Common Questions
Civil Law FAQs — England
What's the difference between County Court and High Court?
In England, the County Court handles most civil claims including those up to £100,000 (unlimited for personal injury), while the High Court deals with claims over £100,000, complex cases, and specific matters like judicial review. The High Court also has supervisory jurisdiction over lower courts and specialised divisions for different types of cases.
How long do I have to bring a civil claim?
Limitation periods vary by claim type under the Limitation Act 1980. Personal injury claims must be brought within three years of the incident or knowledge of injury. Contract disputes have six years from breach, while negligence claims have six years from damage occurring. Some claims have shorter periods, making early legal advice essential.
What are pre-action protocols?
Pre-action protocols are steps parties must follow before starting court proceedings under the CPR. They require exchanging information, stating positions clearly, and considering alternative dispute resolution. Non-compliance can result in costs penalties even if you win, making proper adherence crucial for any civil claim in England.
Can I recover my legal costs if I win?
In England's civil courts, the general rule is that the losing party pays the winner's costs, but this isn't automatic. The court considers factors including conduct, proportionality, and any Part 36 offers. Small claims track cases typically have fixed costs limits, protecting parties from excessive costs liability.
What is alternative dispute resolution?
Alternative dispute resolution (ADR) includes mediation, arbitration, and negotiation outside court proceedings. English civil courts actively encourage ADR under the CPR, and unreasonable refusal to consider it can lead to costs sanctions. ADR often provides quicker, cheaper resolution while maintaining confidentiality and preserving relationships.
How are damages calculated in civil claims?
Damages in English civil law aim to put claimants in the position they would have been without the wrongful act. General damages cover pain, suffering, and loss of amenity, while special damages compensate specific financial losses. Courts follow Judicial College Guidelines and precedents to ensure consistency in awards.
What happens if the defendant doesn't respond?
If a defendant fails to acknowledge service or file a defence within the required timeframe under CPR, claimants can apply for judgment in default. This allows the court to decide in the claimant's favour without a hearing, though defendants can apply to set aside default judgments in certain circumstances.
Can I get an injunction?
English civil courts can grant injunctions to prevent wrongful acts or compel specific actions. Interim injunctions provide urgent protection before trial, while final injunctions form part of judgment. Applicants must show a serious issue, that damages aren't adequate, and the balance of convenience favours granting relief.
