Civil Courts Evaluation (SA P1)

Question 1

P1

Answer 1

• Enforcement
• Adversarial

Question 2

P2

Answer 2

• Small claims cases
• Costs

Question 3

P3

Answer 3

• Fair
• Uncertainty

Question 4

P4

Answer 4

• Expert
• Technical expertise

Question 5

Enforcement P1

Answer 5

• Legally binding decision made
• Enforced through the courts
• Both parties guaranteed the dispute will be resolved, not at liberty to walk away during
• Failed attempt at mediation or conciliation may result in additional costs/delay if the matter has to then go to court

Question 6

Adversarial P1

Answer 6

• Winner and loser, winner takes all
• No compromise as there might be in other ADR
• Personal and business relationships destroyed
• Formal, can be intimidating to some individuals

Question 7

Small claims P2

Answer 7

• Do not require a lawyer, cheaper option
• If you lose, will not have to pay the other persons legal costs
• District judge will help both parties but in particular those unrepresented to explain their case
• Digital portal now exists to deal with personal injury claims arising from road traffic accidents

Question 8

Costs P2

Answer 8

• Due to formality, suggested that parties seek legal advice
• Costs may exceed the amount claimed (court fees, lawyers £250-£500 per hour)
• May have to pay other sides costs
• Commercial case for 2 days in the High Court would cost £750,000-£100,000 whereas mediating would cost £5000
• Since 2013, winners can only claim costs that are ‘proportionate’ to the value of the claim

Question 9

Fair P3

Answer 9

• Judge is impartial, everyone is treated alike
• Judge controls all proceedings
• Allocation questionnaire ensures case is allocated to correct track
• Case management takes place where a strict timetable as to length of hearing, number of witnesses is set
• Minimises delay in case being heard

Question 10

Uncertainty P3

Answer 10

• For both sides as to outcome and costs they may face
• Even when successful, no guarantee the D will pay the claimant
• May mean claimant has to take enforcement action
• Adds to cost, claimant may feel its not worth the extra expense

Question 11

Expert P4

Answer 11

• Decision made by legally qualified judge who is expert on the law with experience of similar cases
• Appropriate in cases where there are complex legal issues involved
• Results in a competent legal decision

Question 12

Technical expertise P4

Answer 12

• Judges are not technical experts, are legal experts
• May be necessary to bring an expert witness to court causing further delays