civil courts and ADR

Question 1

explain how county courts try claims

e.g. types of claims, how they’re heard and what the judge decides

Answer 1

• most civil claims up to £100,000
• negligence claims, tort-based claims and probate
  claims (wills)
• heard in an open court by a single judge
• judge decides on liability, compensation, any other remedy and who pays cost of case

Question 2

explain how high courts try claims

e.g. how they’re heard, different divisions and what the judge decides

Answer 2

• heard in an open court by a single judge
• judges assigned to either King’s bench, Chancery or Family
• judge decides on liability, compensation, any other remedy and who pays the cost of case

Question 3

explain the king’s bench division

e.g. jurisdiction and specialist courts

Answer 3

• hears contract and tort claims over £100,000 or smaller claims with complicated issue of law
• specialist courts like administrative court or circuit commercial courts

Question 4

explain the chancery division

e.g. jurisdiction and specialist courts

Answer 4

• deals with business disputes over £100,000, trust disputes, probate claims, partnership matter disputes
• specialist courts of insolvency and companies list

Question 5

explain the family division

e.g. how they’re heard and jurisdiction

Answer 5

• heard in private as deal with sensitive matters
• hears cases where child is made a ward of the court, appeals from lower courts, complicated family cases, cases with foreign elements

Question 6

explain pre-action protocols

Answer 6

• explain conduct
• set out steps court would expect parties to take before any court action
• aim is to ensure that as many problems can be resolved

Question 7

explain which courts you use in regards to amount of claim

Answer 7

• small claims: less than £10,000 or £1000 PI
• county court: less than £100,000 or £50,000 PI
• high court: more than £100,000 or more than £50,000 PI

Question 8

explain how you issue a claim

e.g. what it needs to include, where forms get filed, and fees

Answer 8

• claim form N1 includes names/addresses of parties, brief details of reasons and amount of money being claimed
• form can be filed at county court, high court or online
• fee is charged for issuing claim depending on amount being claimed

Question 9

explain how you defend a claim

e.g. explain 4 actions and what happens if D fails to respond

Answer 9

1. admit claim and pay full amount
2. admit claim and pay in instalments
3. dispute claim and file a defence
4. file an acknowledgment of service confirming claim but asking for time to file a defence

• if D fails to respond, claim is ‘won’ and force D to pay the sum claimed

Question 10

briefly explain the small claims track

e.g. value of claim, who it’s heard by and time allocated to case

Answer 10

• less than £10,000 or £1000 PI
• heard by district judge
• lawyers not encouraged
• maximum of 2 to 3 hours

Question 11

briefly explain the fast track

e.g. value of claim, timetable and how it’s heard

Answer 11

• £10,000 to £25,000
• strict timetable of 30 weeks max
• hearing is 1 day max in open court by a circuit judge
• each party can be represented by a lawyer

Question 12

briefly explain the multi track

e.g. value of claim, timetable and how it’s heard

Answer 12

• £25,000 to £50,000
• county court, taken in place of a circuit judge
• strict timetable and strictly case-managed
• can be passed up to high court (points of law)

Question 13

explain what an appeal is

Answer 13

• legal arguments, why original decision should be altered
• made by the next highest court in hierarchy
• usually has to be made within 21 days
• appeal court agrees or reverses original decision

Question 14

explain the process of county court appeals

e.g. the 3 different approaches

Answer 14

1. OD made by district judge, appeal heard by circuit judge in same court
2. OD made bt circuit jude, appeal to high court
3. directly to COA if raises point of law and accepted

Question 15

explain the process of high court appeals

Answer 15

• heard by court of appeal but can be taken to supreme
• ‘leapfrog’ appeal if national importance involved

Question 16

what is an employment tribunal?

Answer 16

deal with issues such as claims of unfair dismissal, discrimination or redundancy

Question 17

explain preliminary matters in employment tribunals

Answer 17

• claim has to be brought within 3 months of event
• ACAS contacted for early conciliation
• advice from specialist lawyer or trade union
• given to employer to comment on it

Question 18

briefly explain an employment tribunal hearing

e.g. tribunal panel, how they’re heard and decision of panel

Answer 18

panel: judge specialised in employment law, person representing employer and a person representing employee
hearing: open to public and are short
decision: encourage settlement, award compensation, review decision within 14 days

Question 19

explain negotiation as a form of ADR

e.g. how it’s carried out and who carries it out

Answer 19

• carried out by face to face, writing or phone
• conducted by parties, representatives or lawyers

Question 20

explain mediation as a form of ADR

e.g. how it’s carried out, who carries it out and what a mediator is

Answer 20

• mediator who is neutral and shuffles points between parties (no opinion)
• often used in family disputes

Question 21

explain conciliaton as a form of ADR

e.g. what a conciliator is, how it’s carried out and what ACAS is

Answer 21

• active role, discusses issue with parties and suggests compromises
• ACAS encourages employment/industrial disputes to reach a settlement/compromise

Question 22

explain arbitration as a form of ADR

e.g. what it is, what an arbitrator is and result of arbitration

Answer 22

• dispute is left to a neutral specialist arbitrator
• points set in writing, arbitrator makes a decision
• not necessary to have legal representation
• decision is an ‘award’, binding, can be enforced

Question 23

explain the scott v avery clause in arbitration

e.g. what it’s governed by and what it does

Answer 23

• governed by Arbitration Act 1996
• court refuses to deal with a dispute when there is one of these
• clause names arbitrator/method or court chooses one
• common in building/holiday/phone contracts

Question 24

evaluate the use of civil courts in resolving disputes

e.g. include 3 advantages and 3 disadvantages

Answer 24

advantages:
1. legally binding decision made, guaranteed resolution
2. inaccuracies have structured appeal route
3. presided over a qualified judge, use of evidence, fair

disadvantages:
1. delay in preliminary stages and waiting for a hearing
2. lawyer only agrees if has a high chance of succeeding
3. loser pays winner’s costs in addition to lawyer fees

ads:binding, appeals, qualified judge dis: delay, costly, lawyer

Question 25

evaluate use of ADR to resolve disputes

e.g. include 3 advantages and 3 disadvantages

Answer 25

advantages:
1. less formal than courts e.g. negotiation is just the parties
2. lawyers not encouraged, cheap and no loser pays winner costs
3. quicker and easier to arrange a resolution

disadvantages:
1. lower compensation than courts give out
2. limited appeal rights e.g. arbitration, serious irregularities
3. parties not forced to engage, increases delay

ads: informal, cheap, quick dis: claim, appeal, delay

Question 26

evaluate employment tribunals

e.g. include 3 advantages and 3 disadvantages

Answer 26

advantages:
1. heard by specialist panel
2. no public, ensure confidentiality
3. informal and short

disadvantages:
1. no funding, disadvantaged if can’t pay legal fees
2. appeals are limited due to issues of law
3. delays in setting hearing dates

ads: panel, private, informal dis: funding, appeal, delay

Question 27

evaluate negotiation as a form of ADR

e.g. include 3 advantages and 3 disadvantages

Answer 27

advantages:
1. no cost, no need for lawyers
2. relationships between parties are preserved
3. straightforward contact between parties

disadvantages:
1. one parties won’t negotiate with the other
2. not prepared to settle
3. may lead to court proceedings to resolve

ads: cheap, relationship, contact dis: party, settle, court

Question 28

evaluate conciliation as a form of ADR

e.g. include 3 advantages and 3 disadvantages

Answer 28

advantages:
1. cheaper than court
2. control over choosing conciliator
3. business relationships preserved

disadvantages:
1. conciliator could force a resolution
2. might not bring about a resolution
3. may not be binding on one or both of parties

ads: cheap, control, business dis: bias, no decision, binding

Question 29

evaluate mediation as a form of ADR

e.g. include 3 advantages and 3 disadvantages

Answer 29

advantages:
1. cheaper than court
2. parties in control over process
3. business/personal relationships maintained

disadvantages:
1. one party may be unwilling to take part
2. parties unwilling to reach a settlement
3. result might not be binding for one or both parties

ads: cheap, control, business dis: unwilling, settle, binding

Question 30

evaluate arbitration as a form of ADR

e.g. include 3 advantages and 3 disadvantages

Answer 30

advantages:
1. cheaper than court
2. arbitrator is qualified in the area of law
3. decision is binding, could be enforced by courts

disadvantages:
1. process is formal and complicated
2. more expensive than other forms of ADR
3. not suitable for complicated points of law

ads: cheap, qualified, binding dis: formal, costly, unsuitable