Civil Courts and Dispute Resolutions

Question 1

What is the cost of a case allocated to the small claims track?

Answer 1

Under £10,000 and personal injury under £1,000

Question 2

Where are small claims track cases heard?

Answer 2

In the County Court by a district judge

Question 3

Why are costs of the case lower in the small claims track?

Answer 3

Lawyers aren’t needed

Question 4

What is the cost of a case in the fast track?

Answer 4

£10,000 - £25,000 and personal injury over £1,000

Question 5

Where are fast track cases heard?

Answer 5

In the County Court by either a district judge or a circuit judge

Question 6

When should fast track cases be heard by?

Answer 6

Within 30 weeks of the claim being formally made

Question 7

What is the cost of a case in the multi track?

Answer 7

Over £25,000 or complex cases under this amount

Question 8

Where are multi track cases heard?

Answer 8

County Court by a circuit judge or High Court by a high court judge depending on the complexity

Question 9

What is ADR?

Answer 9

Alternative dispute resolution

Question 10

What is negotiation?

Answer 10

Where a party directly communicates with the person with whom there is a dispute in an attempt to settle it

Question 11

What are the possible outcomes of negotiation?

Answer 11

• The dispute can be resolved and the outcome can be enforced in court if the parties have formally agreed in writing to a settlement.
• If negotiation fails the parties can go to court or try other ADR methods

Question 12

What is mediation?

Answer 12

Where a neutral third party helps the parties to reach a compromise by passing messages back and forth and without actually imposing a solution on them.

Question 13

What are the possible outcomes of mediation?

Answer 13

• The dispute can be resolved and enforced in court.

* If mediation fails the parties can go to court or try other methods of ADR

Question 14

What are the differences between resolution in court and resolution through ADR?

Answer 14

•ADR is cheaper and quicker and less adversarial so the parties may be able to carry on business with each other. •Court ensures a fair process supervised by a judge who is a qualified expert and a lawyer may be needed

Question 15

What are tribunals?`

Answer 15

Set up by Parliament to operate alongside the court system so that people can enforce the rights from social and welfare legislation

Question 16

What did the TRIBUNALS, COURTS AND ENFORCEMENT ACT 2007 create?

Answer 16

A first-tier Tribunal, which has seven chambers to initially hear a case and an Upper Tribunal with four chambers to hear appeals

Question 17

What happens in first-tier cases?

Answer 17

Heard by a tribunal judge who hears both sides of the dispute and the decision is binding and enforceable