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AS Law > LA1: Civil Process > Flashcards

LA1: Civil Process Flashcards

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1
Q

When were The Civil Procedure Rules made?

A

1998

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2
Q

Why was the Civil Procedure Rules 1998 made?

A

to ensure cases were dealt with justly

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3
Q

When was the Access to Justice Act made?

A

1999

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4
Q

Which two pieces of legislation were made in response to the Woolf Report?

A

Civil Procedure Rules 1998

Access to Justice Act 1999

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5
Q

What was the Woolf Report?

A

a report criticizing the justice system for its long delays and expensive costs.

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6
Q

When was the Access to Justice: Final Report made?

A

1996

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7
Q

What was the Access to Justice: Final Report 1996?

A

a report which concluded the key flaws of the civil justice system for being expensive, complex, unjust, adversarial and having delays.

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8
Q

Under the Civil Procedure Rules 1998 R.1.1 (2), what are the five main points about dealing with a case justly?

A

a) parties should have equal footing
b) saving expenses
c) cases should be proportionate to the amount of money involved, the importance of the case, the complexity of the issue and the financial position of each party
d) cases should be dealt with fairly and expeditiously
e) cases should be allotted with an appropriate share of the Court’s resources.

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9
Q

What changes did the Civil Procedure Rules 1998 make?

A
  • It simplified the procedure (same for both county court and high court)
  • implemented the use of pre-action protocols to encourage parties to co-operate and exchange as much information as possible
  • Gave the role of case management to the judges instead of the parties.
  • ADR which allows parties to attempt to settle the dispute out of court.
  • The Three Track system
  • allowed judges to issue sanctions
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10
Q

Which case undermined Woolf’s objective of utilizing ADR?

A

Hasley v Milton Keynes General NHS Trust 2004

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11
Q

How did the case Hasley v Milton Keynes General NHS Trust 2004 undermine Woolf’s objective of utilizing ADR?

A

Because the ECHR said it went against an individuals right to a fair trial under Article 6 so parties cannot be forced to use ADR.

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12
Q

What advantage did the implementation of the Access to Justice Act 1999 bring?

A

lower costs for cases so they are cheaper.

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13
Q

What criticisms does Zander make in the New Law Journal ‘Zander on Woolf’?

A
  • Delays are still present despite the fixed date trials
  • Legal professionals have insufficient ti me to prepare for cases.
  • Lawyers not the only source of delay, delay from parties, court administration and getting expert reports
  • Believes that Woolf ignored this and only saw lawyers as the villains.
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14
Q

What did Tony Allen say in the New Law Journal ‘A Few Home Truths’?

A
  • argued that waiting lists have dwindled.
  • the advanced notice and exchange of info was very good
  • believes ADR isn’t enforced enough at the allocation stage
  • Supporter of mediation
  • Believes in sanctioning unreasonable litigation behaviour.
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15
Q

What do the Advisory Comittee on Civil Costs do?

A

monitor litigation costs

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16
Q

What did Peter Thompson QC have to say about the Civil Procedure?

A

He complains that despite the main criticism of the Civil Procedure being too complicated, the old rules had only 391 pgs of procedure whereas the new rules have 2,301 pgs and 49 updates.

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17
Q

Which piece of legislation allows judges to stop a case and refer parties to use ADR?

A

Part 1 of the Civil Procedure Rules 1998

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18
Q

When was the The Family Law Act?

A

1996

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19
Q

Under s13 of the Family Law Act 1996, what does it state about divorcing couples?

A

they should use mediation before going to court to settle the matters

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20
Q

How could the Family Law Act 1996 potentially go against a persons human rights?

A

Recently in April 2011, the government proposed that all divorcing couple should use mediation before going to court which infringe with Article 6 of the ECHR the right to a fair trial

21
Q

What does ACAS stand for?

A

Advisory, Conciliation Arbitration Service

22
Q

What does ACAS do?

A

they are a service which act as a mediator for employment disputes.

23
Q

What is the Scott Avery Clause?

A

a clause in contracts whereby parties agree in the case of a dispute, they will use Arbitration

24
Q

When was the Arbitration Act?

A

1996

25
Q

Which piece of legislation governs arbitration?

A

The Arbitration Act 1996

26
Q

What does s15 of the Arbitration Act 1996 state?

A

that parties can decide on the amount of arbitrators that they want and who. If there is no agreement, a sole arbitrator will be appointed.

27
Q

What did the Franks Committee 1957 say about the Tribunal Procedure?

A

it recommended that the tribunal procedure should be an example of ‘openness, fairness and impartiality’

28
Q

When was The Tribunals and Inquiries Act?

A

1958

29
Q

What did the Tribunals and Inquiries Act 1958 do?

A

implemented the procedure of openness, fairness and impartiality

30
Q

In which case did the High Court hold that tribunal to the court system?

A

Peach Grey & Co v Sommers

31
Q

When was the Council on Tribunals set up?

A

1958

32
Q

What does the Council on Tribunals do?

A

they review and supervise the procedure. They deal with complaints and submit recommendations for improvements

33
Q

How are the Council on Tribunals described?

A

Like a ‘watchdog without teeth’

34
Q

Why are the Council on Tribunals described like a ‘watchdog with no teeth’?

A

because they have very little power to make change

35
Q

When were Sir Andrew Legatt’s reforms?

A

2000

36
Q

What was the report that Sir Andrew Legatt made on Tribunals?

A

Tribunals for users - one system, one service?

37
Q

What did Sir Andrew Legatts 2000 Tribunals for users - one system, one service have to say about Tribunals?

A

it said that it lack coherence, independence and was not user friendly

38
Q

When was the Tribunals, Courts and Enforcement Act made?

A

2007

39
Q

What did the Tribunals, Courts and Enforcement Act do in 2007 ?

A

implemented Legatts reforms of the Tribunal system

40
Q

What does part 1 of the Trubunal, Courts and Enforcement Act 2007 do?

A

unifies all the procedures and made it so that their were only type Tribunals: Upper Tribunal and First Tier Tribunals

41
Q

Under which part of the Civil Procedure Rules sets out the appeal route?

A

Part 52

42
Q

What are the different appeal routes set out under Part 52 of the Civil Procedure Rules?

A

Fast track cases heard by the District Judge, appeal to the Circuit Judge. Fast Track Cases heard by the Circuit judge can be appealed to a High Court judge. Multi track cases heard in County Court by the District or Circuit judge are appealed to the Court of Appeal.

43
Q

When was the right to appeal brought in to comply with the ECHR?

A

In October 2000

44
Q

Under which section of the Access to Justice Act 1999 can appeals to the Court of Appeal be made?

A

s55

45
Q

Under s55 Access to Justice Act 1999, what are the conditions needed to appeal to the Court of Appeal?

A

It has to raise an important point of law or have another compelling reason for the Court of Appeal to hear the case.

46
Q

When was the Administration of Justice Act?

A

1969

47
Q

What did the Administration of Justice Act 1969 do?

A

Allowed leapfrog appeals to be made to the Supreme court from any other lower court, provide if their is a Point of Law that is of general importance

48
Q

Which legislation allows cases to be appealed to ECJ on a European Point of Law?

A

Article 267 TFEU

AS Law (4 decks)

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