civil courts and ADR Flashcards
explain how county courts try claims
e.g. types of claims, how they’re heard and what the judge decides
- 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
explain how high courts try claims
e.g. how they’re heard, different divisions and what the judge decides
- 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
explain the king’s bench division
e.g. jurisdiction and specialist courts
- 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
explain the chancery division
e.g. jurisdiction and specialist courts
- deals with business disputes over £100,000, trust disputes, probate claims, partnership matter disputes
- specialist courts of insolvency and companies list
explain the family division
e.g. how they’re heard and jurisdiction
- 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
explain pre-action protocols
- 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
explain which courts you use in regards to amount of claim
- 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
explain how you issue a claim
e.g. what it needs to include, where forms get filed, and fees
- 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
explain how you defend a claim
e.g. explain 4 actions and what happens if D fails to respond
- admit claim and pay full amount
- admit claim and pay in instalments
- dispute claim and file a defence
- 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
briefly explain the small claims track
e.g. value of claim, who it’s heard by and time allocated to case
- less than £10,000 or £1000 PI
- heard by district judge
- lawyers not encouraged
- maximum of 2 to 3 hours
briefly explain the fast track
e.g. value of claim, timetable and how it’s heard
- £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
briefly explain the multi track
e.g. value of claim, timetable and how it’s heard
- £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)
explain what an appeal is
- 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
explain the process of county court appeals
e.g. the 3 different approaches
- OD made by district judge, appeal heard by circuit judge in same court
- OD made bt circuit jude, appeal to high court
- directly to COA if raises point of law and accepted
explain the process of high court appeals
- heard by court of appeal but can be taken to supreme
- ‘leapfrog’ appeal if national importance involved
what is an employment tribunal?
deal with issues such as claims of unfair dismissal, discrimination or redundancy
explain preliminary matters in employment tribunals
- 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
briefly explain an employment tribunal hearing
e.g. tribunal panel, how they’re heard and decision of panel
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
explain negotiation as a form of ADR
e.g. how it’s carried out and who carries it out
- carried out by face to face, writing or phone
- conducted by parties, representatives or lawyers
explain mediation as a form of ADR
e.g. how it’s carried out, who carries it out and what a mediator is
- mediator who is neutral and shuffles points between parties (no opinion)
- often used in family disputes
explain conciliaton as a form of ADR
e.g. what a conciliator is, how it’s carried out and what ACAS is
- active role, discusses issue with parties and suggests compromises
- ACAS encourages employment/industrial disputes to reach a settlement/compromise
explain arbitration as a form of ADR
e.g. what it is, what an arbitrator is and result of arbitration
- 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
explain the scott v avery clause in arbitration
e.g. what it’s governed by and what it does
- 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
evaluate the use of civil courts in resolving disputes
e.g. include 3 advantages and 3 disadvantages
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
