Civil courts & other forms of ADR Flashcards
(Section A)
Describe the jurisdiction of the County Court
Describe the jurisdiction of High court (+ each division)
Explain the pre-trial procedure for triable either way offences.
Plea before venue:
* a pre-trial hearing in the Magistrates Court
* defendant asked whether they plead guilty or not guilty to
the offence
* If the defendant pleads guilty the case will proceed to a
sentencing hearing
* The magistrates retain the option of sending the
defendant to the Crown Court for sentencing
* If the defendant pleads not guilty the magistrates will
carry out mode of trial proceedings
Mode of trial:
* Magistrates will decide on the most appropriate court to
try the case
* When deciding the magistrates will consider:
o their own powers of sentencing
o recommendations made by the prosecutor
o the seriousness of the offence
o the defendant’s previous convictions
Defendant’s election:
* If the magistrates accept summary jurisdiction the
defendant is given the choice of court.
Describe the track system
Small claims court:
- heard in country court by a district judge
- district judge should be inquisitorial
- strict time allowed between 2-3 hours max
- Contract and tort cases up to £10,000
Fast track cases:
Heard in county court usually before a circuit judge
- time of 1 day allowed
- Cases should be heard within 30 weeks of allocation
- Cases between £10,000-£25,000
Multi Track Cases:
-Hears cases over £25,000
-Starts in the county court before a circuit judge
- Will be sent to the high court if case has complex points or exceeds £50,000
- A strict timetable will be used, i.e what must be disclosed
Describe the route of appeal available in civil cases.
Grounds/reasons to appeal
* error of law
* error of fact
* procedural unfairness.
Three track appeals
* If first heard by a District Judge appeal heard by a Circuit
Judge sitting in the County Court. If matter first heard by
a Circuit Judge the appeal will be heard by a High Court
Judge in the High Court
High Court Appeal to the Court of Appeal (Civil Division)
* Permission/Leave to appeal required.
* Appellant’s Notice must be submitted within 21 days of
the decision.
* ‘Leapfrog’ appeal directly to the UKSC (United Kingdom
Supreme Court). Appeal must involve an issue of
national importance or raises issues of sufficient
importance to warrant the leapfrog
Appeal from the Court of Appeal to the UKSC
* Matter must be of national importance
* UKSC must give permission/leave
Describe the structure of the civil courts. [8]
Two courts of first instance - County Court and High Court
County deals with vast majority of cases
County can be found in most cities
County deals with cases up to £100,000
High Court sits in Royal Courts of Justice in London but does have judges sitting at 26 towns and cities throughout England Wales
High Court deals with £100,000+ or complicated cases that are £50,000+
Three appellate courts: High Court, CoA, UKSC
HC (least senior) hears appeals from County Court
CoA hears appeals from County Court and High Court
UKSC (most senior) hears appeals from Court of Appeal (and, less often, High Court)
Advantages of ADR - (12)
in pink book
ADR - Negotiation
Negotiation - A discussion involving how a legal matter will be solved.
Advantages:
-it can be by straightforward contact between the parties
- Low or no cost - no need for lawyers
- The parties themselves are in control
- Relationships between the parties are preserved
- Continued business relationship
Disadvantages:
- One of the parties may not be prepared to negotiate with the other
- One of the parties may be hostile towards the other
- Either party may believe they are ‘right’ and not prepared to settle
- Court proceedings may be the only way to resolve the dispute
ADR- Mediation (and disadvantages / advantages)
Mediation is when a neutral 3rd party (mediator) becomes involved and they will consult with each party to try establish a solution.
Advantages:
-Cheaper than taking a court case
- The parties have some control over the process
- Future business and personal relationships can be maintained
Disadvantages:
-One of the parties may be unwilling to take part in the process
- The parties may be unwilling or able to reach a settlement
- The result may not be binding on one or both parties
ADR - Conciliation
Conciliation= almost identical to mediation but the neutral 3rd party (conciliator) will play an active role to resolve the dispute
Advantages:
- Cheaper than a court case
- The parties have some control choosing the conciliator and the process
- Future business relationship can be preserved
Disadvantages:
- The conciliator may force a resolution on one or both of the parties
- The process may not bring about a resolution
- The result may not be binding on one or both parties
ADR - Arbritration
Employment tribunal process
Employment tribunals are specialist courts dealing with disputes that lie outside of the civil court system.
● A person seeking to bring a claim must do so within 3 months of employment ending or the incident or dispute arising.
● Before formal proceedings can be commenced, it is first necessary to contact the Advisory Conciliation and Arbitration Service (ACAS) and take part in a process known as early conciliation.
● This is a free conciliation service aiming to try to settle without having to proceed to a tribunal hearing.
● Claims are started by completing an ET1 form outlining the claim.
● No fee for bringing the case (unlike in civil courts)
● The respondent has 28 days to complete the ET3 response form.
● Hearing is less formal than civil courts - not heard in a traditional courtroom and no
wigs or gowns.
● Case usually heard by a panel of three: judge plus representative from employers’
organisation and representative from employees’ organisation.
● In successful cases, ETs will make an award of compensation.
● Loser will not normally have to pay the winner’s costs (unlike in civil courts).
Explain how civil cases are allocated to the appropriate track
-Claimant completes and submits form N1
-Defendant has 14 days to accept or defend claim
- Allocation questionnaire must be completed
-Cases are allocated to the appropriate track by value or complexity
- Small claims Claims up to £10,000 £1,500 for personal injury
-Fast Track £10,000 to £25,000 £1,500 to £25,000 for personal Injury
-Intermediate Track Where the trial is likely to last no longer than 3 days and where oral expert evidence will be limited to 2 experts per party
-Straightforward claims between £25,000 and £100,000 -Multi-track Other claims of £25,000+
