Civil Courts & ADR - Paper 2 Flashcards
What three things does a claimant need to do to start a court case?
1) Follow the pre-action protocol
2) Complete an N1 claim form
3) Pay the appropriate fee
What are the two courts of 1st instance in civil cases?
County Court and High Court
What are the two appeal courts in civil cases?
Court of Appeal and Supreme Court
Explain the role of the County Court
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
Explain the role of the High Court
Can hear all civil cases as it has unlimited jurisdiction
What are the three divisions of the High Court?
1) Chancery Division
2) King’s Bench Division
3) Family Division
What are the four tracks for civil cases?
1) Small claims
2) Fast track
3) Intermediate track
4) Multi track
Which claims are dealt with by the small claims track?
Claims under £10,000 or personal injury claims up to £1,000
Which claims are heard in the fast track?
Cases from £10,000 - £25,000
Which claims are heard in the intermediate track?
Cases between £25,000 - £100,000
Which cases are heard in the multi track?
Claims over £100,000 and complex cases under this amount
Which Act of Parliament governs civil appeals?
Access to Justice Act 1999
What are the main types of ADR?
Negotiation and Mediation
Explain what is meant by negotiation
It generally involves an exchange of information between the parties before starting a court case
Describe the procedure of negotiation
No set procedure but can be face-to-face and it’s common to send a letter
Explain what is meant by mediation?
It is an informal procedure where a neutral third party helps the parties reach a compromise
It is a voluntary process and the parties remain in control of their decision
Describe the procedure of mediation?
The 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
It requires cooperation between the parties
What do tribunals do?
Operate alongside the court system and deal with over a million cases each year
They are not an alternative to the court as courts will not be available for the types of cases which they dealt with
What are the three main types of tribunals?
1) Domestic
2) Employment
3) Administrative
