Legal System And Other Forms Of Dispute Reslution Flashcards
What do civil courts deal with?
Non-criminal matters
What are civil courts designed to deal with?
Disputes between individual citizens and or organisations
What are the two key civil courts on first instance?
County court
High court
What are small claim tracks for?
Straightforward claims of not more than £10,000 excluding personal injury
What is fast track for?
Claims between £10,000 and £25,000
What are multi-track claims for?
Over £25,000 and not more than £50,000
What is the high court for?
More complex claims over £50,000
When can you use the GOV.UK website or N1 claim form for claims?
Claims over £10,000 or less
When can claimants use the money claim online system or use n1 form?
For claims between £10,001 and £100,000
What can either party do if they are dissatisfied by the judges decision?
Appeal
Who is a first appeal from a decision of the small claims court or fast track heard by?
Circuit judge
If already heard by circuit judge then high court judge
Is it possible for a second appeal from a circuit judge or high court judges decision? And in what cases does this happen?
Yes it then goes to the court of appeal
This only happens in exceptional circumstances with the court of appeals permission
Where does an appeal from a decision of a multi track go to?
Court of appeal wether heard by a circuit judge or high court judge
Where does an appeal from the high court go to?
Court of appeal or Supreme Court where a place of general public importance is present
Is it possible for a further appeal from the court of appeal? Where does this go? When does this happen?
Yes
To the Supreme Court
Only if either court gives permission
What are other forms of dispute resolution?
Tribunals and ADR
What are tribunals separated into in first instance?
Seven divisions dealing with specific areas of law and four divisions of appeal
What cases do first-tier tribunals hear?
Cases at first instance
What cases do upper tribunals hear?
Appeals from first tier
What does the system of administrative tribunals run alongside with?
Civil courts system
Why were tribunals established?
To deal with a wide variety of specific areas of social and welfare legislation which impact every day life, e.g. school exclusions
What is the most basic form of ADR?
Negotiation
What is negotiation?
When an individual attempts to resolve the issue directly, privately and possibly face to face with the other party
What are the advantages of negotiation?
- Quick
- Cheap
- Informal way of settling a dispute between parties - no court or lawyers involved
What are the disadvantages of negotiation compared to litigation?
- Requires confrontation
- If the dispute isn’t settled the case may go to court which involves costs and courts may insist parties go back to negotiation before the trial
Examples of negotiation cases?
- Noise caused by neighbours
- Returning faulty goods to a shop
What is mediation?
A neutral third-party member mediator attempts to resolve the issue with both parties, without giving their opinion
What are the advantages of mediation over litigation?
- Parties are in control of proceedings and decisions
- Based on common sense not decisive legal rules
What are the disadvantages of mediation over litigation?
- Only works if both parties agree and cooperate
- Many decisions may not be binding by both parties
