going to court

Question 1

Pre trial procedures

Answer 1

ADR,
Pre action protocol: giving info to other party
N1 form- cc/hc
under 10,000= small claims
10,000-100,000=CC
over 100,000= CC/HC
defendant admits the claim and pays or disputes the claim in an N9 form in 14 days
Judges allocate a track

Question 2

Small claims track

Answer 2

under 10,000(1,000 PI)
District judge in County court, lawyers discouraged, cheap simple, few hours
loser does not pay costs , no legal aid, winning doesnr guarantee the claimant being paid
( if business = use of lawyers= disadvantage)

Question 3

Fast Travk

Answer 3

10,000-25,000, circuit judge, public gallery, formal, expensive, case heard inn30 weeks, one day long

Question 4

Multi track

Answer 4

25,000-50,000 in CC, over 50,000= HIGH court
strict timetable, number of witnesses, case managed, judicial review is used to see if correct procedure has been used.
KBD, commercial, admiralty , tech= contract and tort
chancery- mortgage disputes, copyright
family=children and marriage

Question 5

advantages of civil court

Answer 5

matter presided over by a judge= deal with complex issues
certain outcome= legally binding, enforceable
track system= minimises delay and appropriate, parties know length and witnesses
precedent use = lawyers advise clients on outcomes

amount of compensation appealed unlikeADR
legal funding available
no win no fee= pi
provide justice as open hearing

Question 6

disadvantage of civil courts

Answer 6

= long time to get to trial
lengthy pre trial due to allocation questionnaires and pre action protocols
under resourced courts cause delay- fast track only given priority
high costs, ordinary people= underrepresented and unequal
losing party pays= intimidated paying a powerful company who can afford expensive lawyers
no win no fee only if high chance of winning
judges following literal approach interpret law differently compared to purposive = uncertain outcome