Civil Courts & ADR - Paper 2

Question 1

What three things does a claimant need to do to start a court case?

Answer 1

1) Follow the pre-action protocol
2) Complete an N1 claim form
3) 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

1) Chancery Division
2) King’s Bench Division
3) Family Division

Question 7

What are the four tracks for civil cases?

Answer 7

1) Small claims
2) Fast track
3) Intermediate track
4) Multi track

Question 8

Which claims are dealt with by the small claims track?

Answer 8

Claims under £10,000 or personal injury claims up to £1,000

Question 9

Which claims are heard in the fast track?

Answer 9

Cases from £10,000 - £25,000

Question 10

Which claims are heard in the intermediate track?

Answer 10

Cases between £25,000 - £100,000

Question 11

Which cases are heard in the multi track?

Answer 11

Claims over £100,000 and complex cases under this amount

Question 12

Which Act of Parliament governs civil appeals?

Answer 12

Access to Justice Act 1999

Question 13

What are the main types of ADR?

Answer 13

Negotiation and Mediation

Question 14

Explain what is meant by negotiation

Answer 14

It generally involves an exchange of information between the parties before starting a court case

Question 15

Describe the procedure of negotiation

Answer 15

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

Question 16

Explain what is meant by mediation?

Answer 16

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

Question 17

Describe the procedure of mediation?

Answer 17

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

Question 18

What do tribunals do?

Answer 18

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

Question 19

What are the three main types of tribunals?

Answer 19

1) Domestic
2) Employment
3) Administrative