Civil Courts and Dispute Resolution

Question 1

What is contract law?

Answer 1

determines if a legally binding agreement has been breached and provides remedies

Question 2

What is tort law?

Answer 2

Deals with situations where one has breached their legal responsibilities to another.

Question 3

What courts hear civil claims?

Answer 3

County and high court hear civil trials. Amount of damages being claimed and complexity of case determines the court.

Question 4

What is the maximum financial limits for each courts?

Answer 4

County court = £100,000 PI = £50,000

QBD = over £100,000 PI = over £50,000

Question 5

What are the 3 high court divisions?

Answer 5

• QBD
• Chancery Division
• Family Division

Question 6

What are the 3 Tracks?

Answer 6

• Small Dispute Track
• Fast Track
• Multi-Track

Question 7

Explain details of Small Claims Track

Answer 7

• Disputes for under £10,000 & £1,000 for PI
• Heard informally by district judge in committee room at county court
• Usually an hour and decision given at the end
• Costs are low as lawyers aren’t needed

Question 8

Explain details of Fast Track

Answer 8

• £10,000 to £25,000 and over £1,000 for PI
• Heard by district or circuit judge in the county court
• heard within 30 weeks of the claim

Question 9

explain details of Multi-track

Answer 9

• claims over £25,000 or complex cases under this amount
• Heard by circuit judge or high court judge
• Pre-trial hearing judge will set a timetable

Question 10

Who appeals the decision in civil courts?

Answer 10

The ‘loser’ can appeal against liability or the amount of damages.

Question 11

What can the appeal courts do?

Answer 11

affirm, set aside or vary any order or judgement. can order new trial.

Question 12

Facts of STUFCLIFFE v PRESSDRAM 1991

Answer 12

wife of yorkshire ripper was awarded 600,000 in damages against magazine. magazine appealed and it was reduced to 60,000

Question 13

What are the two types of ADR?

Answer 13

negotiation

mediation

Question 14

Explain negotiation

Answer 14

Two parties communicating until they settle the dispute.

Possible outcomes: resolved, enforced in court or the wronged party can sue

Types of case: all civil disputes do this first

Question 15

explain mediation

Answer 15

Where a neutral third party helps reach a compromise without imposing any solutions.

Possible outcomes: resolved, outcome enforced or wronged party can sue

Types of cases: CEDR is main service. disputes about finances, children etc

Question 16

Differences between court resolutions and ADR mechanisms?

Answer 16

• ADR is cheaper
• Courts ensure a fair process
• Courts require a lawyer
• ADR allows an agreement where court may lead a party to be bitter

Question 17

What is dispute resolution by tribunals?

Answer 17

• Enforces the rights from social and welfare legislation. Example: child support
• TRIBUNALS, COURTS AND ENFORCEMENT ACT 2007 Created a first-tier tribunal with 7 chambers and Upper tribunal with 4 chambers.

A - first tier cases are heard by a tribunal judge and maybe two lay members. Both sides put their case forwards.

B - There may be a right to an appeal based on legal reasons to the Upper Tribunal and from there to CoA then Supreme court