Civil courts and other forms of dispute resolution

Question 1

What does the County Court jurisdict over? (Three minimum)

Answer 1

Contract, Equality Act 2010 Cases, Inheritance up to 30,000, Tort, Partnerships & Trusts, Divorce, family and bankruptcy

Question 2

What track does the County Court handle?

Answer 2

All three: Small Claim, Fast Track and Multi-track.

Question 3

What judges sit in the County Court?

Answer 3

CIrcuit or District Judges.

Question 4

What is the limit as to how much can be claimed in a County Court before it is moved up to the High Court?

Answer 4

£100,000, unless it is personal injury, which it will then be £50,000

Question 5

What are the three benches of the High Court?

Answer 5

King’s Bench Division

Chancery Division

Family Division

Question 6

What does the King’s Bench Division jurisdict over? (Three minimum)

Answer 6

Contract & Tort. Hears ALL defamation and Judicial review cases.

Question 7

What two courts are included in the King’s Bench Division?

Answer 7

Commercial Court & Admiralty Court

Question 8

What does the Chancery Division jurisdict over? (Three minimum)

Answer 8

Insolvency, Business matters, mortgages, trusts, property disputes, copyright and patents, intellectual property and probate disputes.

Question 9

What Court is included in the Chancery Division?

Answer 9

Patents Court

Question 10

What does the Family division Jurisdict over? (Three min)

Answer 10

Children Act 1989 Cases (welfare), adoption, defended divorce.

Question 11

What did the Crime and Courts Act 2013 do?

Answer 11

Made a new Family Court which replaces much work of the Family Division.

Question 12

What tracks does the High Court handle?

Answer 12

Multi-Track only.

Question 13

Which Judges sit in the High Court?

Answer 13

Mainly High Court Judges.

Question 14

How much money must be at stake for a High Court case?

Answer 14

Over £100,000 unless it is Personal injury then it is over £50,000

Question 15

What is a Divisional Court?

Answer 15

The amount of judges sitting in the High Court.

Question 16

What is Small Claims and its procedure?

Answer 16

-Any claim of less than £10,000 or £1,500 for personal Injury & landlord + tenant cases.
-Cases heard by County Court by inquisitorial District Judge, can be heard by Circuit Judge, typically 2-3 hours in length.
-No legal rep typically required, no costs payable.

Question 17

What is Fast track and its procedure?

Answer 17

Cases between 10k-25k (over 1,500 for personal injury)

Heard in County Court before District Judge, can be heard by Circuit Judge with strict trial time of one day and limited no of witnesses

Case usually hard within 30 weeks of allocation

Legal rep typically used

Question 18

What is Multi-Track and its procedure?

Answer 18

Cases of 25k+ (or less if it includes complex law)

Heard in County or High Court depending on value or if it becomes complex points of law

Some specialist areas only heard in High Court

Judge will actively manage case & set strict timetable including what must be disclosed and how any witnesses will be use and trial time.

Question 19

What is the additional track added in October 2023?

Answer 19

Intermediate Track, £25,000-£100,000

Question 20

What is the pre-trial procedure?

Answer 20

A claimant may be advised to use money claim online. At the start of the claim, the claimant will be required to complete N1 form setting out all particulars of the case.

The judge allocates the case to a track and Court.

Pre-action protocols (a list of things parties must do before a claim can be issued) & letter of claim (Letter before action) must have D responding within a certain time limit.

Question 21

What are three examples of grounds to appeal?

Answer 21

-Error of law
-Error of fact
-Procedural unfairness

Question 22

What is the appeal route from the county court in simple words?

Answer 22

Small claim/Fast Track County (District) -> County (Circuit judge) -> Court of Appeal (only if Case stated or there is a point of law) Civil division -> SC

Fast Track County (Circuit Judge) -> High Court (HC Judge) -> CA Civ div -> SC

Question 23

What is the appeal route from the High Court?

Answer 23

High Court (Multitrack) -> Court of Appeal (Must have case stated/point of law issue) -> SC

High Court -> (Leapfrog appeal) -> SC

Question 24

What are the Advantages of Civil Courts?

Answer 24

A qualified Judge & experienced lawyers can deal with complex legal matters and evidence

Cases will be allocated to the most effective track or court

Precedent means lawyers can predict outcomes more accurately

Civil courts have clear, structured appeal routes unlike ADR. Not limited to just points of law

Question 25

What are the disadvantages of Civil Courts?

Answer 25

Long delays & Fast-track cases be rushed

Losers pay own & winners cost (Uncertainty)

Need lawyers so more confrontational, no more goodwill between parties, inequality of bargaining power if one cannot afford a lawyer.

Allowing appeals can delay clsoure and final outcome. Less compromise.

Enforcing judgement if a loser refuses to pay after case involves more cost.

Question 26

What did the Woolf Report 1996 recommend about ADR?

Answer 26

That its use is increased in Civil matters.

Question 27

What are the forms of Conflict Resolution?

Answer 27

Negotiation
Mediation
Conciliation (third party actively suggests compromise)
Arbitration (Third party makes binding decision)
Litigation (Civil Court Action)

Question 28

Describe Negotiation

Answer 28

The parties or their representatives may try to resolve by direct communication eg consumer dispute when returning goods or asking qualified negotiators to act on behalf of the parties. Not binding.

Question 29

What is the advantages and disadvantages of Negotiation?

Answer 29

Advs-
Parties can control process
Informal + in private.
Fast/immediate.
Cheaper than Court.

Disadvs-
Parties need to co-operate.
No binding means there may not be resolution.

Question 30

Describe mediation

Answer 30

Mediators = neutral advisors. Usually lawyers of 7 years standing.

Consult with parties who voluntarily refer issue to them & exchange info but will not suggest solution. Act as a go-between. Not binding but can give parties understanding of likely outcome of Court. Parties can withdraw at any time.

This can be things like Neighbourhood or Family mediation.

Question 31

What do the Commercial Mediation Services do? (Centre for Dispute Resolution - CEDR)

Answer 31

-Parties agree to accept named mediator
-Each draw up brief written summary of their version of dispute
-Meet & mediator tries to clarify issues
-Parties present case to each-other
-Each meets privately with mediator & discusses options
-Compromise solution agreed on

Question 32

Describe Conciliation

What is ACAS?

Answer 32

3rd Party may offer non-binding solution that could lead to a settlement. Many county courts have conciliation schemes.

ACAS - The Advisory, Conciliation and Arbitration service aims to promote industrial relations. Mediates impartially in disputes. Deals with employee disputes, individual dismissal cases & T.U recognition matters.

Panel of nine include representatives from employer & employee organisations. Funded by DTI but fully independent, has statutory power to resolve before matters reach ET.

Question 33

What are the Advs and Disadvs of Mediation & Conciliation?

Answer 33

Advs-
Avoids adversarial attitudes
Private
Common sense important
Parties can control it

Disadvs-
Mediation sums usually less than awarded in Civil Courts
Mediator/Conciliator may bully one party
Process may not bring resolution
Both Parties must cooperate

Question 34

Describe Arbitration

Answer 34

Where parties voluntary allow someone other than a judge to consider their claim.

Written agreements controlled by Arbitration Act 1996.

Question 35

What does the Arbitration Act 1996 state?

Answer 35

a) The aim is to obtain fair resolution of disputes without delay or expense.
b) Parties must agree how the dispute will be resolved.
c) Arbitration Act rules come into play where parties have not agreed their own rules.
d) If both parties agree arbitration may be abandoned in favour of Court action.

Question 36

What are the two ways Arbitration may arise?

Answer 36

A) After a dispute arises (Parties may agree to it anytime)

B) By contract before a dispute arises (Many agreements contain a ‘ Scott v Avery clause ‘ which say they must go to arbitration, by entering they both agree to this. )

If parties have agreed to arbitration a court will not allow them to switch except where it includes a consumer contract within small claims limit.

Question 37

What are three Trade Association arbitration schemes?

Answer 37

ABTA, FMB & ACAS.

Question 38

How may someone choose na arbitrator?

Answer 38

May be found through trade association or chartered institute of Arbitration.

Parties may agree onpanel of arbitrators or just one but the person chosen must be a neutral 3rd party even if they aren’t an expert.

Parties should ensure:
A) He has no connection to either party
B) He has necessary expertise
C) He has experience of the area in dispute

Question 39

Describe the Arbitration hearing.

Answer 39

Parties agree to procedure which suits them, whether paper or oral hearing it must be suitable to the circumstances of the case

The date, time & place of hearing are all for parties to decide with the arbitrator.

Arbitrators fees can be high but usually quicker and hearing date usually made at mutually convenient time.

Appeal - Arbitration Act 1996 s69 gives a limited right to appeal to a court only if its on point of law and both parties agree or the court gives leave (This is rare)

Question 40

What are the advantages of Arbitration?

Answer 40

Cheaper than fast or multi-track, Legal rep usually not needed

Award is given

Less backlog of cases

Not formal - in private, not public hearing

Experts hear specialist areas of law, Arbitrators are experts and qualified

Parties can be involved and they control process - it is flexible and they choose the time place and arbitrator

Award is final - binding can be enforced via courts.

Preserves goodwill for future businesses & avoids aversaral winner/loser attitude.

Question 41

What are the disadvantages of Arbitration?

Answer 41

Small claims may be cheaper & easier but arbitration can be formal and complicated, enforcement involves going through courts and Arbitrators are very expensive.

No process may not bring resolution, parties may still just go to Court.

Delays are growing.

Mediator/Conciliator may bully one party

Lack of legal expertise if it is a complicated point of law.

Parties need to co-operate.

No appeal unless both parties agree or serious irregularity in point of law involved.

Mediation sums usually less than awarded in civil courts

Question 42

What is the difference between Courts & ADR?

Answer 42

Courts - Small claims cheap, may be cheaper

-You can appeal

-Judge has legal but not topic specific expertise

-Long delays but– fast track.

ADR - No rule that loser pays winners, generally cheaper.

Rare to appeal & only on points of law and agreed by both parties.

Those who run ADR schemes often specialist knowledge & base decisions on common sense.

Quicker but delays are growing.

Question 43

Are employment tribunals mandatory alternatives to going to court in Civil matters?

Answer 43

Yes

Question 44

What is the role of Tribunals?

Answer 44

Connected with Civil rights (Benefits, redundancy payments, disability discrimination, etc)

Question 45

How do Tribunals work alongside the court system? What are the issues they hear?

Answer 45

There are 70 different types including employment tribunals, immigration services tribunals, lands tribunals, etc.

Issues heard may include:
Right to mobility allowance
Right to redundancy pay
Right not to be discriminated
Right of immigrants to have case of political asylum heard

Question 46

Describe employment tribunals

Answer 46

Operate independently & governed by own leg. Makes independent decisions around employment law and are responsible for claims from people who think someone eg employer has treated them unlawfully.

Question 47

What is the Role and Jurisdiction of Employment Tribunals?

Answer 47

Deal with issues like:
-Unfair dismissal
-Discrimination
-Unfair deductions from pay

Question 48

What is the composition of an Employment Tribunal?

Answer 48

Each employment tribunal made up of three members: Legally qualified chair, Representative of employers & representative of employees.

Judicial bodies consisting of:
A chairman (Lawyer 7yrs+)
Individual nominated by employer association
Another by TUC or TUC-affiliated union

Independent panels & make legally binding rulings.

Question 49

How were Employment Tribunals originally created?

Answer 49

Via the Industrial Training Act 1964 with aim to improve relations and provide informal route to resolve disputes quickly and cheaply. Became one of most technical & difficult areas of law and no quicker and as equally complex as other courts now.

Question 50

Who are Employment Tribunals governed by today?

Answer 50

The Employment Tribunals (Constitution and Rules of Procedure) Regulations 2013

Question 51

What is the role of Conciliation and ACAS in Employment Tribunals?

Answer 51

Parties are encouraged to go there first to see if it can be resolved.

Question 52

How do employment tribunals work?

Answer 52

1) Dispute arises
2) Try to sort informally/directly with employer
3) Early conciliation (Employee must contact ACAS to try and resolve dispute through conciliation)
4) ET1 sent claim form to tribunal office
If claim accepted Tribunal Office contacts employer
5) Respondent has 28 days to respond using ET3
6) If none received or accepted, judgment issued for claimant.
If employer disputes claim - hearing held.
7) Judgment issued.

Question 53

What is the role of the Employment Appeal Tribunal?

Answer 53

Consider grounds of appeal and will either arrange a hearing date or order preliminary hearing to decide if it may proceed to full hearing.

Claims not proceed unless legal point which has legal merit to have a full hearing.

Follow and structure incorporating hierarchy and appeal route like other Courts.

Question 54

What are the advantages of Tribunals?

Answer 54

Hearing date fixed quickly

Often only a day long

Cheaper as you needn’t legal rep unless you want it and public funding is available for a few (eg Mental Health Review Tribunal)

Less formal than courts, flexible procedures

Expert panel in employment law

Frees court time for other issues

Question 55

What are the disadvantages of Tribunals?

Answer 55

Inequality of bargaining power as no legal aid for employee but employer usually rep.

More formal than ADR since Franks Committee due to attendance of Lawyers

Difficult to control

Delays increasing despite intention to deal with cases quickly

Appeals limited to issues of law.