Civil Courts
Civil courts deal in cases of private disputes and wrongs, often involving companies or individuals
suing on grounds of damage. Some cases also may be brought against state and public bodies like
hospitals, as well as civil litigations. The High Courts deal with complex or high value claims.
The types of civil litigation
- Breaches of contracts, which may include debt
- ‘Torts’ - these are civil wrongs where monetary damages can be awarded - like trespass,
defamation or infringement of copyrights
- Breaches of statutory duty
- Proceedings by financial institutions against borrowers
- Possession proceedings by landlords against tenants, who for example may have failed to pay
rent
- ‘Chancery’ matters
- Insolvency: including bankruptcy and the winding up of companies
- Family law cases which may include divorces and other disputes
The high court
These courts deal with more complex and serious civil cases. The administrative centre of the High
Court is at the Royal Courts of Justice in London. Outside, courts are distributed into district
registries, which often share a building with the Country Court.
It is made up of three factors:
1. The Queen’s Bench Division - which are specialist courts such as:
- The adminary court
- The commercial court
- Technology and construction court
2. The Chancery Division - this deals primarily with
company works, trusts, estates, insolvency and
intellectual property
3. The Family Division
High Court judges typically try to have a case resolved in one
single sitting.
The Court of Appeal
This court is the final in civil law cases hearing from the
country and high court. Cases may be heard by 2 to 3 judges,
and when there are 3, then each must give a judgement -
however, a judgement is not made based on the majority.
Media coverage of civil cases
Fair, accurate and contemporaneous reports of what is said
during public proceedings is protected by section 4 “defence
of the Contempt of Court Act 1981” when done so in “good
faith”, and by absolute privilege in defamation law.
57
, Open justice and case documents
Rule 39(2) of the Civil Procedure Rule states that the general
rule is that a hearing is heard in public, however, there are
exceptions. A journalist has the right to argue that a decision
should be heard publicly rather than privately on grounds it
would be socially beneficial. Civil courts have increasingly
become accustomed to using telephone conferencing
equipment or ‘live links’ for lawyers and witnesses to
participate in ‘hybrid’ or ‘virtual’ hearings - a response to
the Coronavirus, as well as the Government's policy to
“digitally” transform the justice system.
Civil courts- rules about public and private hearings
In rule 39.2 of the Civil Procedure Rules (CPR), the general
rule is that a hearing should be in a public space and that the court should have the responsibility to
ensure that hearings are as open as possible, unless held in private. It states:
“A hearing, or any part of it, must be held in private if, and only to the extent
that, the court is satisfied of one or more of the matters set out in a
sub-paragraph (a) to (g) and that it is necessary to sit in private to secure the
proper administration of justice.
Hybrid hearings, virtual hearings and ‘remote’ access by journalists
Under rare circumstances, the court can permit an individual to engage in the
courtroom from a remote location. This may be by electronic
communication like telephone, audio or video (audio-visual) ‘live link.’ For
example, in criminal cases, it is common for a defendant who is already in
prison to participate in a court hearing through a live link from the jail they
are already being held in custody.
- When all the participants in a court case are all in one physical room
(the courtroom), and therefore there is no need for a live link, then this is known as a physical
hearing or a face-to-face, in-person, fully-attended)
- If some participants are in the courtroom whilst others are using a live link or telephone, then
this hearing is a ‘hybrid’ one
- If all the participants of a hearing use a live link, then this would be a ‘virtual hearing.’ They
may be using software facilitated by HMCTS Cloud Video Platform. These hearings are also
known as ‘remote’ and ‘fully remote’, ‘wholly audio’ and ‘wholly video.’
In a virtual hearing, members of the court (judges/ magistrates) will not be in the same place as any of
the parties, witnesses or lawyers involved in the case - therefore removing any need to use a physical
courtroom.
Criminal courts practice direction - open justice in hybrid hearings
Criminal Practice Direction I General matters 3N.17 tells criminal courts that to uphold the open
justice principle, the participation of a person who attends a hybrid hearing by telephone of live link
“must be, as nearly as may be, equally audible and, if applicable, equally viable to the public” as if
they were physically present. The Direction’s Annex states “Everyone in the courtroom must be able
to hear and, in the case of a live link, see clearly those who attend by live link or telephone.” This
means implicitly that a journalist there must be able to see and hear the person clearly.
58
Civil courts deal in cases of private disputes and wrongs, often involving companies or individuals
suing on grounds of damage. Some cases also may be brought against state and public bodies like
hospitals, as well as civil litigations. The High Courts deal with complex or high value claims.
The types of civil litigation
- Breaches of contracts, which may include debt
- ‘Torts’ - these are civil wrongs where monetary damages can be awarded - like trespass,
defamation or infringement of copyrights
- Breaches of statutory duty
- Proceedings by financial institutions against borrowers
- Possession proceedings by landlords against tenants, who for example may have failed to pay
rent
- ‘Chancery’ matters
- Insolvency: including bankruptcy and the winding up of companies
- Family law cases which may include divorces and other disputes
The high court
These courts deal with more complex and serious civil cases. The administrative centre of the High
Court is at the Royal Courts of Justice in London. Outside, courts are distributed into district
registries, which often share a building with the Country Court.
It is made up of three factors:
1. The Queen’s Bench Division - which are specialist courts such as:
- The adminary court
- The commercial court
- Technology and construction court
2. The Chancery Division - this deals primarily with
company works, trusts, estates, insolvency and
intellectual property
3. The Family Division
High Court judges typically try to have a case resolved in one
single sitting.
The Court of Appeal
This court is the final in civil law cases hearing from the
country and high court. Cases may be heard by 2 to 3 judges,
and when there are 3, then each must give a judgement -
however, a judgement is not made based on the majority.
Media coverage of civil cases
Fair, accurate and contemporaneous reports of what is said
during public proceedings is protected by section 4 “defence
of the Contempt of Court Act 1981” when done so in “good
faith”, and by absolute privilege in defamation law.
57
, Open justice and case documents
Rule 39(2) of the Civil Procedure Rule states that the general
rule is that a hearing is heard in public, however, there are
exceptions. A journalist has the right to argue that a decision
should be heard publicly rather than privately on grounds it
would be socially beneficial. Civil courts have increasingly
become accustomed to using telephone conferencing
equipment or ‘live links’ for lawyers and witnesses to
participate in ‘hybrid’ or ‘virtual’ hearings - a response to
the Coronavirus, as well as the Government's policy to
“digitally” transform the justice system.
Civil courts- rules about public and private hearings
In rule 39.2 of the Civil Procedure Rules (CPR), the general
rule is that a hearing should be in a public space and that the court should have the responsibility to
ensure that hearings are as open as possible, unless held in private. It states:
“A hearing, or any part of it, must be held in private if, and only to the extent
that, the court is satisfied of one or more of the matters set out in a
sub-paragraph (a) to (g) and that it is necessary to sit in private to secure the
proper administration of justice.
Hybrid hearings, virtual hearings and ‘remote’ access by journalists
Under rare circumstances, the court can permit an individual to engage in the
courtroom from a remote location. This may be by electronic
communication like telephone, audio or video (audio-visual) ‘live link.’ For
example, in criminal cases, it is common for a defendant who is already in
prison to participate in a court hearing through a live link from the jail they
are already being held in custody.
- When all the participants in a court case are all in one physical room
(the courtroom), and therefore there is no need for a live link, then this is known as a physical
hearing or a face-to-face, in-person, fully-attended)
- If some participants are in the courtroom whilst others are using a live link or telephone, then
this hearing is a ‘hybrid’ one
- If all the participants of a hearing use a live link, then this would be a ‘virtual hearing.’ They
may be using software facilitated by HMCTS Cloud Video Platform. These hearings are also
known as ‘remote’ and ‘fully remote’, ‘wholly audio’ and ‘wholly video.’
In a virtual hearing, members of the court (judges/ magistrates) will not be in the same place as any of
the parties, witnesses or lawyers involved in the case - therefore removing any need to use a physical
courtroom.
Criminal courts practice direction - open justice in hybrid hearings
Criminal Practice Direction I General matters 3N.17 tells criminal courts that to uphold the open
justice principle, the participation of a person who attends a hybrid hearing by telephone of live link
“must be, as nearly as may be, equally audible and, if applicable, equally viable to the public” as if
they were physically present. The Direction’s Annex states “Everyone in the courtroom must be able
to hear and, in the case of a live link, see clearly those who attend by live link or telephone.” This
means implicitly that a journalist there must be able to see and hear the person clearly.
58
