Civil courts and civil procedure rules

What are civil courts?

Civil courts handle disputes between individuals, businesses, or other organisations. They deal with a wide range of non-criminal issues where one party (the 'claimant') is seeking a legal remedy from another (the 'defendant'), usually in the form of compensation (money) or a court order. Common examples include disputes over contracts, debts, personal injuries, and landlord-tenant disagreements. Unlike criminal courts, which deal with offences against the state, civil courts focus on resolving private legal arguments and upholding people's rights.

What is the court structure in England and Wales?

Most civil cases start in either the County Court or the High Court. The court your case is heard in depends on its value and complexity. From there, decisions can be appealed to more senior courts.

The County Court

The County Court handles the vast majority of civil disputes. It's the starting point for matters like:

• most landlord and tenant disputes (eg rent arrears and evictions)

• consumer claims (eg for faulty goods)

• most personal injury claims

• money claims with a value up to £100,000

• some debt and employment issues

If the County Court orders someone to pay you money, this is known as a county court judgment (CCJ).

The High Court

The High Court deals with more substantial and complex civil cases. It has three main divisions:

• King's Bench Division (KBD) - handles large and complex claims for compensation, such as for breach of contract, defamation, negligence, and human rights breaches. It also has several specialised courts, like the Commercial Court and the Technology and Construction Court

• Chancery Division - deals with specialist business and property issues, including disputes over trusts, contested wills, and intellectual property

• Family Division - hears complex family law cases, such as those involving international child abduction or disputes over medical treatment for children

The tribunal system

Alongside the courts, a separate tribunal system handles a wide variety of specific legal issues, like those related to employment, immigration, or tax. Proceedings in tribunals are often less formal than in court. The system has two main levels:

• First-tier Tribunal - is where most cases start. It hears appeals from people against decisions made by government departments. For example, the First-tier Tribunal (Property Chamber) deals with disputes between landlords and tenants

• Upper Tribunal - reviews and decides on appeals against decisions made by the First-tier Tribunal

Appeal courts

If you believe a court has made a wrong decision in your case, you may be able to appeal to a higher court. There are two main courts of appeal:

• Court of Appeal (Civil Division) - hears appeals from the County Court and the High Court. You generally need permission to appeal, and you must show that the original decision was wrong due to a mistake of law or a serious procedural error

• UK Supreme Court - the final court of appeal for all civil cases in the UK. It only hears appeals on points of law that are of general public importance. It's very rare for a case to reach the Supreme Court

What are the Civil Procedure Rules (CPR)?

The Civil Procedure Rules (CPR) are the rulebook for how civil cases are conducted in England and Wales. They were introduced as the Civil Procedure Rules 1998 to make the court process fairer, quicker, and more efficient. The CPR sets out the steps that both parties must follow from the moment a claim is started until a final judgment is made. The court's main objective when interpreting these rules is to deal with cases justly and at a proportionate cost.

Starting a claim

A civil claim officially begins when the claimant issues a claim form with the court. Before doing this, the claimant should usually have sent a Letter before action to the defendant to try to resolve the dispute without going to court (eg through alternative dispute resolution (ADR) methods like mediation or arbitration). Once the claim form is received by the defendant, they have 14 days to respond, either by admitting the claim, defending it, or making a counterclaim. 

The parties then exchange formal documents that set out the details of their arguments.

The track system

Once a claim is defended, the court will allocate it to a 'track'. The track a case is assigned to depends on its financial value and complexity. This determines the timetable and procedures that will be followed.

• small claims track - for most straightforward claims valued up to £10,000. The process is simpler, and you often don't need a lawyer. You usually can't claim back legal fees from the other side. For more information, read Small claims court

• fast track - for claims between £10,000 and £25,000 where the trial won’t last more than one day. The procedure is stricter, and there are fixed rules for recovering legal costs, which makes the process more predictable

• intermediate track - for claims between £25,000 and £100,000 where the trial can last up to three days. It uses a fixed cost system to keep legal fees proportionate, and there are limits on using expert evidence 

• multi-track - for claims over £100,000 or for complex cases below this value. The court manages these cases more closely, and the rules are more detailed

The court process

The legal system in England and Wales is 'adversarial', which means each party presents their arguments and evidence to a neutral judge. The judge's role is to decide the outcome based on what they've been shown and told. 

To prepare for a trial, both sides must disclose all relevant documents to each other, even those that might harm their own case. They can also rely on evidence from witnesses and, with the court's permission, independent experts. 

The judge will give their judgment either at the end of the trial or at a later date. In most cases, the losing party will be ordered to pay a proportion of the winning party's legal costs.

Before starting a claim, you must formally write to the other party, which you can do by making a Letter before action. Navigating the next steps, like exploring settlement options or following the correct pre-action rules, can be tricky. Our Dispute resolution service is designed to help with this. A lawyer can guide you through the crucial pre-action stage and explore alternatives. For more guidance on handling the process on your own, read Representing yourself in court. If you have any other questions, don't hesitate to Ask a lawyer.