Civil Courts And ADR Flashcards
What does a claimant need to do to start a court case
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
What are the county court and high court
Courts of 1st instance: start claim here and decision is made her
What is the court of appeal and the Supreme Court
Appeal courts: only hear appeals
What cases are heard in the COUNTY COURT
small claims, fast track and intermediate cases ( contract, tort, divorce) overall claim of less than 50,000 pounds
What cases are heard in the HIGH COURT
all civil cases and also has an appeal function ( contract, tort, mortgage, child matters)
What are the three divisions of the HIGH COURT
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
what are the four tracks civil cases are placed under
Small claims track
Fast track
Intermediate track
Multi-track
Which law introduced the four tracks
The Civil Procedure (Amendment number 2) Rules 2023
What is the job of the small claims track
Cases that involve under £10,000 or personal injury claims up to £1000
What is the job of the fast track
Cases of over £10,000 to £25,000
What is the job of the intermediate track
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
What is the job of Multi-track
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
What did the Access to Justice act 1999 determine
Majority of appeals will only proceed if permission from the court has been granted
What are the three types of judges in hierarchy order
District judge, circuit judge and high court judge
What is negotiation
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
What is the procedure for negotiation
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
What is mediation
Informal procedure where a neutral third party helps the two main parties to compromise a solution. Voluntary process
What is the procedure for mediation
Mediator moves between parties sharing viewpoints, information, offers and counter offers. Requires cooperation between parties. Can be a formalised mediation conference
Examples of professional mediation services
ADR group and Centre for dispute resolution, RELATE for marital dispute resolution, claimroom.com
What are tribunals
Operate alongside the court system, not an alternative to court as cases heard here are not available in the court system
What are administrative tribunals
Deal with enforcement of social and welfare rights eg claim for asylum or right to claim benefits from the state
What is the Tribunals Courts and Enforcement Act 2007
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
What are employment tribunals
Cases brought by employee against employer eg employment rights
What are domestic tribunals
Dealt with ‘in house’ by the professional body responsible eg FA for football and BMA for medical related complaints
