1.1 Civil Courts And Other Forms Of Dispute Resolution Flashcards
What are civil courts?
Courts that deal with non-criminal matters, such as contract, tort and human rights issues
What are the 2 key civil courts?
County court
High court
What do County Courts deal with?
- cases between £5000 - £15,000, but a circuit judge can hear more
- contract disputes
- tortious actions
- compensation claims
What are the divisions of the High Court?
- Kings’s Bench Division
- Chancery Division
- Family Division
What does the King’s Bench hear?
- contract cases
- tort cases like defamation, trespass, negligence
- judicial review actions
What does the Chancery Division hear?
- specialist civil cases like company law
- professional negligence cases
- competition law cases
What does the Family Division hear?
- family related cases
- cases involving children under the Children Act 1989
- wardship cases involving custody and daily care of minors
Where do most civil cases start?
County Court
What are the tracks in which claims can be allocated into?
- Small claims track
- Fast track
- Multi-track
- High court
What is the small claims track for?
Straightforward claims not more than £10,000, or personal injury of not more than £1000
What is the fast track for?
Claims between £10,000 and £25,000
What is the multi track for?
Claims between £25,000 and £50,000
What is the High Court for?
Complex claims over £50,000
What happens with first appeals?
First appeals from small claims court or fast track are heard by the next level judge. If case was first heard by a district judge, then it goes to a circuit judge. If case was first heard by a circuit judge then it goes to a high court judge.
Can claimants go for a second appeal?
It is possible to go to the Court of Appeal from a decision by a circuit judge or a high court judge, but only in exceptional circumstances
What happens with appeals from multi tracks?
Goes to Court of Appeal
What happens with appeals from high court?
Goes to Court of Appeal, but sometimes “leapfrogs” to Supreme Court where a point of general public importance is present
Can you appeal from the Court of Appeal?
Yes, to the Supreme Court, if either gives permission
Can you appeal from the Supreme Court?
A final appeal is possible to the European Court of Justice
What are the 4 types of ADR?
Negotiation
Mediation
Conciliation
Arbitration
Define negotiation
Where an individual attempts to resolve a an issue directly with the other party
Eg - noise caused by neighbours
Define mediation
Where a neutral third party attempts to resolve the dispute without giving their opinion
Eg - businesses negotiating
Define arbitration
Where parties refer the case to an independent third party (arbitrator) to decide
Eg - package holiday contracts
Define conciliation
Form of mediation where third party raises ideas for compromise
Eg - cases of alleged discrimination
