Civil Court Procedure Flashcards

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0
Q

What is the burden of proof in Civil cases?

A

On the balance of probability

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1
Q

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

A

+ Very expensive

+ Destroys goodwill between clients

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2
Q

What is the name of the person bringing the Case?

A

The Claimant

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3
Q

What does a “man of straw” mean?

A

Someone who can’t pay court fees

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4
Q

What are the legal reforms that happened in 2004 called?

A

The Woolf Reforms

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5
Q

Give 2 things introduced in the Woolf Reforms

A

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

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6
Q

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

A

£10,000

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7
Q

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

A

£1,000

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8
Q

What is the financial limit for Fast-Track cases?

A

£25,000

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9
Q

What is the financial limit for multi-track cases?

A

There isn’t one

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10
Q

Is legal aid available for the small-claims track?

A

No

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11
Q

Explain the difference between the Divisions and the Divisional Courts?

A

The Divisions hear first instance cases and the Divisionals hear appeals

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12
Q

What is special about the time limits in Fast Track?

A

The case hearing can only last for 1 day

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13
Q

What is Negotiation?

A

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

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14
Q

What is Mediation?

A

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

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15
Q

What is the process of mediation? (4 Stages)

A

+ 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

16
Q

What is conciliation?

A

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

17
Q

What is ACAS?

A

The Advisory, Conciliation and Arbitration Scheme

18
Q

Arbitration

A

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

19
Q

What Act covers Arbitration?

A

The Arbitration Act 1996

20
Q

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

A

+ 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

21
Q

When can Arbitration arise?

A

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

22
Q

What is a Scott v Avery clause?

A

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

23
Q

How do people find arbitrators?

A

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

24
Q

What do the parties decide about the arbitration hearing?

A

Everything. They decide everything

25
Q

Can arbitration decisions be appealed?

A

Yes but it’s a bit rare

26
Q

What is the effect of the Arbitrator’s Award?

A

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

27
Q

What are some advantages of Arbitration? (Give 3)

A
\+ No public hearing or publicity
\+ Less risk of losing goodwill between parties
\+ Parties have high control
\+ Less costly
\+ Very fast
28
Q

What are some disadvantages of Arbitration?

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