The civil courts and other forms of dispute resolution

Question 1

What courts hear civil trials?

Answer 1

the county court and the High court

Question 2

What is the maximum financial limit for claims in the County court?

Answer 2

£100,000

Question 3

How much can a personal injury case claim in the County court?

Answer 3

£50,000

Question 4

What are the three divisions in the high court?

Answer 4

• the Queen’s Bench Division
• the Chancery Division
• the Family Division

Question 5

What type of cases does the QBD deal with?

Answer 5

contract and tort cases

Question 6

How much can be claimed in the QBD?

Answer 6

Over £100,000

Question 7

How much can a personal injury case claim in QBD?

Answer 7

Over £50000 but must be started in the QBD.

Question 8

What are the three tracks that civil cases are allocated by the court?

Answer 8

Small claims track
Fast track
Multi-track

Question 9

Which track is for disputes under £10,000?

Answer 9

Small claims track

Question 10

Which track for personal injury cases where the limit is £1,000?

Answer 10

Small claims track

Question 11

Which track is the case heard by a district judge?

Answer 11

Small claims

Question 12

Which track is for disputes of £10,000 to £25,000?

Answer 12

Fast track

Question 13

Which track for personal injury cases where it is over £1000?

Answer 13

Fast track

Question 14

Which track is the case heard by a district judge or a circuit judge?

Answer 14

Fast track

Question 15

Which track is for disputes of over £25,000?

Answer 15

Multi track

Question 16

Which track is the case heard by either a circuit judge or by a high court judge?

Answer 16

Multi- track

Question 17

If the trial was heard by a district judge, which judge is used for the appeal?

Answer 17

Circuit judge

Question 18

If the trial was heard by a circuit judge, which judge is used for the appeal?

Answer 18

High court judge, a further appeal is to the Court of Appeal (Civil Division)

Question 19

What happens if the claim was over £25,000, what is the appeal route?

Answer 19

Court of Appeal (Civil Division) with a further appeal to the Supreme Court.

Question 20

What is the appeal route is the case was heard in the High Court?

Answer 20

Court of Appeal (Civil division) and from there the supreme court.

Question 21

What power does the appeal courts have?

Answer 21

to affirm, set aside or vary any order or judgement of the lower court. They can also order a new trial.

Question 22

What does ADR stand for?

Answer 22

Alternative Dispute Resolution.

Question 23

What are the two types of ADR?

Answer 23

Negotiation and Mediation

Question 24

What is negotiation?

Answer 24

Where a party directly communicates with the person with whom there is a dispute, in an attempt to settle the dispute. It could be face to face, email or using the telephone.

Question 25

What is the possible outcome of using negotiation?

Answer 25

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 the in the courts or use another ADR method.

Question 26

What is mediation?

Answer 26

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 there reach their own agreement.

Question 27

What is the possible outcome of mediation?

Answer 27

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

Question 28

What type of cases use negotiation?

Answer 28

All civil disputes first use negotiation.

Question 29

What type of cases use mediation?

Answer 29

One of the main commercial mediation services is the Centre for Effective Dispute Resolution (CEDR) in London.

Question 30

What are the difference between resolution of civil law disputes in court as opposed to through ADR mechanism?

Answer 30

Method of ADR are much cheaper due to ADR being less formal and unlikely to use a lawyer, so saves cost. Add are much quick than going to court. Civil courts are expensive, however ensure a fair process supervised by a judge who is a trained qualified expert. But in court there is no third party. Negotiation and mediation means 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 make the parties very bitter.

Question 31

Who has set up the tribunals?

Answer 31

Parliament

Question 32

What are some of the examples of the types of cases heard in the tribunals?

Answer 32

- claim social security and child support - redundancy payments - claim political asylum if an immigrant

Question 33

What else can tribunals hear disputes of?

Answer 33

Professional misconduct such as by the police, solicitors and teachers.

Question 34

If parties are heard in the tribunal, what can't they do next?

Answer 34

Go to a civil court to resolve this dispute.

Question 35

What did the TRIBUNALS COUTS AND ENFORCEMENT ACT 2007 create?

Answer 35

A first tier tribunal which has seven chambers and an upper tribunal with four chambers to hear appeals.

Question 36

Who hears a first tier case?

Answer 36

A tribunal judge. Also, some types of cases, two lay members with relevant expertise will sit with a judge to make a decision.

Question 37

What happens if you want to appeal based on the legal reasons of the Upper tribunal?

Answer 37

Go to Court of Appeal (Civil Division) and from there a final appeal to the Supreme Court.