jurisdiction / can deal w/under certain conditions only

• does not apply to proceedings in FamDiv

ALLOCATION OF BUSINESS BETWEEN HIGH COURT AND COUNTY COURT

JURISDICTION

Cases allocated exclusively to coco

• Exclusive jurisdiction over small number of cases

Claims which should be brought in a coco

• statutory provisions providing that if proceedings brought in HC as opposed to Coco, C cannot recover costs channel most applications into Coco

• Housing Act 1988 Part I s40(4) also encourages use of Coco

  • if application made to HC rather than Coco, applicant cannot recover more costs than if application in Coco

• CPR r55.3 - proceedings for recovery of land must be commenced in court for district land is in

Concurrent jurisdiction

• coco and HC have concurrent jurisdiction over many categories of civil case - s1 Courts and Legal Services Act and HC and Coco Jurisdiction Order 1991

• most civil proceedings can be brought in Coco or HC at C's option (i.e. C has choice)

  • contract and tort claims

  • recovery of land claims

  • applications for orders under Inheritance (Provision for Family and Dependants) Act 1975 s2

  • relief from forfeiture applications

  • applications under Landlord and Tenant Act 1954 re: security tenure of business tenants

Cases where there is limited coco jurisdiction

• if value of case falls below statutory limit HC and coco have concurrent jurisdiction

• BUT if value exceeds limit case must be brought in HC

• 2 main limits:

  • 5k limit on the amount claimed in the action

    • cases subject to 5k limit are unusual

    • BUT include applications for defective search certificates under Local Land Charges Act 1975

  • 30k limit on value of estate/trust/property subject to the proceedings

    • proceedings under various LPA 1925 provisions

    • contentious probate proceedings

    • proceedings to vacate land charges

    • general equitable jurisdiction: estates, trusts, specific performance

• other limits:

  • admiralty claims can be brought in coco if value of salvaged property does not exceed 15k

  • proceedings re: companies can only be brought in coco if paid up share capital does not exceed 120k

Cases allocated exclusively to HC

• following can only be brought in HC

  • applications for JR

  • applications concerning decisions of local authority auditors

  • claims under the HRA 1998 in respect of a judicial act

• following can only be brought...

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