The vast majority of civil trials do not involve a jury. The judge hears them on his or her own, deciding them by establishing facts, applying the relevant law, and then giving a reasoned judgment.
Civil Justice
This section will give you a better understanding of the types of judge who deal with civil cases and the work they do.
Civil justice in England and Wales is mainly dealt with in the county courts and, in the case of more substantial or complex cases, the High Court. The jurisdiction covers a very wide range - from quite small or simple claims, for example damaged goods or recovery of debt, to large claims between multi-national companies.
Most civil disputes do not end up in court, and those that do often don’t go to a full trial. Many are dealt with through mediation or by using established complaints procedures. But where a case does go through the courts, the aim is to make it as simple as possible. For smaller claims there is a speedy and cheap way of resolving disputes - through the small claims court.
Judges in the civil jurisdiction do not have the power to imprison a losing party. Ordinarily, but not always, they award financial 'damages' to the successful party, the size of which depends on the circumstances of the claim.
Court of Appeal - Civil Division
The Civil Division of the Court of Appeal hears appeals from all Divisions of the High Court and, in some instances from the County Courts and certain tribunals. The Civil Division is presided over by the Master of the Rolls, the Right Hon Sir Anthony Clarke.
Bringing an appeal is subject to obtaining ‘permission’, which may be granted by the court below or, more usually, by the Court of Appeal itself. Applications for permission to appeal are commonly determined by a single Lord Justice, full appeals by two or three judges. The Civil Division of the Court Appeal also deals with family cases.
For more information information on about the Court of Appeal please visit www.civilappeals.gov.uk.
More information about the role of Court of Appeal Judges.
High Court - Queen's Bench Division - Civil
The President of the Queen's Bench Division presides over that Division, which includes both its criminal and civil jurisdiction. Judges who sit in the Queen's Bench Division of the High Court deal with 'common law' business i.e. actions relating to contract except those specifically allocated to the Chancery Division, and civil wrongs (known as tort). They also hear more specialist matters, such as applications for judicial review.
Examples of contract cases dealt with by Queen's Bench Division judges are failure to pay for goods and service and breach of contract.
Judges who sit in the Queen's Bench Division of the High Court deal with actions relating to various different types of tort. These include:
- Wrongs against the person e.g. defamation of character and libel
- Wrongs against property e.g. trespass
- Wrongs which may be against people or property - e.g. negligence or nuisance.
They also deal with matters that involve both contract and tort, such as personal injury cases which show negligence and breach of a contractual duty of care. Other cases dealt with may be crimes as well as torts, such as assault.
The Queen's Bench Division also contains:
High Court judges who sit in these courts hear cases involving prolonged examination of technical issues, for example, construction disputes.
Judges of The Queen's Bench Division also sit in the Employment Appeals Tribunal.
More information about the role of High Court judges.
High Court - Chancery Division
The Chancery Division of the High Court is presided over by The Chancellor and around 20 High Court judges. There is some overlap with the Queen's Bench Division, however certain matters are specifically assigned to the Chancery Division.
The principal business of judges who sit in the Chancery Division is corporate and personal insolvency disputes, business, trade and industry disputes, the enforcement of mortgages, intellectual property matters, copyright and patents, disputes relating to trust property and contentious probate actions.
Most Chancery business is dealt with in the Royal Courts of Justice in London and in eight provincial High Court centres which have a Chancery jurisdiction.
More information about the role of High Court judges.
Circuit Judges - Civil
Circuit Judges may deal solely with civil, family, criminal work, or divide their time between the three. Circuit Judges deal with a variety of civil and family cases and may specialise in particular areas of law, for example, commercial. Circuit judges generally hear claims worth over £15,000 or those involving greater complexity or importance.
More information on the role of Circuit Judge.
Recorders – Civil
Recorders Civil sit as fee-paid judges in county courts. Some Recorders Civil may also be authorised to deputise for specialist civil Circuit Judges - for example in the Chancery Division, the Mercantile Court and the Technology and Construction Court.
The statutory jurisdiction of a Recorder is in general identical to that of a Circuit Judge, although the usual practice is that Recorders do not hear appeals from District Judges. The jurisdiction covers almost the whole field of civil law and is mostly concurrent with that of the High Court. In addition, a number of statutes confer exclusive jurisdiction on the county courts.
Cases listed before a Recorder Civil may include disputes in the fields of housing, commercial landlord and tenant, contract, tort, personal injury or appeals from decisions of local authorities in respect of their exercise of their function regarding homelessness, (Part VII of the Housing Act 1996).
More information on the role of the Recorders.
District Judge
District judges are full-time judges who deal with the majority of cases in the county courts of England and Wales.
Their work involves: dealing with civil disputes such as personal injury cases; claims for damages and injunctions; possession proceedings against mortgage borrowers and property tenants; and, claims for reasonable provision out of the estates of deceased persons. Many district judges will also deal with bankruptcy petitions, as well as the winding up of insolvent companies.
More information on the role of the district judge.
Deputy District Judges
A deputy district judge is appointed to sit in the county court or in a High Court District Registry to case manage and try civil, family, costs, enforcement and insolvency cases. They try small claims and fast track cases, family ancillary relief hearings, hear interim applications and make procedural directions preparing cases for trial. Their jurisdiction is broadly similar to that of a full time district judge although they have limited authority to deal with family cases involving children.
It is a fee-paid post open to any fully qualified and currently practising solicitor or barrister with at least 7 years’ experience. There is no minimum age limit for applying although a deputy must retire at 65.
More information on the role of the district judge.
Magistrates - Civil
Although most magistrates deal with criminal work, they also decide many civil matters, particularly in relation to family work. Magistrates' civil roles include dealing with cases such as non-payment of council tax.