Civil cases

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Civil cases

The civil courts in Northern Ireland deal with housing problems. If you want to sue for damages, sue for breach of contract or get an injunction, the case is heard in the civil courts,

You can take civil action in the magistrates' court, the county court and the high court. The court you use is determined by the amount of money you want and what you want the court to do.

Taking civil action

You will usually have to use civil proceedings if you want a court to help with a housing problem. For example, you use civil proceedings if:

you want to sue for damages;
you want to sue for breach of contract;
you want to get an injunction.

You can take civil action in:

magistrates' court;
county court;
high court.

You may be able to take civil action in the small claims court if you are asking for under £2,000.

Magistrates' court

You may have to go to the magistrates' court if:

you are looking for a non-molestation order after domestic violence;
you have rent arrears;
the Housing Executive wants to evict you.

Procedure for going to the magistrates' court

You must start action within six years. You can get application forms from your local court office.

You can represent yourself in the magistrates' court, however, it is usually advisable to get legal representation. You may be able to get Legal Aid for your case.

County court

You will normally have to go to county court if:

you are looking for up to £15,000 because your landlord was negligent;
you haven't paid your rates;
you haven't paid your mortgage, and owe less than £45,000.

Procedure for going to court

You or your solicitor must issue a Civil Bill if you are going to county court. You can represent yourself, however, it is advisable to get legal representation. You may be able to get Legal Aid for your case.

A judge will decide your case without a jury.

Small claims court

You can go to small claims court if you are:

looking for under £2,000 in rent or deposits;
you want under £2,000 in compensation for unsatisfactory workmanship;

or:

your property was damaged and repairs cost under £2,000.

High court

The high court deals with more complex cases than the county court. The high court looks at any case, no matter how much money you are asking for. But you should not go to the high court if the magistrates' court or county court can deal with the case.

Your case will normally be heard by a single judge without a jury. There are three divisions within the high court, to deal with different types of cases

Queen's Bench

You will usually go to the Queen's Bench if you want compensation for:

breach of contract;
damage caused to your property;
your injury.

You can represent yourself in court, however, it is usually advisable to get legal representation. You may be able to get Legal Aid for your case.

Chancery Division

You will usually go to Chancery if:

your home is being repossessed because you can't pay your mortgage;
you are sharing out a deceased person's estate.

Your case will usually be heard in the judge's private chambers without a jury. Get specialist help from an adviser if you must appear at a Chancery hearing.