civil courts and tribunals Flashcards
what happens when there is a dispute?
an alternative form of dispute resolution should be attempted
what are the advantages of using ADR?
- maintain a working relationship
-save themselves expenses of court costs
what are the forms of ADR?
mediation, negotiation, conciliation, arbitration
what happens when a person refuses ti use ADR or denies liability?
only way to get compensation is through a court case
what must both parties follow and under what rules?
pre-action protocol in accordance to the civil procedure rules 2010
what are some objectives of PAP?
-try to settle issues without proceedings
-consider a form of ADR to assist with settlement
what happens if one person doesn’t follow PAP?
they may be liable to costs
which rules say which court will depend upon the amount being claimed?
Civil Procedure Rules 2017 Practice Direction 7
what does the CPR 2014 PD 7 state?
proceedings may take place in the High Court if claims are OVER £100,000
inn what other circumstance may the proceedings in High Court take place?
if personal injury claim is £50,000 or more
what happens when the ADR is NOT successful`?
claimant may be advised to use Ministry of Justice’s Money Claim Online
what happens when the claimant uses the MCOL?
claimant issues a “claim form”
what does a claim form include?
-partliculars of claim
how many copies are filed and what with?
there are 3 copies filed at the court and with a fee
what does the fee depend on?
amount of money being claimed
how many choices does the defendant have?
3
what is the first choice the defendant has?
-to do nothing
- if no reply within 14 days, the claimant wins the case]
-judgement is entered against defendant in default
what is the second voice the claimant has?
admit the case - complete admission slip
what is the third choice the defendant has?
-defend the case by filing a defence within 14 days
- complete an allocation questionnaire to decide a track
what happens if defendant chooses to defend the case?
must file a defence in court
what does the court keep a record of?
record of response, case monitoring
what will the court then send to the defence?
allocation questionnaire to both parites
what does the court do when court receives questionnaires?
District Judge allocates the case to appropriate track and case manages
TRACK SYSTEM:
who is the decision made by in the County Court?
District Judge
who is the decision made by in the High Court?
Master Judge
since what acts the courts divided into three tracks?
Access to Justices Act 1999
what are the three tracks?
small claims track, fast track and multi track
SMALL CLAIMS TRACK:
where is the small claims track found within?
county court
what value do small claims track hear?
claims up to £10,000 or less unless personal injury up to £1,000
hat does the small claims track provide?
simplified and more informal system as parties generally represent themselves
what happens even if win or lose?
both parties pay their own costs as legal funding is NOT available
what can the winner do?
claim for the court fees from the losing party through application
which judge hears small claims track?
District Judge
how long does a hearing take?
no longer than 2-3 hours
what type of cases are small claims track?
consumer claims, debt recovery and repossession orders by landlords