PAPER 1: Section A - Civil Courts and other forms of Dispute Resolution [COMPLETE]

Question 1

1) What do civil claims involve?

Answer 1

Individuals or companies who wish to make a claim because their rights have been affected. This includes family law, contract law or employment law.

Question 2

2) Briefly outline the civil claim court process.

Answer 2

1. Civil claims begin in the County Court
2. First stage is an issue of a claim form (N1 form)
3. If the defendant admits the claim / doesn’t reply in 14 days a judge orders them to pay.
4. If the defendant denies the claim, the case is allocated to three tracks - either the small track, fast track or multi track.

Question 3

3) Go over the structure, jurisdiction and composition of the County Court.

Answer 3

Structure: Hears almost all civil court cases. Almost 200 County Courts in the country. Deals with small track, fast track or multi track claims.

Jurisdiction: Deals with all contract and tort claims, all cases for land recovery and matters of trusts up to £350,000.

Composition: Cases are heard by a Circuit or District judge.

Question 4

4) Go over the structure, jurisdiction and composition of the High Court.

Answer 4

Structure: The High Court is split into three divisions: Queen’s Bench Division; Chancery Division and Family Division.

Jurisdiction: The high court has the power to hear claims above £100,000

Compostion: Based in London but also has judges sitting at 26 towns and cities throughout England and Wales.

Question 5

5) What are the three types of track claims?

Answer 5

Small track, fast track or multi track.

Question 6

6) What does the QBD (high court division) deal with?

Answer 6

J- Deals with claims such as contract, tort (e.g. personal injury), where amount is £100,000 or over. Also deal with libel and slander

C - Cases tried by a single judge but there is a right to trial by jury for fraud, libel and slander cases. A jury is very rarely used.

Question 7

7) What does Family Court (high court division) deal with?

Answer 7

J - This court is headed by the President of the Family Division and hear cases involving the welfare of children under the Children Act 1989. It also hears matrimonial cases such as defended divorce cases and some probate cases (how a will should be executed). The Crime & Courts Act 2013 created a new Family Court and majority of family matters are dealt with here.

C - Cases are heard by a single judge.

Question 8

8) What does the Chancery division (high court division) deal with?

Answer 8

J - Deals with civil cases such as insolvency where a person is unable to pay his or her debts (bankruptcy), copyright and patents and contested probate actions (disagreements over a deceased person’s will and how their estate should be handled).

C - Cases are heard by a single judge and juries are never used.

Question 9

9) What are the three divisions in the High court?

Answer 9

QBD, Family and Chancery

Question 10

10) What does the N1 claim form do?

Answer 10

The N1 Claim Form is the form that you are required to complete if you intend to issue court proceedings.

Question 11

SKIPPPPP 11) What are the Pre Action protocols and what do they aim to encourage?

Answer 11

…

Question 12

SKIPPPP 12) What is case management and the main aim of it?

Answer 12

…

Question 13

13) What’s the 3 track system?

Answer 13

Small Claims Track, Fast Track Procedure and the Multi Track Procedure.

Question 14

14) Explain the Small Claims Track.

Answer 14

• The small claims track are for disputes less than £10,000 (except for personal injury cases and housing cases where the limit is usually £1,000) ​
• Cases normally heard in private, claimant encouraged to represent themselves and reasons for decision must be given. They cannot claim a lawyer’s cost even if they win the case.
• District Judge will sit in the County Court and are the most inferior judges in the UK. They’re given training in how to handle small claims and make sure both parties explain their important points.

Question 15

15) What is the fast track procedure?

Answer 15

• The fast track is usually for disputes worth £10,000 to £25,000.
• Court sets down a very strict timetable for the pre-trial matters. This is aimed at preventing one or both sides from wasting time and running up unnecessary costs. The aim is to have the case heard within 30-50 weeks.
• The actual trial will usually be heard by a Circuit judge and take place in open court with a more formal procedure than for small claims. In order to speed up the trial itself, the hearing will be limited to a maximum of one day and the number of expert witnesses restricted, with usually only on expert being allowed.

Question 16

16) What is the multi track procedure?

Answer 16

• The multi-track is for cases over £25,000.
• Each case is heard by a judge who will also be expected to ‘manage’ the case from the moment it is allocated to the multi-track route. The judge will need to identify the issue at an early stage; encourage parties to use ADR, fix timetables and deal with procedural steps.

Question 17

17- EXAM PRACTICE QUESTION: How do you make a civil claim? (12 marks)

Answer 17

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Question 18

18) How do you appeal in County Court?

Answer 18

If a District Judge heard the case, then the appeal’s sent to a Circuit Judge in the County Court. If a Circuit judge heard the case, then the appeal’s sent to a High Court judge in the County Court. This is then sent to the CoA.

Question 19

19) How do you appeal in High Court?

Answer 19

An appeal goes straight to the CoA. In rare cases there might be a leapfrog appeal to the Supreme Court. Since 2015, this must be an issue of national importance.

Question 20

20) What are some problems with taking a case to court?

Answer 20

• Lengthy court process especially after appeal.
• Very expensive especially with barrister / solicitor fees.
• Can affect future relations with the parties as one of them will lose and cause inevitable hard feelings.
• Litigants don’t have control over the process in court.
• Court hearings are public and litigants may prefer to keep their issues private.

Question 21

21) What is an alternative dispute resolutions? (ADR)

Answer 21

Methods of solving a legal dispute without having to go to court.

Question 22

22) What are the 5 main methods of dispute resolution?

Answer 22

• Negotiation
• Conciliation
• Mediation
• Tribunals
• Arbitration

Question 23

23) Define negotiation and give an advantage and disadvantage.

Answer 23

Negotiation is negotiating with the other person privately. Solicitors can carry on negotiations. Examples include neighbour disputes, family disputes etc.

A - Quick and cheap and self conducted
D - If the parties dislike each other, it’s likely they’ll settle down to ‘co operate’ in finding a solution.

Question 24

24) Define mediation and give an advantage and disadvantage.

Answer 24

Mediation is when a neutral mediator helps parties to reach a compromise. They consult each side and explore options with each party.
A - The mediator arranges a neutral place, the parties are in control and can withdraw from the process at any time.
D - There is no guarantee the matter will be resolved, and it will then be necessary to go to court after the failed attempt at mediation. In such situations there is additional cost and delay to resolution.

Question 25

25) Define conciliation and give an advantage or disadvantage.

Answer 25

Similar to mediation but the conciliator plays a more active role. They suggest grounds for compromise and suggest a solution.
A - Conciliation avoid the adversarial conflict of the court room and the winner/loser result of court proceedings. It has been said that with concilliation, everyone wins.
D - (same as meidation) there is no guarantee the matter will be resolved, and it will then be necessary to go to court after the failed attempt at mediation. In such situations there is additional cost and delay to resolution.

Question 26

26) What is arbitration (relevant case) and give an advantage or disadvantage?

Answer 26

• Arbitration is an Independent third party resolving disputes. Agreement to arbitrate can be made at any time.
• Arbitration Act 1996 applies to written arbitration agreements. S15 of Act states parties can agree on number of arbitrators. If parties cannot agree then only 1 can be used.
• SCOTT VS AVERY – written in the contract that arbitration will be used.
• Paper arbitration is when both sides put points in writing The abitrator will read and make decisions. The date, time ,place of arbitration are all matters for parties to decide with arbitrator.
• The decision made by arbitrator is called an award and is binding on all parties. Can be enforced in court.

A: The actual procedure used is flexible and the parties can choose that which is most suited to the situation; this will usually result in a more informal and relaxed hearing than in court.
D: If a professional arbitrator is used, his or her fees may be expensive. It will also be expensive if the parties opt for a formal hearing, with witnesses giving evidence and lawyers representing both sides

Question 27

27) What is a tribunal and give an advatnge or diadvantahe?

Answer 27

-A tribunal is set up to deal with social issues and disputes. Their job is to enforce rights granted through legislation.
Informal part of court system.

-Examples are: Immigration,Employment,Mental health

-Decision of the chair of tribunals is binding.
Lawyers are used to present cases. Both sides will present their case and witnesses can give evidence.

-Tribunals, Courts and Enforcement Act 2007 set up a new structure: First Tier Tribunal
Upper tier – Hear appeals from First tier. From the upper tier there is a further route to CoA & SC.
A tribunal judge will hear the case. Sometimes 2 lay members with expertise will hear the case.

A:
D: