English Legal System Flashcards
What are the 2 outcomes of English Law
Guilty
Not Guilty
Who is the defendant
Is the individual being sued by the claimant
Who is the claimant
The individual seeking justice through monetary or non monetary compensation from the defendant
Why should court cases be a last resort
It can be very expensive and even further expensive if you lose the case and end up paying the opposite party’s fees
Mundane matters can be solved through mere negotiation
How do you name a civil case
Name of Defendant v. Name of Claimant
What are the things courts can award
COMPENSATION to damages
INJUNCTION where the court orders the defendant to do something or stop doing something
What If Negotiation Fails
If the other party does not respond to claim despite many attempts it time to take legal action
In this case a solicitor will send a letter to the opposite party outlining the claim
This action is usually enough to lead to some form of bargaining where then an agreement is reached
If this action proves useless the final push is to go to court
Lawyers
Anybody working in law
Solicitors
People in law who are involved with civil cases and administrative maths
Barrister
Someone who represents individuals in court
County Court
Lowest court of the civil system. Mostly where civil disputes begin
High Court
Where larger more complex lawyer claims begin
How many CCs are there around the country
200 County Courts around the country
What types of cases does the CC deal with
Contract and Tort Cases
Recover of Land Cases (Evictions)
Disputes over partnerships trusts and inheritance up to £350K
What are Tort Cases
Where someone is wronged but not in a criminal manner
Where are CC cases heard
They are heard in public by Circuit judges. In some cases a jury of 8 can sit with the judge if it’s a case of defamation, torts of malicious persecution or false imprisonment
Who can represent the claimant and defendant in court
Solicitor or Barrister
Small Claim
Relatively small amount of money sorted usually within a day in the County Court
Fast Track Claims
Slightly Larger amounts of money usually in the County Court
Multi-Track Claims
Large amounts of money usually quite complex and are held in the High Court
Circuit Judge
Lowest form of Judge usually placed in a county court
What are the 3 Divisions of the High Court
Queen’s Bench
Chancery
Family
Queen’s Bench
Over 70 Judges
Deals with contract and tort cases over £100K claims
A single judge presides and occasionally there can be a Jury of 12 in cases of fraud libel slander and malicious persecution or false imprisonment
Chancery Division
Consists of 18 Judges
Deals with insolvency cases enforcement of mortgages copyright and patent cases intellect property rights
A single judge presides
Family Division
19 Judges
Deals with family cases where there might be disputes about which country’s laws apply for family matters under The Hague Convention
Also deals with applications for Habeus corpus where a child’s liberty is involved
Appeal
When a decision is made in the lower courts where that decision can be reversed in the higher courts
Hierarchy of Courts
Supreme Court
Court of Appeal
High Court
County Court
Are appeals automatic
Appeals are not automatic therefore there needs to be a valid reason before an appeal is heard
What is the one condition where Criminal Appeals end up in the Queen’s Bench
When a point of law has been overlooked or got wrong
Commercial Court
Has specialist judges that deal with insurance banking and other commercial matters
Admiralty Court
Deals with disputes at sea
Cases Dealt by family division
Decrees relating to divorces
Adoption
Aspects of Domestic Violence
Financial Support of a child after the fall of a relationship or divorce
Probate
Where a person dies and does not leave a will therefore requiring the aid of the legal system to fairly divide the deceased assets amongst the family
IPEC
Intellectual Property Enterprise Courts
How to start a court case
In the first instance pre action protocol must be followed:
A letter is sent out detailing the claim which the defendant has 3 months to respond to
In an ideal situation of evidence is needed a legal expert should be agreed upon by both parties to look at evidence
If these conditions are not met by the opposite party then the only option is to go to court
Which Courts to use
For claims under £100K the case will start in the CC. If the outcome is not satisfactory an appeal will be issued to the High Court. An exception are personal injury cases over £50K and defamation of character cases where these would go straight to the HC. The High Court is where the large more complex cases are dealt with over £100K.
How are claim costs figured out
It is dependant on the size of the claim. At the lowest is £35 and highest in the CC is £455. For claims over £200K the fee is £10K
Which court to issue a claim to
If you are claiming in the CC you can choose from 200 CCs in the country. If you are going to the high court you either file it at one of the 20 District Registries or at the HC directly in London
What are the things a defendant can do when they receive a claim
They can:
Admit the claim and settle
Send an acknowledgment of service form (N9) within 14 days and his defence within an extra 14 days
Ignore. This is called a default and in this case the claimant can ask the court to order the defendant to pay the claim and costs
Small Track
Disputes under £10K
Fast Track
Disputes between £10K - £25K
Multi Track
For cases over £25K
Advantages of small claims
Low Costs
You can take the case yourself
Procedure is quick
Disadvantages of small claims
There is no legal aid
Only 60% of claimants actually receive all the money awarded
If the other side is a business they are more likely to use a lawyer
When are Fast and Multi track cases heard
Within 30 weeks
How long do Multi Track cases last
Often longer than 1 day
House of Lords
Used to be the highest court
Supreme Court
The highest court in the England
What were the highest judges called
The Law Lords however are referred to as the Supreme Court Justices
Civil Division Court Hierarchy
Supreme Court
Court of Appeal
High Court
County Courts
Criminal Division
Supreme Court
High Court
Crown Counts
Magistrates Court
The Woolf Reforms
Lord Wolfe wrote a report called ‘Access to Justice’ in 1996. Woolf argued that the civil courts were not delivering justice in a fair or accessible way
Lord Woolfe’s proposals
Extending small claims up to £3000
A fast track for straightforward cases of moderate value
A multi-track for cases of £10,000
Encouraging the use of alternative dispute resolution
Giving Judges more of a responsibility for managing cases
Simplifying documents and proceedings
Successes of Lord Woolfe’s proposals
Cooperation between parties is improving
Increased rate of settlement in cases
Less Delay
Judges now more active in cases
More emphasis on keeping costs proportionate
What has yet to be achieved or Lord Woolf’s Proposals
Costs are still relatively high
Further Reforms
Level of personal injuries claims likely to rise from £1K-£5K
Change in the civil procedure rules
Lord Briggs 2018 proposals
Setting up out of hours mediation service in the CC
Setting up online court
Appeals in Civil Cases
If the case was heard by a District Judge in the CC then the level of Judge would go up to Circuit Judge. If an appeal is then issued after that the case would move up to the High Court then,Court of Appeal and then ultimately the Supreme Court
Second Appeals
Only granted to the Court of Appeal or if very important case it takes a leap frog into the Supreme Court
Advantages of using courts
The process is fair where everyone is treated alike
The trial is conducted by a legal expert with decision made by a qualified lawyer
It is possible to get legal aid
Disadvantages of using courts
Costs-the cost of filing a claim and the court process is costly
Delay-there a preliminary stages to go through that add to the length of the case. Claims may take up to 30 weeks to merely look at the case
Uncertainty-there is no guarantee of winning a case
Precedent
Decision taken on a case in the Higher courts that when a similar case appears in the lower courts they must follow that decision
ADR
Alternative Dispute Resolution
Litigation
Pursuing a legal case
Inquisitorial Questions
Questioning in a harsh and intensive manner
Levels of ADR
Negotiation
Mediation
Conciliation
Arbitration
Tribunals
Litigation
Negotiation
Parties themselves
Mediation
Parties with the help of 3rd parties
Conciliation
Parties with the help of a neutral 3rd party who actively suggests solutions
Arbitration
Parties agree to let 3rd party make a binding decision
Tribunals
Parties go to a tribunal where a panel of independent people make the decision for them
Litigation
Parties go to court and judge decides the case
MIAM
Mediation Information and Assessment Meeting normally used in family cases
ACAS
Advisory Conciliation and Arbitration Service for disputes between employers and employees
Pros of Negotiation
It can be conducted by the parties themselves
Cheapest method of resolving a dispute
Can include agreement in future business deals
Cons of Negotiation
It may not be successful
Not suitable for antagonistic parties
Prolong issue as there may need to be repeated attempts
Pros of Mediation and Conciliation
Parties are in control can withdraw at any point
Based in business common sense
Makes it easier for companies to do business in the future
Cons of Mediation and Conciliation
No guarantee the matter will be resolved meaning you may have to go to court
Requires skilled mediators or conciliators
Arbitrator and the hearing itself
Depending on what is agreed there may be 1-3 arbitrators. The method of choosing an arbitrator is up to the 2 parties. If dispute involves a point of law a lawyer may be appointed. Hearings can either be in paper where the arbitrator reads everything and then comes to a conclusion or a face to face meeting. Witnesses can also be called. The arbitrators final decision can be legally binding
When were tribunals first established
In the second half of the 20th century
What was the reason for tribunals
As a means to enforce people’s social rights - sex/age/race/discrimination/unfair dismissal
Are tribunals a part of the court structure
They reside alongside the court structure but are not a part of it
Are tribunals formal
They are not as formal as courts
Tribunal Structure
Courts and Enforcement Act of 2007 reformed the old tribunal system and created a 2 tier system
First Tier Tribunal
Handles 600k cases a year. Nearly 200 judges and 3600 lay members.
Different divisions known as chambers
What are the different tribunal divisions
Social Entitlement Chamber
Health Education Social Care Chamber
War pensions and armed forces compensation chamber
General Regulatory chamber
Taxation chamber
Land property and housing chamber
Asylum and immigration chamber
Upper Tribunal
Hears appeals from the first tier tribunal
4 chambers
There is a further appeal route to the court of appeal and from there to the Supreme Court
Procedures at tribunals
Usually presided by one judge. They may be assisted by some non lawyer who are experts in their fields depending on the type of tribunal.
Formality depends in tribunal but both sides are given an opportunity to have their say
Pros of tribunals
Cheaper
Quick hearings
Informal
Expertise
Cons of tribunals
Lack of funding
More formal than ADR
Delay
What does ODR stand for
Online dispute resolution
What is ODR
Is a method of resolution where technology is used in low value civil cases as going to a traditional court can be very expensive for most people
CPS
Crown Prosecution Service
PACE
The Police and Criminal Evidence Act 1984
What were the PACE codes of practice
Stop and Search
Arrest
Detention
Investigation
Identification
Interviewing detainees
What are the classes of offences
Summary
Triable-either-way
Indictable Offences
Summary
Least Serious eg driving offences,common assault,minor criminal damage.
Always held in the Magistrates Court
Triable-either-way
Middle ranged crimes eg theft,assault causing actual bodily harm
Held in either Magistrates Court or in the Crown Court
Indictable
Most serious and always tried eg Murder,Manslaughter,Rape
Always held in the Crown Court and upwards
What are the 2 questions the CPS must ask before charging someone
Is there strong enough evidence and realistic prospect of communication?
Is bringing the case to court in the public interest?-Seriousness,culpability etc
Preparing the Case
Once the defendant has been charged a team is then assigned the case. They are also encouraged to make a Victim Personal Statement
What does the Victim Personal Statement include
Has the suspect been charged or not
Be informed of the time,date and location of hearing
Be informed of any outcome of the hearing
What to expect if victim is giving evidence
Support from the witness care unit
Have a court familiarisation unit
Enter and exit court from different entrance and sit in a separate waiting area
Meet and discuss the case with the CPS prosecutor
Prosecution
The institution and conducting of legal proceedings against someone in respect if a criminal charge
Who presents the case in the Magistrates Court
The prosecution case is presented by a CPS lawyer who acts as Crown Prosecutor. It can also be put by specially trained lay people who act as Associate Prosecutors
Who presents the case in a Crown Court
The case is presented by a Crown Prosecutor with an appropriate advocacy qualification or by an agent and independent barrister and solicitor
Advantages of trial in court
More likely to be acquired during a crown court trial
More likely to receive legal aid if you’re poor and sent to the Crown Court