Civil Courts and ADR (Tort)

Question 1

How would someone go about starting a court case?

Answer 1

Follow pre-action protocol, complete an N1 claim form from any county court, pay fee, case will go to a track dependant on type

Question 2

What are the 4 civil courts (in order)?

Answer 2

County court, High court, Court of appeal, Supreme court

Question 3

Which courts can claims be made as well as first appeals?

Answer 3

High court and County court

Question 4

Which courts only hear appeals when there is a disagreement in lower courts?

Answer 4

Court of appeal and Supreme court

Question 5

What types of cases will the county court hear?

Answer 5

Small claims, fast track and intermediate

Question 6

What 3 divisions is the High court split into?

Answer 6

Chancery (money), Queen’s Bench Division (contract and tort), Family (marriage, divorce, adoption etc)

Question 7

What are the four tracks and what were they introduced under?

Answer 7

Introduced under The Civil Procedure (Amendment No.2) Rules 2023; Small claims track, Fast track, Intermediate track, Multi track

Question 8

What is the small claims track?

Answer 8

Cases with claims under £10k or personal injury up to £1k

Question 9

What is the fast track?

Answer 9

Cases over £10k up to £25k if it is not a small claim

Question 10

What is the intermediate track?

Answer 10

Cases between £25k and £100k (no injunctions in this track)

Question 11

What is the multi track + examples?

Answer 11

Cases above £25k or complex cases and is the primary one for over 100k (e.g. human rights, police, abuse of child and neglect)

Question 12

How are you able to appeal and what Act of Parliament decides this?

Answer 12

Appeals are only allowed if permission from the court has been given; comes from Access to Justice Act 1999 - will only be given if important or good chance of success

Question 13

What is the hierarchy of judges?

Answer 13

District Judge, Circuit Judge. High court judge

Question 14

What is the Administration of Justice Act 1969?

Answer 14

In rare cases, there may be a jump directly to the Supreme Court but it must have a point of law of general public importance

Question 15

What are the alternative dispute resolutions (ADR)?

Answer 15

Negotiation, Mediation, Tribunals

Question 16

What are negotiations?

Answer 16

The most common form of resolution; exchange of information between parties to negotiate and settle out of court

Question 17

What is mediation + examples?

Answer 17

Where a neutral third party gets involved to try and compromise for both parties; often share viewpoints (e.g ADR group, Centre for Dispute Resolution)

Question 18

What are the types of tribunals + examples?

Answer 18

Administrative (dealing with social and welfare rights), Employment (Employer against employee, typically due to discrimination), Domestic (dealt by own professionals such as football or solicitors - FA or Law Society)

Question 19

What is the system for administrative tribunals?

Answer 19

The Tribunals, Courts and Enforcement Act 2007 - First tier tribunal (Chambers; hear cases at first instances) and Upper tribunal (hear appeals)

Question 20

What is the decision from tribunals?

Answer 20

Legally binding and a further appeal is available from Supreme Court