Civil courts and other forms of dispute resolution

Question 1

Civil Courts

Answer 1

Deal with non-criminal matters

Question 2

Key Civil Courts

Answer 2

County Court and High Court

Question 3

Reform of the Civil Justice System

Answer 3

1995, Lord Woolf reported ‘key problems facing civil justice today are cost, delay and complexity’. His report ‘Access to Justice (1996)’ suggested major reforms to civil justice system, largely incorporated into Civil Procedure Rules 1999. These override objections to enable civil courts to deal with cases more ‘just’ way than before.

Question 4

Woolf Reform 1

Answer 4

1. Reforms gave handling of case management to individual judges.

Question 5

Woolf Reform 2

Answer 5

2. ‘Track’ system introduced in County Court - put claims in hierarchical order depending on value of claim.

Question 6

Woolf Reform 3

Answer 6

3. Pre-action protocols introduced.

Question 7

Woolf Reform 4

Answer 7

4. Other forms of dispute resolution encouraged, which included Alternative Dispute Resolution.

Question 8

Where do some civil cases start?

Answer 8

Some civil cases start in Magistrates’ Court, most are in County Court though.

Question 9

First Appeal

Answer 9

First appeal from a small claims court or fast track is heard by a next level judge.

Question 10

Second Appeal

Answer 10

Possible from a decision of a circuit or high court judge to the CoA (civil), but only in exceptional circumstances with CoA permission.

Question 11

Appeal from Multitrack

Answer 11

Whether heard by District or Circuit judge is to the CoA.

Question 12

Appeal from High Court

Answer 12

To CoA or rarely supreme court, where general public importance is present.

Question 13

Further Appeal from CoA

Answer 13

CoA to Supreme but only if either gives permission.

Question 14

Final appeal to be referred to European Court of Justice

Answer 14

If a point of EU law is involved.

Question 15

Court and Claim values

Answer 15

Small claims
£10,000 and under.

Fast track claims
Between £10,000 and £25,000.

Multi-track
Between £25,000 and £50,000.

High Court
Over £50,000.

Question 16

Explain the purpose of tribunals in the civil justice system.

Answer 16

deal with very specific areas of law which will concern the social and welfare legislation. An example of this within the setting of civil law would include employment rights.

Question 17

Explain one advantage and one disadvantage of the tribunal system.

Answer 17

+ Cheaper and quicker than going to court.

• Public funding not available in most cases, individual have to bear cost of tribunal.

Question 18

Give three ways that alternative dispute resolution (ADR) is different from using the civil courts.

Answer 18

1. Less formal than using a civil court.
2. Lawyers generally not necessary.
3. ADR cheaper than litigation as small number of legal personnel required.

Question 19

Define Negotiation

Answer 19

most basic form of ADR, whereby an individual attempts to resolve the issue directly, privately and possibly face-to-face with the other party.

Question 20

Define Mediation

Answer 20

being slightly more formal than negotiation, although still being relatively informal. There will be a neutral 3rd party mediator who attempts to resolve the issue with both parties, without actually giving their opinion.