Civil Courts

Question 1

AO3 - advantages and disadvantages question

INTRODUCTION

three tracks and pre action protocol

Answer 1

• The three tracks ensure that cases are dealt with expediently, justly and proportionately in relation to their value and complexity
• The pre-action protocols are designed to encourage settlement out of court, but the civil process is still very heavily front loaded in terms of costs and workload

Question 2

AO3 - advantages and disadvantages question

Small Claims track

advantages

Answer 2

• Ensures that cases are dealt with at a low cost (justice is accessible to all)
• Key feature is that the loser does not pay the winner’s fees (reduces the risk of taking a case to court)
• Lawyers are not required (saves legal costs)
• Judges should take an inquisitorial approach to ensure parties can present their cases

Question 3

AO3 - advantages and disadvantages question

Small Claims track

disadvantages

Answer 3

• Nothing to stop a party from using lawyers (imbalance of power)
• Reported that some judges are not as helpful as they could be (disadvantages the weaker party)

Question 4

AO3 - advantages and disadvantages question

Fast Track

advantages

Answer 4

• Ideal for cases that can be heard withiin 1 day
• Limit to the number of expert witnesses (both save time and costs)

Question 5

AO3 - advantages and disadvantages question

Fast Track

disadvantages

Answer 5

• Loser must pay the winner’s cost as well as any damages awarded by the judge (expensive and puts many off going to court)
• Suffers lengthy delays, can often take almost 12 months for the trial to be held

Question 6

AO3 - advantages and disadvantages question

Multi-track

advantage

ensures that cases are allocated to either the county or high court depending on complexity and value

Answer 6

• Actively case managed by a judge (avoid delay and prevent costs bieng wasted)

Question 7

AO3 - advantages and disadvantages question

Multi-track

disadvantages

Answer 7

• Most expensive as lawyers are used
• Significant delay of up to several years in the High court

Question 8

AO3 - advantages and disadvantages question

Conclusion

Answer 8

• Civil court system produces a legally correct solution and there is a clear appeal route compared to ADR
• Not confidential
• Often high-profile cases are reported in the press (negative impact on the parties)
• Process is adversarial and produces a winner and loser (damages relationships, leaves very little chance that the parties will do business together again in the future)

Question 8

AO3 - advantages and disadvantages question

Conclusion

Answer 8

• Civil court system produces a legally correct solution and there is a clear appeal route compared to ADR
• Not confidential
• Often high-profile cases are reported in the press (negative impact on the parties)
• Process is adversarial and produces a winner and loser (damages relationships, leaves very little chance that the parties will do business together again in the future)