Civil Courts and ADR

Question 1

What does a claimant have to do before starting a court case?

Answer 1

1) Pre-action protocol - sharing information
2) Fill out N1 claim and send to court
3) Pay fee
4) If case is defended, gets to 1/3 tracks

Question 2

What does courts of 1st instance mean?

Answer 2

This is where claim start, or may be 1st appeal. These courts are County courts and High court.

Question 3

What is an Appeal court?

Answer 3

Appeals are heard here. The courts are court of Appeal and Supreme court.

Question 4

What do county courts here?

Answer 4

Small claim, fast track and Intermediate cases.

Question 5

What do High courts do?

Answer 5

Intermediation and multi-track cases.

Question 6

What cases do county court handle?

Answer 6

1. Tort cases
2. Contract cases
3. Divorce

Question 7

What Civil/ High court cases they hear?

Answer 7

1. Contract
2. Tort
3. Mortgages

Question 8

What are the 3 High court divisions?

Answer 8

1. Chancery Division - money
2. QBD - Queen Bench Division - Judicial review
3. Family - divorce and marriage

Question 9

What are the 4 tracks (Civil Procedure) (Amended no.2) 2023?

Answer 9

1) Small claims - under £10,000 or personal injury claims under £1,000
2) Fast track - cases £10,000 to £25,000
3) Intermediate track - claims £25,000 to £100,000 - less than 3 days
4) Multi track over £25,000 complex. But if over £100,000 the high court

Question 10

What did Access to Justice Act 1999 say?

Answer 10

Appeals will only be allowed if permission from court.

Question 11

What is the hierarchy of the judges?

Answer 11

1. District judges
   then
2. Circuit judge
   then
   3 High court judge

Question 12

What happens with an appeal judge?

Answer 12

The judge from previous decision will not be used again. The appeal will be heard by the next up judge from previous. For example District judge - now goes to Circuit judge.

Question 13

What happens with appeals from the high court?

Answer 13

1. A decision from high court goes to Court of Appeal
2. Appeals from court of Appeal will go to panel of 3 called justices of appeal.
3. They conduct a ‘review of the case’

Question 14

What happens to appeal to the Supreme Court?

Answer 14

1. Decision of the Court of Appeal, further appeal to Supreme Court.
2. Appeal in Supreme court heard by panel of 5 Law Lords

Question 15

ADS - What is negotiation?

Answer 15

Negotiation is the most common way of resolving a dispute. First step in process. Negotiation is cheap and quick - involves an exchange of information between parties.

Question 16

What is the procedure of Negotiation?

Answer 16

No set procedure. Can be done face to face. Sending a letter is also common. Communication included email, texts etc.

Question 17

ADR - What is Mediation?

Answer 17

Mediation is where a neutral 3rd party helps the parties to reach a compromise solution. Parties remain in control of their decision.

Question 18

What is the procedure of Mediation?

Answer 18

A mediator often move between parties sharing viewpoints, information, offers etc. Does not require cooperation between parties.

Question 19

What is Professional Mediation Services?

Answer 19

Available from private companies like ADR group. Mediation often used for divorces.

Question 20

What are Tribunals?

Answer 20

Tribunals operate alongside of the court system. Deal with 1 million cases each year. Not an alternative to court as court will not be available for the cases they deal with. There are 3 types of tribunals;
Domestic, Employment, Administrative

Question 21

What is an Administrative Tribunals?

Answer 21

Administrative tribunals deal with enforcement of social and welfare rights.

Question 22

What is The tribunals, courts and Enforcement Act 2007 and 2 tiers?

Answer 22

‘First True Tribunal’ - Chambers
‘Upper Tribunal’ - Appeals

Question 23

What is an employment tribunal?

Answer 23

Employee against Employer - employment rights, such as sex, age etc.

Question 24

What is a domestic tribunals?

Answer 24

‘in house’ by the professional body responsible. E.g the Law Society deals with complaints against solicitors.

Question 25

What is the procedure of a tribunal?

Answer 25

Heard by tribunal judge - panel including 2 lay people.
Lay people usually have expertise in their field. Lesson form than court and funding is limited. But decision is legally binding, can be appealed to Supreme court