Civil Courts And Dispute Resolution Flashcards

1
Q

What judges sit in the county court

A

District and circuit judges

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2
Q

What cases do the county courts deal with

A

Personal injury up to £50,000
Divorces up to £100,000
Contract law up to £100,000
Wills up to £100,000

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3
Q

What judge sits in the high court

A

High court judge

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4
Q

What does the high court deal with ?

A

KBD - personal injury over £50,000
Defamation
Family division - child welfare
Chancery’s division - wills and business disputes

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5
Q

What are the 3 pre trial processes

A

Pre action protocol
Money claim online
N1 form
Allocation questionnaire

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6
Q

Explain pre action protocol

A

You are asked to follow ADR first before going to the civil courts

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7
Q

Explain money claim online

A

Advised to do this for simple claims. Go on gov website

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8
Q

Explain N1 form

A

Fill in form and Pay the fee

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9
Q

Explain allocation questionnaire

A

To find out how much the claim is and allocate it to a track

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10
Q

What court are small claims heard in ?

A

The county court

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11
Q

What amount of money cam you claim for in the small claims track

A

Up to £10,000 or £1500 personal injury

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12
Q

What judge listens to small claims

A

District judge

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13
Q

What are the costs in small claims track

A

Pay own court fees
Can’t claim any fees back

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14
Q

Other information on the small claims track

A

Informal way of dealing with claims - lawyers are discouraged
Legal representation not needed

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15
Q

What are the 4 circumstances that you can appeal from the high courts for?

A
  1. Point of law - law was misunderstood/ misinterpreted
  2. Don’t feel that all the facts have been put forward
  3. Damages - compensation/money
  4. Leave- need permission to appeal
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16
Q

Explain appeals from county court

A
  • case will go to a more senior judge first ( small claims or fast tracks on appeal go to a circuit judge) (fast track cases on appeal go to a high court judge)
17
Q

What is the role of an employment tribunal

A
  • act as an independent, unbiased and impartial tribunal
  • resolve disputes between employees and employers
  • decide based on evidence
18
Q

What cases go to an employment tribunal

A
  • unfair dismissal
  • discrimination
  • unfair pay
  • rights to: sick pay, holiday pay,
  • breach of contract
  • redundancy
19
Q

What are the 4 possible outcomes of employment tribunals

A
  1. Compensation
  2. Reinstate you doing the same job
  3. Reinstate you in a different role
  4. Give you a good reference