civil courts/ADR Flashcards
what courts deal with civil disputes
county/high
what does civil law cover
business,contracts,estates,accidents,negligence, domestic family matters
what are the aims of civil law
protect businesses/individuals from wrongdoing
what do judges decide on in county court
compensation amount,remedies,who pays
what are the 3 divisions of high court
the kings bench division/chancery division/family division
what does the kings bench division do
deals with range of common cases and has supervisory responsibility over lower courts
what are the specialist areas of kings bench division
commercial,mercantile,admiralty,technology/construction,administrative
what does the chancery division do
deals with disputes related to business/propert/land
what is the specialist area of chancery division
companies
what does the family division do
deals with disputes involving kids/breakdown of relationships
what is the pre trial pocedure
- eliminates unnecessary claims
- N1 form completed and fee paid
- court sends claim to defendant
where can a fee be paid
country court office/online/high court
what options does a defendant have once sent the claim
admit mistake and pay in full/pay in instalments,dispute claim with reason,request time to get defence
what are the 3 tracks in civil courts
small claims track,fast track,multi-track
what is the small claims track
deals with disagreements between two parties
what is the fast track
provides quicker procedure for lower value cases
what is the multi-track
sets directions for case including cost case management conference
what is an appeal
when a party is unhappy with the case outcome they can appeal to be heard again
where are appeals heard
in the next highest court up
what is adr
alternative dispute resolution
when is adr used
to solve problems outside of court to save time/money/stress
what are the 5 types of adr
employment tribunals,negotiation,mediation,conciliation, arbitration
what are employment tribunals
deals with issues such as unfair dismissal/discrimination/redundancy in workplace
what is negotiation
settling dispute by coming to an agreement
