Civil Courts And ADR

Question 1

What does a claimant need to do to start a court case

Answer 1

1) follow pre action protocol such as sharing information through a letter
2) complete N1 claim form from a county court and send it to the court
3) pay the fee
4) if the case is defended it will be allocated to one of the three tracks

Question 2

What are the county court and high court

Answer 2

Courts of 1st instance: start claim here and decision is made her

Question 3

What is the court of appeal and the Supreme Court

Answer 3

Appeal courts: only hear appeals

Question 4

What cases are heard in the COUNTY COURT

Answer 4

small claims, fast track and intermediate cases ( contract, tort, divorce) overall claim of less than 50,000 pounds

Question 5

What cases are heard in the HIGH COURT

Answer 5

all civil cases and also has an appeal function ( contract, tort, mortgage, child matters)

Question 6

What are the three divisions of the HIGH COURT

Answer 6

1) Chancery Division- cases involving money
2) Queen’s Bench Division- try cases in contract and tort and judicial review
3) Family Division- marriage, divorce, child cases eg adoption

Question 7

what are the four tracks civil cases are placed under

Answer 7

Small claims track
Fast track
Intermediate track
Multi-track

Question 8

Which law introduced the four tracks

Answer 8

The Civil Procedure (Amendment number 2) Rules 2023

Question 9

What is the job of the small claims track

Answer 9

Cases that involve under £10,000 or personal injury claims up to £1000

Question 10

What is the job of the fast track

Answer 10

Cases of over £10,000 to £25,000

Question 11

What is the job of the intermediate track

Answer 11

Cases between £25,000 and £100,000
If the case will take less than 3 days, you are only claiming money you cannot get an injunction under this track

Question 12

What is the job of Multi-track

Answer 12

Claims over £25,000 or for complex cases. Primary track for cases over £100,000, cases against the police, human rights, child neglect, clinical negligence, asbestos lung disease

Question 13

What did the Access to Justice act 1999 determine

Answer 13

Majority of appeals will only proceed if permission from the court has been granted

Question 14

What are the three types of judges in hierarchy order

Answer 14

District judge, circuit judge and high court judge

Question 15

What is negotiation

Answer 15

Way of resolving dispute, must be tried before starting a court case, lawyers continue to negotiate once court case has started, many settle outside of court, cheap and quick, exchange of information between parties

Question 16

What is the procedure for negotiation

Answer 16

No set procedure, can be done face to face eg taking back faulty goods to the shop where they were bought, through a letter to the other party detailing the complaint and any loss suffered. Can also be done through emails, texts and fax

Question 17

What is mediation

Answer 17

Informal procedure where a neutral third party helps the two main parties to compromise a solution. Voluntary process

Question 18

What is the procedure for mediation

Answer 18

Mediator moves between parties sharing viewpoints, information, offers and counter offers. Requires cooperation between parties. Can be a formalised mediation conference

Question 19

Examples of professional mediation services

Answer 19

ADR group and Centre for dispute resolution, RELATE for marital dispute resolution, claimroom.com

Question 20

What are tribunals

Answer 20

Operate alongside the court system, not an alternative to court as cases heard here are not available in the court system

Question 21

What are administrative tribunals

Answer 21

Deal with enforcement of social and welfare rights eg claim for asylum or right to claim benefits from the state

Question 22

What is the Tribunals Courts and Enforcement Act 2007

Answer 22

Created a new system for administrative tribunals, first tier tribunals operate in chambers (Social Entitlement Chamber) it hears cases at first instance, upper tribunal to hear appeals

Question 23

What are employment tribunals

Answer 23

Cases brought by employee against employer eg employment rights

Question 24

What are domestic tribunals

Answer 24

Dealt with ‘in house’ by the professional body responsible eg FA for football and BMA for medical related complaints

Question 25

What is the procedure for tribunals

Answer 25

Cases are heard by a tribunal judge but may be a panel of 2 lay people who usually have expertise in the field of dispute. Both parties put forward their side, less formal than court and there is minimal funding so people usually present their own cases

Question 26

What is the decision reached at tribunals like

Answer 26

Legally binding, appeals can be made to the court of appeal and further to the Supreme Court.