Civil Courts & Alternative Dispute Resolution Flashcards
What is the first step of a pre-trial procedure that sets out deadlines?
Pre-Action Protocol (parties will asked to use ADR)
What is form is needed to start a claim?
N1 claim form with a fee, depending on size, form is a general outline of what happened
What can the defendant do when they receive the claim form?
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)
What does the acknowledgement of service form do?
Gives the D an extra 14-28 days to complete a defence
What does an allocation questionnaire do?
Establishes the location, track and timing of a trial. An allocation fee of £100 is needed
What happens once the case has been allocated by the Case Manager?
Date is set (at least 21 days later) Both parties disclose copies of documents and experts statements to the other
Describe the Small-Claims Track
up to £10,000 (£1,000 for personal injury), District judge in a meeting room, no expert advice, encouraged to represent themselves
Describe the Fast-Track
£10,001-£25,000, heard in the county court, no more than one day with limits on witnesses. Lawyers in formal dress
Describe the Multi-Track
£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)
What things can County Courts deal with? Give a few examples
Contract, tort, partnerships, trusts, inheritance, bankruptcy and discrimination cases
What did the County Court Jurisdiction Order 2014 do?
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
What are the three divisions of the High Court and what do they deal with?
QBD- Contract and tort over £50,000 (Defamation of Character) Chancery- mortgages, trusts, intellectual property, Family- Children Act 1989, family matters
Who deals with small claim appeals?
Next judge up from the initial judge that heard the case
Who deals with fast track cases?
Dealt with by District Judge, appeal is heard by Circuit Judge
Who deals with multi track cases?
Dealt with by Circuit Judge, appeal is heard by High Court Judge
When will the Court of Appeal hear appeals from fast track cases?
Exceptional cases where there is an important principle or practice or some other compelling reason
What article allows for clarification from the EU on a point of European Law?
Article 267 of the Treaty for the Functioning of the European Union
What are the four types of alternative dispute resolution?
Negotiation, Mediation, Conciliation and Arbitration
Describe what is meant by negotiation
Lest serious type, parties will sit down together and discuss a settlement before going to court
Describe what happens in mediation
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)
Describe what happens in conciliation and how this is different to mediation
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)
What act governs arbitration?
Arbitration Act 1996
What is the aim of arbitration?
Obtain fair and impartial resolution without the delays and costs of going to court
What is a Scott v Avery clause?
Found in most commercial contracts, says that if a dispute arises the parties will use arbitration to solve their dispute
What are the two ways in which arbitration can take place?
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
What kind of decision will an arbitrator come to and what name is given to this?
A binding decision known as an award
When can an award be challenged?
On the grounds of serious irregularity in proceedings or on a point of law
