evaluation of civil courts

Question 1

strengths and weaknesses of the civil courts

Answer 1

STRENGTHS -
- Simpler system since Woolf reforms
- Small claims court advantages
- Expertise
- Procedures in court to ensure fairness

WEAKNESSES
- still problems with the system
- small courts disadvantage
- lack of technical knowledge
- lack of flexibility

Question 2

advatange of civil courts - simpler system

Answer 2

Simpler system since Woolf reforms
- ADR is encouraged in many cases to save court time and money, there are now simplified forms and methods of bringing a case including online claims
- good for laypeople

counter-point to problems with the system

Question 3

disadvantage of civil courts - still problems with the system

Answer 3

• But still problems - The process of taking a case to court is still highly confusing and difficult and often requires the experience and knowledge of a solicitor.
• Whilst ADR is encouraged, it is not enforced by judges and cannot be required so it is not always used when it really should be.
• Despite the new civil procedure rules the civil justice system is still slow and delays do occur.

Question 4

advantage of civil courts - small claims court advantage

Answer 4

• small claims court is less formal than the main County Court and the District Judge takes an active inquisitorial role setting time limits, asking questions and helping people to present and defend their cases where appropriate.
• a solicitor is rarely required for these types of cases which saves the clients lots of money and time.

Question 5

disadvantage of civil courts - small claims court disadvantage

Answer 5

• there is evidence that the District Judges in small claims courts are not as inquisitorial and helpful as they are supposed to be.
• People also lack the knowledge or money to take cases to court especially due to cuts in legal aid.

Question 6

advantage of civil courts - expertise

Answer 6

judges sitting in County or High Court have acquired experience of the law and legal system over the years and are highly knowledgeable and effective

Question 7

disadvantage of civil courts - lack of technical knowledge

Answer 7

judges however often lack the technical knowledge behind the issue e.g. business or financial issue

the decisions by the courts can often not please either party.

counter argument to expertise

Question 8

advantage of the civil courts - procedures in court to ensure fairness

Answer 8

• civil court has the power to award the successful party a variety of remedies including compensation and parties can present their cases using a range of evidence including verbal and written.
• There is time for witnesses and expert-witnesses plus cross-examination
• Plus legal aid available

Question 9

disadvantage of the civil courts - lack of flexibility

Answer 9

• there is a lack of flexibility in the courts - the parties have little control over the court process and procedure.
• Evidence at a trial is restricted by technical rules
• Significant legal aid cuts