Civil Courts Flashcards
Court Hierarchy
-Supreme Court
-Court of Appeal
-Appeal Divisions of the High Court (Kings Bench Division, Chancery Division, Family Division)
-High Court
-Family Court
-County Court
High Court Appeal (KBD, Family, Chancery)
-Hear appeals from county court
-Heard by three judges
Court of Appeal Civil Division
-Hears appeals from all divisions of high court, divisional courts and county courts and tribunal service.
-3-5 judges sit through appeal.
-Need leave to appeal.
Supreme Court
-3,5,7 or 9 judges can hear an appeal.
-Leave must be granted
-Hears appeals involving public importance.
Leapfrog Appeals
-Directly from the High Court to the Supreme Court.
-A certificate needs to be granted by a High Court judge when a case involves a point of law of general public importance.
-Supreme Court must give permission to appeal.
What does ADR stand for?
alternative dispute resolution
Types of ADR
- Conciliation
- Mediation
- Negotiation
- Arbitration
Why is ADR used?
-complex legal procedures
-delay in resolution
-cost of court action
-intimidating atmosphere of court
What is ADR?
A method of resolving issues of court, when litigation isn’t the most appropriate means of resolving dispute
What is mediation?
-Most commonly used in family disputes
-Neutral mediator used to encourage parties to come to own settlement
-Search online for local mediator, cost is fixed based on dispute
-Examples: neighbors disputes, divorce cases
-Advantages: private, voluntary, cost effective, accessible, likelihood of maintaining relationships
-Disadvantages: if fails dispute may go to court, half hearted commitment reducing success.
What is conciliation?
-Commonly used in industrial dispute
-Third party plays active role in pushing to settlement
-Advantages: private, confidential, ACAS adopts ‘prevention rather than cure’ approach, clarifies main issues
-Disadvantages: reliant on skills of conciliator, dispute may go to court (high costs).
What is negotiation?
-Used in most cases in outset of dispute
-Involves solicitors, letters, emails, meetings
-Example: returning faulty goods
-Advantages: fast resolution, relatively informal and private
-Disadvantages: solicitors are costly, offers often aren’t agreed until court day (wasting time and money).
What is arbitration?
-Commonly used in commercial, contract and high profile sport cases
-Formal and adjudicative, parties allow arbitrator to make binding decision
-Paper arbitration normally used, arguments and evidence is submitted in writing instead of orally
-Arbitration Act 1996
-Advantages: discretion over choice of arbitrator, hearing procedure decided by parties, no publicity, arbitrators are experts
-Disadvantages: one party may have financial advantage, appeals are restricted, not always a legal professional available.
