A03 Civil Courts

Question 1

What are the 3 Advantages of small claims track?

Answer 1

1) Cases are low cost so everyone has access to justice
2) Loser doesn’t pay legal fees of winner means case rarely goes to court
3) No lawyers - inquisitorial judge means low costs

Question 2

What are the 2 disadvantages of small claims?

Answer 2

1) A party can use a lawyer - unfair balance of power
2) Some judges are not as helpful as they can be which disadvantages the weaker party.

Question 3

What is the advantage of the fast track system?

Answer 3

1) Cases can be heard in 1 day and only 1 expert witness- saves time and costs

Question 4

What are the 2 disadvantages of the fast track?

Answer 4

1) Lengthy delays - almost 12 months until trial
2) Loser pays legal costs of winner and damages - expensive - puts off going to court.

Question 5

What are the 2 advantages of the multi track?

Answer 5

1) Cases are allocated to the right court - county or high
2) Actively managed by a judge to avoid delays or waste costs.

Question 6

What are 2 disadvantages of the multi track system?

Answer 6

1) Expensive as lawyers are used
2) Delays of several years

Question 7

2 adv of civil courts?

Answer 7

1) Legally correct solution
2) Clear route of appeal unlike ADR

Question 8

2 disadv of civil courts?

Answer 8

1) Not confidential - damages reputations
2) Winner and loser - very small chance of future business between parties