Paper 2 - The Civil Courts and Other Forms of Dispute Resolution

Question 1

What is civil law about?

Answer 1

Private disputes between individuals and/or businesses where a remedy is being sought. Civil Law covers contract law and tort law. The court will award damages to the wronged party

Question 2

Who is the pressure to sue the defendant on?

Answer 2

Pressure to sue the defendant has to come from the claimant (the wronged party claiming a remedy). The police will not become involved in a case.

Question 3

What is Tort Law?

Answer 3

This area of law deals with situations where one person has breached their legal responsibilities towards another but their is no contract between the parties. Negligence, trespass, defamation (libel and slander) and nuisance are all torts.

Question 4

Who decides on the liability of a defendant in a civil case?

Answer 4

A Judge. (Without the help of a jury)

Question 5

What must the claimant prove their case on?

Answer 5

On the balance on probabilities. (that it is more likely than not that the defendant is at fault)

Question 6

Which Courts hear Civil trials?

What determines which Court hears the trial?

Answer 6

The County Court and High Court hear Civil trials.

The amount of damages being claimed and the complexity of the case determines which court hears the trial.

Question 7

What claims can the County Court try?

What is the maximum financial limit?

Answer 7

The County Court can try all contract and tort claims for compensation. The maximum financial limit is £100,000. However, personal injury case claims for £50,000 or less must be started in the County Court.

Question 8

What are the three divisions of the High Court?

Answer 8

• Queens Bench Division
• The Chancery Division
• The Family Division

Question 9

What tort and contract cases does the QBD usually deal with?

Answer 9

Cases where the amount claimed is over £100,000. However, personal injury case claims over £50,000 must be started in the QBD.

Question 10

Who allocates civil cases to one of the three ‘tracks’?

What is it according to?

Answer 10

Civil cases are allocated by the court to one of the three ‘tracks’ according to the value and complexity of the claim.

Question 11

What are the financial limits of the Small Claims Track?

Answer 11

For disputes under £10,000. (Except personal injury cases where the limit is £1000)

Question 12

Who hears small claims track cases and where are they heard?

Answer 12

Cases are heard relatively informally by a District Judge in a committee room in the County Court.

Question 13

How much time is set aside for hearings in the Small Claims Track?
Who gives a decision at the end of the hearing?

Answer 13

The time set aside for such hearings is usually an hour, and the judge will give a decision at the end of the hearing.

Question 14

Why are costs much lower in the Small Claims Track?

Answer 14

Costs are much lower in this track as lawyers need not be used. At the end of the case the winner does not usually have their costs paid by the loser.

Question 15

What are the financial limits of Fast Track cases?

Answer 15

For straightforward disputes of £10,000 to £25,000 and personal injury cases over £1000.

Question 16

Who hears Fast Track cases and where are they heard?

Answer 16

Cases are heard by either a District Judge or Circuit Judge in the County Court.

Question 17

How are Fast Track cases timetabled?

Answer 17

Such cases are strictly timetabled by the judge and should be heard within 30 weeks of the claim being formally made against the defendant.

Question 18

What are the financial limits of Multi-Track cases?

Answer 18

For claims over £25,000 or complex cases under this amount.

Question 19

Who hears Multi-Track cases?
Where are they heard?
What does it depend on?

Answer 19

Depending on the value of the case and it’s degree of legal complexity, cases are heard in either the County Court by a Circuit Judge or in the High Court by a High Court Judge.

Question 20

Who is involved in case management?

Answer 20

The Judge will be involved in case management: there will be pre-trial hearings between the parties and the Judge will set a timetable to bring the case to Court.

Question 21

Who is it open to in a Civil case to appeal the decision of the trial Judge?

Answer 21

It is always open to the ‘loser’ in a civil case to appeal the decision of the trial Judge but leave (permission) to appeal must be obtained from the trial Judge.

Question 22

What do appeals against liability and/or the amount of damages from the County Court depend on?

Answer 22

Appeals against liability and/or the amount of damages from the County Court, for claims under £25,000, depends on the level of Judge who hears the trial.

Question 23

If the trial was heard by a District Judge, who hears the appeal and where?

Answer 23

If the trial was heard by a District Judge then the appeal is to a Circuit Judge in the same County Court.

Question 24

If the trial was heard by a Circuit Judge, where and who hears appeals?

Answer 24

If the trial was heard by a Circuit Judge then the appeal is to a High Court Judge in the High Court.

Question 25

In exceptional cases where is a further appeal possible to?

Answer 25

Court of Appeal (Civil Division)

Question 26

What is the appeal route for claims over £25,000 which have been dealt with as Multi-Track cases in the County Court?

Answer 26

The appeals route is always to the Court of Appeal (Civil Division) with a further appeal to the Supreme Court.

Question 27

Where are appeals against liability and/or the amount of damages from the High Court heard?

Answer 27

By the Court of Appeal (Civil Division) and from there to the Supreme Court, provided leave (permission) has been given and the case raises issues of general public importance.

Question 28

What do the Appeal Courts have the power to do?

Answer 28

To affirm, set aside or vary an order to judgment of the lower court. They can also order a new trial.

Question 29

What does ADR stand for?

Answer 29

Alternative Dispute Resolution

Question 30

How does negotiation operate?

Answer 30

Negotiation is where a party directly communicates with the person with whom there is a dispute, in an attempt to settle the dispute. Negotiation could be face to face, using the telephone, email etc. The parties continue communicating until resolution is made or fails.

Question 31

What is a possible outcome of negotiation?

Answer 31

The dispute is resolved. The outcome can be enforced in court if the parties have formally agreed in writing to a settlement. If negotiation fails, the wronged party could sue in court or use one of the other ADR methods.

Question 32

What types of cases use negotiation?

Answer 32

All civil disputes first use negotiation.

Question 33

How does mediation operate?

Answer 33

Mediation is where a neutral third party helps the parties to reach a compromise without actually imposing a solution on them. The mediator passes messages back and forth between the parties until they reach their own agreement. The parties will choose the exact method of mediation they want. A more formal method can involve a ‘mini-trial’, where each side presents a case to a panel composed of a representative of each side and a neutral mediator.

Question 34

What is a possible outcome of mediation?

Answer 34

The dispute is resolved. The outcome can be enforced in court if the parties have formally agreed in writing to a settlement. If mediation fails, the wronged party could sue in courts.

Question 35

What types of cases use mediation?

Answer 35

One of the main commercial mediation services is the Centre for Effective Dispute Resolution (CEDR) in London. There is the Family Mediation Association who offers mediation services for a range of family matters.

Question 36

What are the differences between the resolution of civil law disputes in court as opposed to through ADR mechanisms?
Hint: cost, time.

Answer 36

Methods of ADR are usually cheaper than going to court. Due to ADR being less formal, it is unlikely that the parties will use a lawyer, so this also saves cost. All methods of ADR are much quicker than going to court.

Question 37

What are the differences between the resolution of civil disputes in court as opposed to through ADR mechanisms?
Hint: fairness

Answer 37

The civil courts ensure a fair process, supervised by a judge, who is always a trained and qualified expert in law and legal procedures. In contrast, there is no third party decision maker with negotiation and mediation. With negotiation and mediation the parties are in control; they can choose to stop at any time. An agreement will only be reached if both sides accept it.

Question 38

what are the differences between the resolution of civil law disputes in court as opposed to through ADR mechanisms?
Hint: formality

Answer 38

The formality of the court system will mean that there is usually a need for a lawyer to represent a party. However, this is not the case with ADR.

Question 39

What are the differences between the resolution of civil law disputes in court as opposed to through ADR mechanisms?
Hint: bitterness

Answer 39

The fact that with negotiation and mediation the parties come to an agreement means they are able to go on doing business with each other. In contrast, court proceedings are more adversarial, and will end with one party winning and one party losing. This is likely to make the parties bitter about the dispute.

Question 40

What are Tribunals?

Answer 40

Tribunals provide a specialised and obligatory forum for hearing certain types of civil cases.
Tribunals have been set up by parliament to operate alongside the court system so that people can enforce the rights from social and welfare legislation.

Question 41

What are examples of types of tribunal cases?

Answer 41

Types of cases include disputes over a person’s right to:
•social welfare payments
•redundancy payments
•claim political asylum if an immigrant
There are also tribunals that heat disputes where there has been professional misconduct, such as by the police, solicitors and teachers.

Question 42

When must parties take their disputes to the relevant tribunal?

Answer 42

Where Parliament has directed that a particular type of dispute should be heard by a tribunal, the parties must take their dispute to the relevant tribunal. Tribunals were set up to relieve the burden on the civil courts.

Question 43

What did the TRIBUNALS, COURTR AND ENFORCEMENT ACT 2007 create?

Answer 43

A First Tier Tribunal which has seven chambers (divisions) to initially hear a relevant civil case and an Upper Tribunal, with four chambers to hear appeals.

Question 44

Who hears First Tier Tribunal cases?

Answer 44

First-Tier cases are heard by a tribunal judge. Also for some types of cases, two lay members with relevant expertise will sit with a judge to make the decision.

Question 45

How are some tribunals done in a formal way?

Answer 45

Witnesses give evidence on oath and are cross examined.

Question 46

What is the decision?

Answer 46

The decision of the tribunal is binding and enforceable through the courts. The decision might include a declaration as to rights and entitlements, an order for compensation or a decision as to correct payments to be made to or by the authorities.

Question 47

Who is an appeal made to from a tribunal?

Answer 47

There may be a right to an appeal based on legal reasons to the Upper Tribunal and from there to the Court of Appeal (Civil Division) and from there a final appeal to the Supreme Court.