Civil Court Procedure

Question 0

What is the burden of proof in Civil cases?

Answer 0

On the balance of probability

Question 1

Why should taking a case to Civil Court be avoided? (Give 2)

Answer 1

+ Very expensive

+ Destroys goodwill between clients

Question 2

What is the name of the person bringing the Case?

Answer 2

The Claimant

Question 3

What does a “man of straw” mean?

Answer 3

Someone who can’t pay court fees

Question 4

What are the legal reforms that happened in 2004 called?

Answer 4

The Woolf Reforms

Question 5

Give 2 things introduced in the Woolf Reforms

Answer 5

+ ADR encouraged
+ Timetable management given to the court
+ Fast-Track introduced

Question 6

What is the financial limit for the small claims track? (Not Personal Injury cases)

Answer 6

£10,000

Question 7

What is the financial limit in a Small Claims case for Personal Injury?

Answer 7

£1,000

Question 8

What is the financial limit for Fast-Track cases?

Answer 8

£25,000

Question 9

What is the financial limit for multi-track cases?

Answer 9

There isn’t one

Question 10

Is legal aid available for the small-claims track?

Answer 10

No

Question 11

Explain the difference between the Divisions and the Divisional Courts?

Answer 11

The Divisions hear first instance cases and the Divisionals hear appeals

Question 12

What is special about the time limits in Fast Track?

Answer 12

The case hearing can only last for 1 day

Question 13

What is Negotiation?

Answer 13

The parties involved try to resolve the issue quickly by direct communication

Question 14

What is Mediation?

Answer 14

Where both parties agree to have someone act as a go-between between them. They give a non binding decision.

Question 15

What is the process of mediation? (4 Stages)

Answer 15

+ Parties agree to accept a mediator
+ They each draw up a brief written summary of their case
+ Each party meets privately to discuss their issue
+ Compromise solution is agreed upon

Question 16

What is conciliation?

Answer 16

Where a 3rd part offers an opinion, which may lead to settlement

Question 17

What is ACAS?

Answer 17

The Advisory, Conciliation and Arbitration Scheme

Question 18

Arbitration

Answer 18

Where parties voluntarily allow someone other than a judge to consider their claim

Question 19

What Act covers Arbitration?

Answer 19

The Arbitration Act 1996

Question 20

What kind of things do the Arbitration Act state? (Give 2)

Answer 20

+ The aim is to obtain fair resolution of disputes without delay
+ Parties must agree to how the dispute will be resolved
+ If both parties agree arbitration may be abandoned in favour of court action

Question 21

When can Arbitration arise?

Answer 21

By contract before a dispute arises, or after a dispute arises

Question 22

What is a Scott v Avery clause?

Answer 22

A clause in a contract with a business that says the client can’t take a dispute to court, only arbitration

Question 23

How do people find arbitrators?

Answer 23

Arbitrators can be found through a trade association or the Chartered Institute of Arbitration

Question 24

What do the parties decide about the arbitration hearing?

Answer 24

Everything. They decide everything

Question 25

Can arbitration decisions be appealed?

Answer 25

Yes but it's a bit rare

Question 26

What is the effect of the Arbitrator's Award?

Answer 26

The award is final and binding on the parties and can be enforced the same way as a high court judgement

Question 27

What are some advantages of Arbitration? (Give 3)

Answer 27

``` + No public hearing or publicity + Less risk of losing goodwill between parties + Parties have high control + Less costly + Very fast ```

Question 28

What are some disadvantages of Arbitration?

Answer 28

``` + Lack of appeal structure + Decisions are hard to enforce + Legal aid is not available + Delays are growing + Requires parties to co-operate ```