Litigation Flashcards
What is Litigation?
Taking a case to court to determine a settlement for a dispute.
What can Claimants and Defendants be known as in Litigation?
Litigants.
Give 4 advantages to Litigation?
Courts have a choice of remedies so they can find the right one for the case.
Decision is legally binding and enforceable.
There is an appeal process but not many people need to use it.
Fair procedures.
Give 4 disadvantages to Litigation?
Takes a long time.
Expensive.
Lack of legal aid.
Unwanted publicity.
Explain taking a long time as a disadvantage to Litigation?
Even with 3 track system, there can be delays.
Obtaining evidence is time consuming as getting a course case difficult.
Give evidence for taking a long time as a disadvantage of Litigation?
Some cases take years
- mainly for medical negligence claims against the NHS, which on average takes 11.5 years.
Explain being expensive as a disadvantage to Litigation?
Cost of taking a case to court can be more than amount claimed.
- Always need a lawyer in complicated cases and more time = more money.
Rule in civil cases is that the loser pays the winner’s costs as well as their own.
Give evidence for Litigation being expensive as a disadvantage?
Costs NHS £2.2b a year.
Costed Katie Hopkins £300k against Jack Monroe. As well as needing to pay Monroe’s court costs of £24k - even sold her house.
Explain lack of legal aid as a disadvantage to Litigation?
Even if you win, you must pay legal fees to your lawyer.
- Legal aid is only available if your household has a very low income.
Give evidence to lack of legal aid as an advantage to Litigation?
Income must be under £12k a year to get it - more than 1/2 less than minimum wage.
- Rates are for those earning £12k-£16k.
Explain unwanted publicity as a disadvantage to Litigation?
Courts are public - have press boxes and public galleries
Evidence unwanted publicity as a disadvantage of Litigation?
3 out of 5 days usually has press outside.
Johnny + Amber
Wagatha Christie, Colleen Rooney and Rebecca Vardy
ADR is more private
Explain courts having a choice of remedies as an advantage of Litigation?
Judges can award compensation, such as injunctions and specific performance, as well as orders that protect children such as residency and contact orders.
Allows to find the right one for the case.
Expand courts having a choice of remedies as an advantage to Litigation?
Judge’s orders may be on interim or final basis.
- Usually more lenient and nice.
ADR can’t do this.
Explain the decision being binding and enforceable as an advantage to Litigation?
Parties guaranteed a result at the end of hearing
- binding on all parties.
Ensures the winner is compensated.
Expand on the decision being enforceable and binding as an advantage of Litigation?
Enforceable by courts and bailiffs.
People can walk out of Tribunals and other types of ADR.
Explain there being an appeal process yet not commonly used as an advantage of Litigation?
Formal structure of appeals with respect to both liability and compensation.
Evidence there being an appeal structure yet not commonly used as an advantage to Litigation?
Johnny + Amber both appealing in the US over amount of compensation each has been awarded.
- Depp should pay Heard $2m.
- Heard should pay Depp $15m.
Explain fair procedures as an advantage to Litigation?
There will be a qualified judge in the court case.
- They’ll apply established rules of evidence.
- They’ll give a lengthy reasoned judgment in public at the end of the case.
Expand fair procedures as an advantage to Litigation?
Pressure on ADR for decision on day , resulting in maybe quick unfair decisions.
- Whereas judges take a while to think of the right answer.
Judges can spot mistakes in evidence.
- ADR doesn’t.
What is an injunction?
Stops you from doing something.
What is specific performance?
Makes you give something.
What is interim?
Sorts out some reward now as case goes on.
