Paper 1.2 - Civil courts, Employment tribunals & ADRs Flashcards
English Legal System
What is a civil claim?
An individual or firm believes their rights have been infringed.
What types of law are classed as civil?
EG
Tort, Consumer, Family, Contract, Property, Employment, Defamation, etc. (all except criminal)
Who starts a civil case?
Claimant.
What is the standard of proof in a civil case?
Balance of probabilities (51%).
What courts are civil cases heard in?
Magistrates*, County, High, CoA, Supreme.
*only applicable for some civil procedures, as civil cases are often more complex than criminal
What remedies are available in civil court?
Damages & injunctions.
What is the name of the claim form that starts civil proceedings?
N1.
Summarise how to file an N1.
EG
Can be filled on online or in a court office, provide details about the case such as opposing party and pay fee (fee dependant on size of claim)
What three ways can a defendant respond to an N1?
- Admit claim and pay damages.
- Dispute the claim via an N9 (go to court).
- File an Acknowledgement of Service (ask for time).
If the defendant fails to respond to an N1, the court can award a what?
Judgement in default.
Which court hears the most civil cases?
County court.
What is the Act that sets out how County court are run?
Crime & Courts Act 2013.
Approximately how many County courts are there across England and Wales?
170.
Which types of cases does County court normally hear? (Give one example)
Lowly perceived civil cases EG
Negligence, consumer, housing claims, probate cases, etc.
How many judges hear a County court case?
One.
What are the names of the three County court tracks?
Small claims, fast track and multi-track.
What cases are allocated to the small claims track?
Cases up to £10 000.
What type of judge hears a small claims case?
District.
How much time is allocated to a small claims case?
2-3 hours. There is also a limit on how many witnesses can be called.
TRUE OR FALSE: Small claims cases often feature solicitors and barristers.
FALSE: Legal personnel is not encouraged, due to low stakes.
What cases are allocated to the fast track?
Claims between £10,000 - £25,000.
What type of judge hears a fast track case?
District.
What is the maximum length of time a case can be scheduled for in a fast track claim?
30 weeks from allocation.
What cases are allocated to multi-tack?
Claims between £25,000 - £50,000.
What type of judge hears a multi-track case?
Circuit.
When are multi-track cases sent to High Court?
If claim exceeds £50,000 or is extremely complex.
What are the three divisions of High Court?
Chancery, Family and King’s Bench.
What cases are the Chancery division generally responsible for?
Financial & Business eg bankruptcy, copyright, intellectual property
What cases are the Family division generally responsible for?
Family eg divorces, prenuptial agreements
What cases are the King’s Bench division generally responsible for?
Tort & Contract eg fraud, libel, slander, malicious prosecution, personal injury
What is the appeals process in County Court if the original case is heard by a district judge?
Appeal is heard by circuit judge in County Court.
What is the appeals process in County Court if the original case is heard by a circuit judge?
Appeal is heard by a high court judge in High Court.
TRUE OR FALSE: A multi-track case can be appealed straight to the Court of Appeal, skipping the High Court.
TRUE: It is the only track that may do this, as long as all parties agree and find it of significant importance.
In terms of appeals, what is ‘leave’?
Permission obtained from a judge.
Where does an appeal from the High Court go?
Court of Appeal.
How many judges typically hear a Court of Appeal case?
3-5.
Name 4 advantages of the civil court system.
EG
Process is fair, conducted by experts, decision is legally binding, appeal is possible.
Name 4 disadvantages of the civil court system.
EG
Costly, lots of delays, process is complex and adversarial, uncertainty in process.
What is the name of the system that operate alongside the court system and must be used instead of court proceedings?
Tribunals
Tribunals are governed under what Act?
Tribunals, Courts and Enforcement Act 2007.
Give an example of a case an employment tribunal may deal with.
EG
Discrimination, unequal pay, wrongful dismissal, redundancy, wrongful deduction of wages, etc. in the workplace.
What is the name of the head of the tribunal and what are their duties?
Tribunal judge/chairperson.
Manage the case by: listening to evidence, carry out hearings, deliver judgement, award compensation / order employer to reinstate / re-engage an employee.
What is an ADR?
Alternative Dispute Resolution; ways to avoid the civil court process.
What are the four types of ADRs?
Negotiation, Conciliation, Mediation and Arbitration.
What is name of the act that dictates how ADRs operate?
ADR Act 2006 (except for arbitration).
What is negotiation?
EG
Negotiation is a form of ADR where the two parties speak to each other in order to resolve the dispute, called a settlement.
TRUE OR FALSE: Once a civil case begins, the two parties may no longer negotiate a settlement and the only solution is the one found through court proceedings.
FALSE: Parties can continue to negotiate a settlement throughout a case up until the judge’s verdict is passed.
Name 3 advantages to negotiation.
EG
1. Cost.
2. Parties are in control of own dispute.
3. Can be done at any time.
Also encourages friendliness between parties.
Name 3 disadvantages to negotiation.
EG
1. May not be successful.
2. Relies on parties being on good terms.
3. Repeated failures can prolong dispute.
What is mediation?
Mediation is a form of ADR where a third party helps the parties reach a solution by communicating for them.
What are the main two types of cases that go through mediation?
Contract (between companies) and Family.
Name three advantages to mediation.
EG
1. Avoids adversary.
2. Cheaper than court.
3. Parties have control over process.
Name three disadvantages to mediation.
EG
1. Requires cooperation.
2. Relies on mediator skill.
3. Not legally binding.
What is conciliation?
Conciliation is a form of ADR where the two parties employ a third party conciliator to help suggest solutions.
In terms of ADRs, what does ACAS stand for?
Advisory Conciliation and Arbitration Service.
What does ACAS do in terms of legal aid?
Gives impartial legal advice in disputes.
Name four advantages to conciliation.
EG
1. Avoids court.
2. Parties have control.
3. Decision isn’t binding; parties can still go to court.
4. Encourages good terms.
Name 4 disadvantages to conciliation.
EG
1. Court action may be necessary regardless.
2. Relies on conciliator skill.
3. Decision isn’t binding; parties can betray the solution.
4. Settlements are usually more streamlined in court.
What is arbitration?
Arbitration is a form of ADR where the two parties present their case before 2-3 arbitrators. The arbitrators then decides the settlement, which is legally binding.
What law dictates how arbitration is done?
Arbitration Act 1996.
Some contracts (eg mobile phone) have clauses forcing any potential claimant to go to arbitration. What is this clause called?
Scott v Avery clause.
TRUE OR FALSE: ACAS can appoint an arbitrator if the parties fail to agree.
TRUE.
What is the legal name for an arbitrator’s decision?
An award.
On what grounds can a party appeal an arbitrator’s decision? (2)
- On a point of law.
- Serious irregularity in arbitration proceedings.
Name 3 advantages of arbitration.
EG
1. Legally binding.
2. Decided by a neutral party.
3. Quicker and simpler.
Name 3 disadvantages of arbitration.
EG
1. No control over dispute.
2. Most expensive ADR.
3. Legally complicated; arbitrators may not be equipped to deal with.
