Disadvantages of civil courts and Appeals A03 Flashcards
What are the 4 WDPS for disadvantages of the civil courts and appeals
Inequality of bargaining power
Formal Process
Expensive
No guarantee of winning
-P1: Inequality of Bargaining power
creates unfairness for parties e.g: disparity in financial situation
-DP1: Restricts access to justice
McDonalds v Steel and Morris
+WDP1: Full appeals structure
opportunity to challenge (Steel and Morris to the ECtHR) = greater fairness
-P2: Formal and adversarial
little flexibility - courts have to adhere to the strict letter of the law, less party involvement like ADR = may dissuade parties
-DP2: Confrontational nature of the process doesn’t focus on reconciliation
detrimental for parties to remain on amicable terms
+WDP2: precedent has to be followed
more predictable + creates greater consistency promotes fairness
-P3: expensive, legal funding isn’t available in majority of cases (small claims)
depriving parties of legal aid = hindering chances of success
-DP3: Dissuades parties from taking their cases to courts
Often delays = higher legal fees
Cost of going to court can outweigh the outcome
+WDP3: Winner has their legal fees paid by the loser
satisfactory outcome - feels a sense of justice
-P4: no guarantee of winning
losing = having to pay your own and the winners legal fees = high risk low outcome
-DP4: parties may not cooperate and give lower disclosure of evidence
tactical lack of communication = no real resolution,
+WDP4: full range of legally binding remedies
courts have higher settlments than ADR
