Civil Courts & Alternative Dispute Resolution

Question 1

What is the first step of a pre-trial procedure that sets out deadlines?

Answer 1

Pre-Action Protocol (parties will asked to use ADR)

Question 2

What is form is needed to start a claim?

Answer 2

N1 claim form with a fee, depending on size, form is a general outline of what happened

Question 3

What can the defendant do when they receive the claim form?

Answer 3

Do nothing, admit all or part of the claim, dispute all or part of the claim and file a defence (must act in 14 days or C will get a default judgement)

Question 4

What does the acknowledgement of service form do?

Answer 4

Gives the D an extra 14-28 days to complete a defence

Question 5

What does an allocation questionnaire do?

Answer 5

Establishes the location, track and timing of a trial. An allocation fee of £100 is needed

Question 6

What happens once the case has been allocated by the Case Manager?

Answer 6

Date is set (at least 21 days later) Both parties disclose copies of documents and experts statements to the other

Question 7

Describe the Small-Claims Track

Answer 7

up to £10,000 (£1,000 for personal injury), District judge in a meeting room, no expert advice, encouraged to represent themselves

Question 8

Describe the Fast-Track

Answer 8

£10,001-£25,000, heard in the county court, no more than one day with limits on witnesses. Lawyers in formal dress

Question 9

Describe the Multi-Track

Answer 9

£25,000-£100,000, strict timetable and witnesses give evidence in person (claims over £100,000 and personal injury over £50,000 are heard in the High Court)

Question 10

What things can County Courts deal with? Give a few examples

Answer 10

Contract, tort, partnerships, trusts, inheritance, bankruptcy and discrimination cases

Question 11

What did the County Court Jurisdiction Order 2014 do?

Answer 11

Increased financial limit of equity jurisdiction from £30,000 to £350,000. Financial claims of up to £100,000 and personal injury to £50,000

Question 12

What are the three divisions of the High Court and what do they deal with?

Answer 12

QBD- Contract and tort over £50,000 (Defamation of Character) Chancery- mortgages, trusts, intellectual property, Family- Children Act 1989, family matters

Question 13

Who deals with small claim appeals?

Answer 13

Next judge up from the initial judge that heard the case

Question 14

Who deals with fast track cases?

Answer 14

Dealt with by District Judge, appeal is heard by Circuit Judge

Question 15

Who deals with multi track cases?

Answer 15

Dealt with by Circuit Judge, appeal is heard by High Court Judge

Question 16

When will the Court of Appeal hear appeals from fast track cases?

Answer 16

Exceptional cases where there is an important principle or practice or some other compelling reason

Question 17

What article allows for clarification from the EU on a point of European Law?

Answer 17

Article 267 of the Treaty for the Functioning of the European Union

Question 18

What are the four types of alternative dispute resolution?

Answer 18

Negotiation, Mediation, Conciliation and Arbitration

Question 19

Describe what is meant by negotiation

Answer 19

Lest serious type, parties will sit down together and discuss a settlement before going to court

Question 20

Describe what happens in mediation

Answer 20

Neutral third party helps the two to reach a decision, does not give opinions unless asked for one, private way of resolving issues for businesses (Formalized settlement conference is another method)

Question 21

Describe what happens in conciliation and how this is different to mediation

Answer 21

The conciliator is a neutral third party, but takes an active role going between the two parties and then suggesting a non-binding agreement on how the parties can reach a settlement. (Industrial disputes, ACAS)

Question 22

What act governs arbitration?

Answer 22

Arbitration Act 1996

Question 23

What is the aim of arbitration?

Answer 23

Obtain fair and impartial resolution without the delays and costs of going to court

Question 24

What is a Scott v Avery clause?

Answer 24

Found in most commercial contracts, says that if a dispute arises the parties will use arbitration to solve their dispute

Question 25

What are the two ways in which arbitration can take place?

Answer 25

Formal or informal, can be a written or a more formal hearing instead, similar to a court hearing with parties submitting documents and calling of witnesses

Question 26

What kind of decision will an arbitrator come to and what name is given to this?

Answer 26

A binding decision known as an award

Question 27

When can an award be challenged?

Answer 27

On the grounds of serious irregularity in proceedings or on a point of law