civil courts Flashcards
negotiation advantages
saves difficulty
saves time
saves expenses
Avoids winner and looser scenario
negotiation disadvantages
potential weakness of case
Media can report
wasted time
meditation+ conciliation advantages
less formal
maintains working relationship
encourages cooperation
meditation+ conciliation disadvantages
no guarantee dispute will resolve
both parties must reach compromise
meditator has to be paid
Attendance is not compulsory
Weaker parties pressured
No pressure to adhere to comprimise
meditation and conciliation difference
meditator plays more active role in conciliation
negotiation
disputes solved through money
arbitation
a private trained arbitrator makes the decision and solves disputes
arbitration advantages
parties have control over arbitrator
uses experts
private
arbitration disadvantages
can be unequal
expensive
not all cases are suitable
CAPE
Case management
Allocate resources
Proportionate
Equal footing
small claims
up to 10,000
1500 in personal injury
not in open court
district judge
fast track
between 10,000 to 25,000
1,500 in personal injury
timetable set
district judge decides
multi track
over 25,000
timetable set
trial in open court
district, circuit, high court
civil court advantages
legally binding
Divisions so cases can be dealt with in best way.
Conducted by legal experts
appeal process easier
Remedy is guaranteed
Precedent allows lawyers to advise clients.
civil court disadvantages
delayed
expensive
focuses on wining and losing rather than justice
kings bench
Tort, commercial, construction
chancery
business, partnership, wills
family
divorce ,family ,adoption
Adr
Alternative way of getting justice not through court
Why adr
Saves: cost
Harassment
Stress
Time
Jurisdiction county court
Deals with civil claims
200 county courts
Hear claims of up to 100,000
Appeal
A review of lower court decision by higher court.
district to
circuit to CA
Circuit judge to
High court to CA
High to
CA to Supreme Court
Employment tribunals
Parallel courts with trained lawyers and lay people that have power to make decisions
reasons to appeal
Error in point of law
Error in fact
Unfair decision
Negotiation example
Fenty-v- Arcadia(2013)
Meditation example
Halsey-v-Milton Keynes
Conciliation example
Employer rights act 1998
Arbitration example
Scott-v-Avery(1856)
pre trial procedures
CAPE
KBD Further
Largest
Hears applications for judicial review
Deals with international technology disputes
Tort KBD
over 100,000
Commercial KBD
relating to trade and transactions
Courts of the chancery division
The intellectual property court
The patents court
The insolvency and companies list
Family division
child abduction
forced marriage
marriage outside of the uk
Family children
Children act 1989
Appealing from high court
Permission is needed
Appellants notice should be given within 21 days
Court of appeals to UKSC
must be of national importance
UKSC must give permission
Pre trial procedure
Claim form
Response by defendent
Allocation Questionnaire
Tracks
Who laid down pre trial procedure
The Civil Procedure Act 1997
Who made recommendations about pre trial procedure
Woolf report
High court jurisdiction
No financial limit
Why employee tribunals?
Provide quick, cheap and informal alternatives to deal with employee disputes.
Legal authority for employee tribunals
Employment Tribunals Act 1996
Examples of claims tribunals deal with
Unfair dismissal
Redundancy
Breach of contract
Discrimination
Role of employment tribunals
To be unbiased impartial and independent tribunal
Make decisions based on evidence
To deal with claims from employees who think their employer has treated them unlawfully
Result of employment tribunal
Compensation
Re engagement of employer in different role
Old job back
Preliminary employment tribunal
A claim on an employment issue has to be brought within three months from the event.
What happens if the claim is lost for an employment tribunal?
Employee will not have to pay the employer.
What happens if someone is dissatisfied with the decision in employment tribunal?
Either party has 14 days to ask for tribunal to review.
What does the employment rights act 1966 do?
sets out the rights of employees.
What did the employment tribunal act 1988 do?
Rename industrial tribunals
Amend the law relating to dismissal procedures.
What did industrial tribunals get changed to?
employment tribunals
How did the employment tribunal act 1988 amend dismissal procedures?
By establishing multiple hearings and a determination.
