Civil Courts & ADR - Paper 2 Flashcards

1
Q

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

A

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

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2
Q

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

A

County Court and High Court

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3
Q

What are the two appeal courts in civil cases?

A

Court of Appeal and Supreme Court

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4
Q

Explain the role of the County Court

A

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

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5
Q

Explain the role of the High Court

A

Can hear all civil cases as it has unlimited jurisdiction

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6
Q

What are the three divisions of the High Court?

A

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

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7
Q

What are the four tracks for civil cases?

A

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

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8
Q

Which claims are dealt with by the small claims track?

A

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

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9
Q

Which claims are heard in the fast track?

A

Cases from £10,000 - £25,000

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10
Q

Which claims are heard in the intermediate track?

A

Cases between £25,000 - £100,000

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11
Q

Which cases are heard in the multi track?

A

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

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12
Q

Which Act of Parliament governs civil appeals?

A

Access to Justice Act 1999

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13
Q

What are the main types of ADR?

A

Negotiation and Mediation

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14
Q

Explain what is meant by negotiation

A

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

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15
Q

Describe the procedure of negotiation

A

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

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16
Q

Explain what is meant by mediation?

A

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

17
Q

Describe the procedure of mediation?

A

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

18
Q

What do tribunals do?

A

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

19
Q

What are the three main types of tribunals?

A

1) Domestic
2) Employment
3) Administrative