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LAW: SECTION A > civil courts and tribunals > Flashcards

civil courts and tribunals Flashcards

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1
Q

what happens when there is a dispute?

A

an alternative form of dispute resolution should be attempted

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2
Q

what are the advantages of using ADR?

A
  • maintain a working relationship
    -save themselves expenses of court costs
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3
Q

what are the forms of ADR?

A

mediation, negotiation, conciliation, arbitration

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4
Q

what happens when a person refuses ti use ADR or denies liability?

A

only way to get compensation is through a court case

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5
Q

what must both parties follow and under what rules?

A

pre-action protocol in accordance to the civil procedure rules 2010

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6
Q

what are some objectives of PAP?

A

-try to settle issues without proceedings
-consider a form of ADR to assist with settlement

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7
Q

what happens if one person doesn’t follow PAP?

A

they may be liable to costs

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8
Q

which rules say which court will depend upon the amount being claimed?

A

Civil Procedure Rules 2017 Practice Direction 7

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9
Q

what does the CPR 2014 PD 7 state?

A

proceedings may take place in the High Court if claims are OVER £100,000

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10
Q

inn what other circumstance may the proceedings in High Court take place?

A

if personal injury claim is £50,000 or more

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11
Q

what happens when the ADR is NOT successful`?

A

claimant may be advised to use Ministry of Justice’s Money Claim Online

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12
Q

what happens when the claimant uses the MCOL?

A

claimant issues a “claim form”

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13
Q

what does a claim form include?

A

-partliculars of claim

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14
Q

how many copies are filed and what with?

A

there are 3 copies filed at the court and with a fee

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15
Q

what does the fee depend on?

A

amount of money being claimed

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16
Q

how many choices does the defendant have?

A

3

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17
Q

what is the first choice the defendant has?

A

-to do nothing
- if no reply within 14 days, the claimant wins the case]
-judgement is entered against defendant in default

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18
Q

what is the second voice the claimant has?

A

admit the case - complete admission slip

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19
Q

what is the third choice the defendant has?

A

-defend the case by filing a defence within 14 days
- complete an allocation questionnaire to decide a track

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20
Q

what happens if defendant chooses to defend the case?

A

must file a defence in court

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21
Q

what does the court keep a record of?

A

record of response, case monitoring

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21
Q

what will the court then send to the defence?

A

allocation questionnaire to both parites

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22
Q

what does the court do when court receives questionnaires?

A

District Judge allocates the case to appropriate track and case manages

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23
Q

TRACK SYSTEM:

A
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24
Q

who is the decision made by in the County Court?

A

District Judge

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25
Q

who is the decision made by in the High Court?

A

Master Judge

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26
Q

since what acts the courts divided into three tracks?

A

Access to Justices Act 1999

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27
Q

what are the three tracks?

A

small claims track, fast track and multi track

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28
Q

SMALL CLAIMS TRACK:
where is the small claims track found within?

A

county court

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29
Q

what value do small claims track hear?

A

claims up to £10,000 or less unless personal injury up to £1,000

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30
Q

hat does the small claims track provide?

A

simplified and more informal system as parties generally represent themselves

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31
Q

what happens even if win or lose?

A

both parties pay their own costs as legal funding is NOT available

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32
Q

what can the winner do?

A

claim for the court fees from the losing party through application

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33
Q

which judge hears small claims track?

A

District Judge

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34
Q

how long does a hearing take?

A

no longer than 2-3 hours

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35
Q

what type of cases are small claims track?

A

consumer claims, debt recovery and repossession orders by landlords

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36
Q

FAST TRACK:
where is fast track claims found within?

A

County Court

37
Q

what value do fast track claims apply to?

A

claims between £10,000 and £25,000

38
Q

how many weeks does the case need to be heard within?

A

with 30 weeks of applying

39
Q

how long does a rial last?

A

no longer than a day as the case if managed by a relevant judge

40
Q

which level of cases are fast track?

A

moderately complex cases

41
Q

what judges hear fast track claims?

A

heard by a District Judge, or Circuit Judge if between £15,000 - £25,000

42
Q

when is legal funding only available in fast track?

A

if raises a human rights issue

43
Q

what type of cases are fast track?

A

contact, consumer and personal injury

44
Q

MULTI TRACK:
which court is multi track found within?

A

High Court AND County Court

45
Q

what value are multi track claims heard at?

A

claims over £25,000

46
Q

what level are the cases heard?

A

complex cases

47
Q

which cases are heard in multi track?

A

corporate disputes, medical negligence and serious personal injury

48
Q

which Judge hears the cases?

A

Circuit Judge AND Hight Court Judge

49
Q

what must be attempted first before a hearing takes place?

A

form of ADR

50
Q

is the case managed? how long is the length of trial usually set?

A

the case IS managed and length of trial is around 30 days

51
Q

when is legal funding available?

A

if it involves human rights issues

52
Q

COUNTY COURT JURISDICTION:
what matters do the county court deal with?

A

civil matters

53
Q

which cases does the County Court deal with?

A

contact and tort cases and recovery of land

54
Q

which more cases does the County Court deal with?

A

bankruptcy and insolvency matters and cases relating to wills where value of fund doesn’t exceed £30,000

55
Q

what tracks does the County Court hear?

A

Small claims track , fast track and multi track (only if under £100,000)

56
Q

what are the two types of judges that sit in the County Court?

A

Circuit judges and District Judges

57
Q

what are Circuit Judges appointed to?

A

one of seven regions in England and Wales

58
Q

where does the County Court sit within?

A

their particular region

59
Q

what track and value do Circuit Judges generally hear?

A

fast track from £15,000 and multi track up to £100,000

60
Q

which cases do the District judge deal with?

A

majority of cases with the County Court

61
Q

what type of track cases does the District Judge listen to?

A

small claims track and fast track up to £15,000

62
Q

HIGH COURT JURISDICTION:
how high is the High Court?

A

third highest court in the UK

63
Q

what cases does the High Court listen to?

A

civil cases and appeals of decisions admen lower courts

64
Q

how many judges are usually hear cases in the High Court?

A

one single judge

65
Q

what are the three divisions that the High Court is split into?

A

Kings Bench Division, Family Division, Chancery Division

66
Q

KBD:
largest division, but what claims are herd by the KBD?

A

tort and contract claims over £100,000 and personal injury up to £50,000

67
Q

what instance is the KBD and which court?

A

Court of 1st instance and is an appellate court

68
Q

what does the KBD hear applicants for?

A

judicial review

69
Q

what does it mean to hear applicants on judicial review?

A

court considers if the Local Authority or MPs have exceeded their powers

70
Q

where does the KBD hear appeals from and who’s decision?

A

hears appeals from the County Court and decision made by Circuit Judge

71
Q

KBD has criminal jurisdiction, what ones this mean?

A

the KBD hear cases appeals made by the Magistrates Court and Crown Court

72
Q

who are the cases presided by?

A

President of the KBD

73
Q

FAMILY DIVISION:
which act does the Family Division deal with all cases relating to children?

A

Children’s Act 1989

74
Q

what does the division use that is the only one that uses it?

A

only division that uses warship

75
Q

what cases does Family Division involve of?

A

probate, divorce and medical treatments

76
Q

what act does the division use medical treatments under?

A

Family Law Act 1996

77
Q

who is the family division over seen by?

A

Precedent of the Family Division and 20 judges

78
Q

what do the judges in the family division also hear?

A

also hear appeals from the Family Court

79
Q

CHANCERY DIVISION:
what cases does the Chancery Division deal with?

A

a variety of civil work

80
Q

what does the civil work involve?

A

specialist work involving companies, business, trade and industry dispute

81
Q

APPEALS:
what affects the appeal route that should be used?

A

the track and level of judge who heard the case

82
Q

who can an appeal be made by?

A

Claimant or Defendant

83
Q

what are the reason for appeal?

A
  • error of law
  • error of fact
  • procedural unfairness
84
Q

APPEALS FROM COUNTY COURT:
what if a case is heard by a District Judge?

A

the appeal is to the Circuit Judge in the County Court

85
Q

when can a second appeal be made to the Court of Appeal?

A

only if it raises an importance of law

86
Q

when can an appeal to the Supreme Court be made?

A

if it leads to a change in the law

87
Q

what happens if the case is heard by a Circuit Judge?

A

then appeal is made to the High Court by a High Court Judge

88
Q

APPEALS: HIGH COURT
where does the appeal from a High Court go to?

A

Court of Appeal (CIVIL DIVISION)

89
Q

what is the ‘leap frog’ process?

A

a process of appeal from the high court straight the to supreme court

90
Q

when can the ‘leap frog’ process be used?

A

when it relates to an important area of law or Court of Appeal is bound by one of their past decisions

91
Q

what is an example for a case that used the leap frog process?

A

Radmacker V Garantino (2010)

LAW: SECTION A (9 decks)

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