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Under the Civil Procedure Rules 1998, civil claims under £5,000 are dealt with in the County Court under the 'Small Claims Track'. This is generally known to the lay public as the 'Small Claims Court' but does not exist as a separate court. Claims between £5,000 and £25,000 that are capable of being tried within one day are allocated to the 'Fast Track' and claims over £25,000 to the 'Multi Track'. These 'tracks' are labels for the use of the court system – the actual cases will be heard in the County Court or the High Court depending on their value.
For Personal Injury, Defamation cases and some Landlord and Tenant disputes the thresholds for each track have different values.
International Relationships
Relationship with the European Court of Justice
The European Court of Justice, Luxembourg
The European Court of Justice acts only as a supreme court for the interpretation of European Union law. Consequently, there is no right to appeal at any stage in UK court proceedings to the ECJ. However, any court in the UK may refer a particular point of law relating to European Union law to the ECJ for determination. However, once the ECJ has given its interpretation, the case is referred back to the court that referred it.
The decision to refer a question to the ECJ can be made by the court of its own initiative, or at the request of any of the parties before it. Where a question of European law is in doubt and there is no appeal from the decision of a court, it is required (except under the doctrine of acte clair) to refer the question to the ECJ; otherwise any referral is entirely at the discretion of the court.
Relationship with the European Court of Human Rights
It is not possible to appeal the decision of any court in England and Wales to the European Court of Human Rights (ECtHR). Although it is frequent to hear media references to an "appeal" being taken "to Europe", what actually takes place is rather different.
The ECtHR is an international court that hears complaints concerning breaches of the European Convention on Human Rights and Fundamental Freedoms. An unsatisfied litigant in England and Wales might complain to the ECtHR that English law has violated his rights. A decision in the ECtHR will not change English law, and it is up to the Government of the United Kingdom to decide what action (if any) to take after an adverse finding.
Courts in England and Wales are not bound to follow a decision of the ECtHR, although they should "take into account" ECtHR jurisprudence when applying the Convention. The Convention has always had an influence on decisions of courts in England and Wales, but now the Convention has two further effects:
a court, being a public body, must act in accordance with the Convention Rights found in the Human Rights Act 1998, which includes a requirement to construe statutes in accordance with the Convention; and
direct claims may be made under the Human Rights Act 1998 against a public body for breach of Convention rights.
Courts of Northern Ireland
The courts of Northern Ireland are the civil and criminal courts responsible for the administration of justice in Northern Ireland: they are constituted and governed by Northern Ireland law.
The United Kingdom does not have a single unified judicial system — England and Wales have one system, Scotland another, and Northern Ireland a third. There are exceptions to this rule, for example in immigration law, the Asylum and Immigration Tribunal's jurisdiction covers the whole of the United Kingdom, while in employment law there is a single system of employment tribunals for England, Wales, and Scotland (but not Northern Ireland).
In order to overcome problems resulting from the intimidation of jurors and witnesses, the right to a jury trial in Northern Ireland was suspended for certain terrorist offences in 1972, and the so-called "Diplock courts" were introduced to try people charged with paramilitary activities. This system, however, was ended in 2007.
Administration of the courts is the responsibility of the Northern Ireland Courts and Tribunals Service.
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