Civil Courts & ADR (Paper 2)

Question 1

To start a court case, a claimant needs to do these three things

Answer 1

Follow the pre-action protocol, complete an N1 claim form, pay the appropriate fee

Question 2

What are the two courts of 1st instance in civil cases

Answer 2

County Court and High Court

Question 3

What are the two appeal courts in civil cases

Answer 3

Court of Appeal and Supreme Court

Question 4

Explain the role of the County Court

Answer 4

Hears all small claims track and fast track cases, as well as uncomplicated multi track cases. Hears cases such as contract, tort, divorce, personal injury

Question 5

Explain the role of the High Court

Answer 5

Can hear all civil cases as it has unlimited jurisdiction

Question 6

What are the three divisions of the High Court

Answer 6

Chancery Division, King’s Bench Division, Family Division

Question 7

What are the four tracks for civil cases

Answer 7

Small claims, fast track, intermediate track, multi track

Question 8

Which claims are dealt with by the small claims track

Answer 8

Used for cases involving claims under £10,000, or personal injury claims up to £1,000

Question 9

Which claims are heard in the fast track

Answer 9

Used for cases from £10,000-£25,000

Question 10

Which claims are heard in the intermediate track

Answer 10

Used for cases between £25,000 - £100,000

Question 11

Which cases are heard in the multi track

Answer 11

Used for cases over £100,000 and for complex cases under this amount

Question 12

Act which governs civil appeals

Answer 12

Access to Justice Act 1999

Question 13

What are the types of ADR

Answer 13

Negotiation, Mediation, Tribunals

Question 14

Explain what is meant by negotiation

Answer 14

Most common way of resolving a dispute, usually the first step in the process and must be tried before starting a court case. Cheap, quick, and generally involves an exchange of information between the parties

Question 15

Describe the procedure of Negotiation

Answer 15

No set procedure, can be face-to-face, and it’s also common to send a letter

Question 16

Explain what is meant by mediation

Answer 16

Informal procedure where a neutral third party helps the parties reach a compromise. Voluntary process and the parties remain in control of their decision

Question 17

Describe the procedure of mediation

Answer 17

Mediator will often move between the parties sharing viewpoints, information, offers, and counter-offers in the hope that the parties will come to a decision which resolves their dispute. Requires cooperation between the parties

Question 18

What do tribunals do

Answer 18

Operate alongside the court system and deal with over a million cases each year. Not an alternative to the court as courts will not be available for the types of cases which they deal with

Question 19

What are the three main types of tribunals

Answer 19

Domestic, Employment, Administrative