Civil Courts, Appeals and ADR

Question 1

Which type of judges sit in the County Court?

Answer 1

Circuit and district

Question 2

Name the 3 divisions of the County Court

Answer 2

1. Kings bench division
2. Family division
3. Chancery division

Question 3

In which division of the High Court is it possible for a jury to try certain types of case?

Answer 3

Kings bench

Question 4

How many members would a High Court jury have?

Answer 4

12

Question 5

How many members does a County Court jury have?

Answer 5

8

Question 6

What does jurisdiction mean?

Answer 6

The authority to make legal decisions and judgement

Question 7

What is the name for a civil claim form?

Answer 7

N1 form

Question 8

Name the 3 tracks that a civil case can be placed on

Answer 8

1. Small claims track
2. Fast track
3. Multi track

Question 9

What disputes do the chancery division relate to?

Answer 9

Business, property or land where over £100,000 is in issue

Question 10

What types of cases does the family division hear?

Answer 10

1. Cases relating to children’s welfare
2. Appeals from lower courts and complicated family cases transferred from County Court
3. Cases with a foreign element e.g. international child abduction

Question 11

Which is the largest of the 3 divisions of the High Court?

Answer 11

Kings bench

Question 12

What types of cases does the Kings bench division hear?

Answer 12

1. Contract & tort claims worth over £100,000 in value
2. Smaller claims where a complicated issue of law is involved

Question 13

What are the stages of a civil claim?

Answer 13

Proceedings begin when the claimant issues an N1 form (claim form). Claimant will have to pay a fee to issue the claim form, the amount of which depends on the value and nature of the claim. When the defendant is issued with court proceedings they have to indicate whether they intend to accept or defend the claim which must be done within time limits. Defend-they just serve a defence, failure to serve a defence will mean the claimant wins the case by default. Admit-pay full amount claimed and case ends.

Question 14

What is meant by ‘small claims track’?

Answer 14

Up to £10,000 claim value, heard in County Court by a District Judge. Judge guides the process, there are no lawyers, less legal argument and costs won’t be awarded.

Question 15

What is meant by ‘fast track’?

Answer 15

Up to £25,000 claim value, heard in the County Court by a Circuit Judge. Normally one expert witness allowed and if parties can’t agree court has power to appoint one. Legal representatives involved and hearing limited to one day.

Question 16

What is meant by ‘multi-track’?

Answer 16

£25,000 and over claim value. Each case heard by judge who will be expected to manage case from the time it is allocated to this route. Multi track is for the most complicated cases and there is not the restrictions on witnesses and court time that there is or fast track.

Question 17

What is meant by ‘civil claims’?

Answer 17

When an individual or a business believes that their rights have been infringed in some way

Question 18

What is the role of tribunals?

Answer 18

To enforce rights which have been granted through social or welfare legislation

Question 19

What is the piece of legislation that created employment tribunals?

Answer 19

Industrial Training Act 1964

Question 20

Who is the case heard by in an employment tribunal?

Answer 20

A tribunal judge and 2 non-lawyers (one from employers organisation and the other from the employees)

Question 21

Are employment tribunals formal and is the decision binding?

Answer 21

They are formal and the decision is binding

Question 22

If a case was originally heard by a District Judge, which judge will hear the appeal?

Answer 22

Circuit judge in the same court

Question 23

If an original case was heard by a Circuit Judge, which judge will hear the appeal?

Answer 23

High Court Judge

Question 24

Where will a second appeal be to?

Answer 24

Court of Appeal (Civil Division)

Question 25

What are the exceptional circumstances where a second/further appeal will be allowed?

Answer 25

As set out in S55 Access to Justice Act 1999: no appeal may be made … unless the Court of Appeal considers that:
a) the appeal would raise an important point of principle or
b) there is some other compelling reason for the Court of Appeal to hear it

Question 26

Explain the route of appeal from the High Court

Answer 26

Normally appeals go to the Court of Appeal (Civil Division). In rare cases there may be a ‘leap frog’ appeal which goes directly to the Supreme Court-must involve a point of law of general public importance or raise issues or sufficient importance to warrant the leapfrog.

Question 27

Advantages of civil courts

Answer 27

Result is binding, legal expertise, consistency of decisions, can be appealed, decision can be enforced

Question 28

Disadvantages of the civil courts

Answer 28

Expensive, time consuming, could ruin relationships, formal and adversarial (people speak on your behalf)- can be intimidating, public hearing-can cause has publicity for companies.

Question 29

What is meant by ADR?

Answer 29

Alternative dispute resolution means any method of settling a dispute that doesn’t involve litigation (using the courts).

Question 30

Why is ADR good for companies?

Answer 30

It is private so it avoids bad publicity

Question 31

Describe negotiation as a form of ADR

Answer 31

Direct communication between the two parties with no third party involved, the least formal type of ADR.

Question 32

Describe mediation as a form of ADR

Answer 32

A neutral third party as a messenger, mediator will consult with each party and try to find common ground-doesn’t normally give their opinion.

Question 33

Describe conciliation as a form of ADR

Answer 33

Neutral third party plays an active role-gives their opinion, suggest grounds for compromise and possible basis for settlement, ACAS (advisory, conciliation and arbitration service) can do this in industrial disputes.

Question 34

Describe arbitration as a form of ADR

Answer 34

Parties agree to submit claim to private arbitration, judgement of third party-binding decision can be enforced by courts (‘award’), governed by arbitration act 1996, agreement to arbitrate can be made at any time even before a dispute arises-Scott v Avery clause, initial agreement will name an arbitrator or a method for choose one-no agreement means courts will choose, legal representation isn’t always necessary, parties have control over dates etc, arbitrator needs experience (ACAS- advisory, conciliation and arbitration service)

Question 35

What would be involved in an agreement for arbitration?

Answer 35

Parties agree on a number of arbitrators and the method they will be appointed by-if they can’t decide then there will only be 1, there may be a Scott v Avery clause, parties decide on procedure that will be used-paper or in person

Question 36

Advantages of negotiation

Answer 36

Quick, free, parties in control, can be informal, maintains relationships

Question 37

Disadvantages of negotiation

Answer 37

If use of solicitors it creates costs, offers exchanged and often not agreed until court-wastes time and money, people think they could get more from court

Question 38

Advantages of mediation

Answer 38

Quick, cheap, parties have control, doesn’t require lawyers, lack of formality

Question 39

Disadvantages of mediation

Answer 39

May not lead to settlement-waste if time, decision isn’t binding, lack of legal expertise, one party may dominate and bully one other party to agree

Question 40

Advantages of conciliation

Answer 40

Conciliator is normally in expert in disputed field, private-no risk to reputation, flexible time and date to suit parties, suitable if parties are entrenched (parties are refusing to move on what they want), proactive element-third party gives their opinion

Question 41

Disadvantages of conciliation

Answer 41

Not legally binding, no guaranteed decision, no appeals, no legal aid

Question 42

Advantages of arbitration

Answer 42

Decision is binding, opportunity for expertise, privacy, convenience, cost saving to the state

Question 43

Disadvantages of arbitration

Answer 43

Can be formal, not suitable if dispute is over a point of law, lack of awareness/popularity, inconsistencies in decisions

Question 44

Describe mediation and conciliation (8)

Answer 44

Mediation is when a neutral third party acts as a messenger and consults with both parties to try and reach a compromise. The mediator doesn’t normally give their opinion unless they have been asked to and will help the parties to reach a settlement for themselves. Mediation is client led so it will only work if there is some hope of co-operation and the dispute being resolved depends on both parties actively participating in the process.

Conciliation is where a neutral third party helps to resolve a dispute, with the conciliator playing an active role in suggesting grounds for compromise and a possible basis for settlement. The conciliator will discuss the issues with both parties and try to find a resolution that both parties agree to. With conciliation, ACAS may provide their services to try to encourage parties to reach a settlement before the only resolution left is to take the dispute to court. The conciliator will offer the parties a non-binding decision on how the parties should settle the dispute.