Civil Courts And Other Forms Of Dispute Resolution Flashcards
Q: What are the two main civil courts in England and Wales?
A: The County Court and the High Court.
Q: What types of cases does the County Court hear?
A: Contract, tort, property, personal injury (under £100,000), and family law cases.
Q: What are the three divisions of the High Court?
A: Queen’s Bench Division (QBD) – contract/tort cases, judicial review.
Chancery Division – equity, trusts, probate, insolvency.
Family Division – divorce, child custody, international family matters.
Q: What is the civil court hierarchy for appeals?
A: County Court → High Court → Court of Appeal (Civil Division) → Supreme Court.
Q: What are the three civil court tracks, and how are they assigned?
A:
Small Claims Track: disputes up to £10,000 (£1,000 for personal injury).
Fast Track: cases between £10,000 - £25,000.
Multi-Track: cases over £25,000 or complex legal issues.
Q: What is the purpose of pre-trial protocols in civil cases?
A: They encourage early settlement, set out procedural steps, and aim to avoid unnecessary court cases.
Q: What is a ‘Part 36 Offer’?
A: A settlement offer made before trial that, if refused, can have cost consequences if the offer was reasonable.
Q: What are the four main types of ADR?
A: Negotiation, mediation, conciliation, arbitration
Q: How does negotiation work in civil disputes?
A: The parties communicate directly (or through solicitors) to reach a voluntary settlement.
Q: What is mediation?
A: A neutral third party (mediator) helps the parties reach an agreement, but they do not impose a decision.
Q: What is conciliation, and how does it differ from mediation?
A: Conciliation is similar to mediation, but the conciliator can suggest solutions to the dispute.
Q: What is arbitration, and how is it different from other ADR methods?
A: A private judge (arbitrator) makes a legally binding decision. It is more formal than mediation but avoids court.
Q: What legislation governs arbitration?
A: The Arbitration Act 1996.
Q: What are the main advantages of ADR over litigation?
A:
Cheaper than court.
Quicker resolution.
Confidential (unlike public court cases).
Less adversarial, preserving relationships.
Flexible process.
Q: What are the disadvantages of ADR?
Not always legally binding (except arbitration).
No guaranteed resolution.
Unequal bargaining power in informal settings.
Lack of public precedent.
Q: What are tribunals, and how do they differ from courts?
A: Tribunals are specialist judicial bodies that resolve disputes in specific areas of law (e.g., employment, immigration, social security).
Q: What are the two types of tribunals in the UK?
A:
First-Tier Tribunal – hears cases first.
Upper Tribunal – handles appeals from First-Tier.
Q: What are the advantages of tribunals?
A:
Cheaper & quicker than courts.
Expert adjudicators in specialist areas.
Less formal than court trials.
Q: What are the main sources of funding for civil cases?
A:
Private funding (paying a solicitor directly).
Conditional Fee Agreements (CFAs) (no win, no fee).
Legal aid (very limited for civil cases).
Legal expenses insurance.
Q: What is Qualified One-Way Costs Shifting (QOCS)?
A: In personal injury cases, claimants don’t pay defendant’s costs if they lose (unless dishonest).
