1st examined unit - Topics Flashcards
These are the parts you need to remember as these can't be on your notes
What are damages?
compensation
What are the two types of damages?
special and general damages
What are general damages?
non-pecuniary and are difficult to put a figure on as they can’t be calculated exactly
What are special damages?
pecuniary and are financial which can be calculated exactly
What does general damages cover?
Loss of career - (costs to retrain)
Loss of amenity - (hobbies/enjoyment)
What does special damages cover?
Loss of earnings - (injury to date of trial)
Medical expenses - (medicines, private treatment if not on the NHS, travel for appointments)
Special facilities - (care, 1:1 support, nursing, changes to home, moving home)
If relevant extra - Damages
Contributory negligence - if the claimants party is at fault, damages can be reduced by the extent the claimant was liable (e.g. 25%)
Mitigation of loss - the claimant is under a duty to mitigate loss and not occur unnecessary costs
Provisional damages - if the injury is uncertain or may deteriorate
What is heard in the county court?
Negligence cases under £100,000 and personal injury cases under £50,000.
Can be used for the small claims track, the fast track, the intermediate track and the multi track with low complexity.
What is heard in the high court?
Negligence cases over £100,000 and personal injury cases over £50,000 and the multitrack with high complexity.
King’s Bench Division (KBD) {or the high court ordinary} for negligence cases.
Judges in tracks -
District judge
County court
Small claims track - Fast track - Intermediate track
Judges in tracks -
Circuit Judge
County court
Multi-track (low complexity)
Judges in tracks -
High court judge
High court
Multi-track (high complexity and high value)
Judges in appeals
District judge > Circuit judge
Circuit judge > High court judge
High court judge > Lord / Justice of appeal (CA) or Justices of the supreme court (SC)
Small claims track - Court and judge
Crown court
District judge
Fast track - Court and judge
Crown court
District judge
Intermediate track - Court and judge
Crown court
District judge
Multi-track - Court and judge
Crown court - District judge
High court - High court judge
Small claims track - information
- representation not needed
- cannot claim back fees
- informal
Fast track - information
- Formal trial
- Max 1 day
- Date set in 30 weeks
Intermediate track - information
- Formal trial
- Max 3 days
- Limited to 2 experts per party
- clinical negligence to multi-track
Multi-track - information
- Circuit judge will manage court allocation
- Value and complexity
Jurisdiction of the county court
Hear = all tracks but only some from the multi-track
District judge > Circuit judge > High court judge
Jurisdiction of the high court
3 divisions
negligence - high court hears appeals from the county court
^ Circuit judge > High court judge
What are the 3 divisions of the high court?
- Chancery division
- Family division
- King’s Bench Division (KBD) or high court ordinary < negligence
Jurisdiction of the supreme court
- Final appeal court in England and Wales
- appeals of public importance from the court of appeal and sometimes the high court
= not really relevant anymore as this is part of EU law
Jurisdiction of the court of appeal
- Main appeal court for England and Wales
- 2 divisions
- hears appeals from the high court
What are the 2 divisions of the court of appeal?
Criminal division
Civil division
What does ADR stand for
Alternate Dispute Resolution
Arbitration (ADR)
- most formal
- parties choose arbitrator
- parties choose - date, time, place
- legally binding
- can be enforced by courts (not in same way)
- used by businesses, professions and trade unions
Conciliation (ADR)
- independent 3rd party
- conciliator plays an active role
- can make suggestions
- skilled conciliator
- not legally binding
- ACAS workplace issues
- only useful if skilled conciliator and the parties are on speaking terms.
Mediation (ADR)
- skilled independent 3rd party
- mediator acts as messenger
- facilitates discussion
- cannot make suggestions
- not legally binding
- helps parties to stay on talking terms / amicable / maintain good working relationships
- separating couples, neighbour disputes, businesses
- only as successful as the mediators skill sets
Negotiation (ADR)
- Least formal
- Easiest way
- Cheapest
- Quickest
- Discussion between parties
- No 3rd party
- Negotiations can take place between solicitors
Lawyers (advice)
- Offer advice on your case
- Review any evidence
- Experts that are knowledgeable
- Properly regulated
- Expensive
** Lawyers are the umbrella term for legal professionals **
Citizens advice (advice)
- Free, quick advice
- Volunteers
- Not legally qualified
- Initial advice - they may just say to go to a solicitor anyway
- Informal atmosphere
- Wide range advise advise coverd
- Various locations
Law centres (advice)
- Qualified solicitors, legal executives, paralegals (legal knowledge/ experts)
- Free legal advice
- Social welfare issues
- Major towns and cities
- Few exist
Insurance policies/ companies (advice)
- Free, legal advice
- Usually car insurance or home insurance
- Company instructor solicitor on the clients behalf
- Cheaper than paying for advice outright
- May have been paid through an extra premium
- Specialist advice
Internet (advice)
- Basic and initial advice
- Range of legal matters
- Instantly available
- Wide range of information
- Must use reputable website with relevant / correct information
- Good starting point
- Free form of advice
- Accessible (internet is available at home or at a local library)
Trade Union Membership (advice)
- Offer advice to members
- Industry related issues (specialist advice) {e.g. National Union of Teachers}
- Employment issues / workplace disputes
- Free if they are a member
Pro-Bono (advice)
- Means “for the public good”
- Some lawyers > experts / knowledgeable
- Legal advice may be free of charge
- May be student lawyers at university > some level of knowledge > may be beneficial for initial advice
- Offered on an infrequent basis by lawyers
Own resources (funding)
- Pay for legal services yourself
- If you have savings / good income
- Not an option if they have no job or low income
- Can be expensive
Insurance (funding)
1 - Legal expenses insurance
- covers the costs of legal advice and bringing of defending a case
- usually a one off payment /premium
- cheaper than paying a lawyer
2 - “After the event” insurance
- one fee
- tend to be more expensive
3 - Home/car insurance legal expenses
- included in home/car policy
- would be free
** Insurers will only find claims if “Reasurable prospect of success”
State / Public Funding (Legal aid)
- Civil legal aid through the GOV legal aid agency
- Introduced legal aid and advice act 1949
- Negligence cases not covered by legal aid
Conditional Fee Arrangement (CFA)
- “no win no fee”
- No charge by solicitors if they loose the case
- If they win the case, a higher than usual fee is charged : usual fee and a ‘success fee’ this can be up to 100% of the usual fee
- Good option for those who cannot afford costs
- No risk / no upfront costs
- Solicitor will only take the case on if there is a “reasonable prospect of success”
Pro-Bono (funding)
- “For the public good”
- some lawyers provide legal advice free of charge : funding themselves
- Student lawyers can also provide legal advice free of charge : funding themselves : not qualified but have some level of expertise
- May represent you for free
