The English Legal System - Courts (Chapters 2+3) Flashcards
1
Q
Which court covers all of the United Kingdom?
A
The Asylum and Immigration Tribunal
The Special Immigration Appeals Commission
2
Q
Which court covers all of England, Wales and Scotland?
A
The employment tribunals and the Employment Appeal Tribunal
3
Q
What is the Supreme Court of the United Kingdom?
When was it created? With what law?
A
It is the highest court of appeal in England, Wales, and Northern Ireland. In Scotland, it is only the highest court of appeal in civil, but not criminal cases.
It was established by the Constitutional Reform Act 2005 and became operational in 2009.
4
Q
Which judicial functions did the Supreme Court of the United Kingdom take over?
A
Judicial functions of the House of Lords
Devolution cases from the Judicial Committee of the Privy Council
5
Q
Which is Scotland’s supreme court in civil cases?
How is it structured?
A
The Court of Session (first instance and court of appeal)
The court is divided into inner and outer house
The Outer House serves as the court of first instance
The Inner House is superior and serves as Scotland’s upper appeal court for civil cases (it also has a small range of first instance business)
6
Q
Which act made it possible to make an appeal to the Supreme Court of the United Kingdom if a party wished to overturn the Inner House of the Court Session?
A
Courts Reform (Scotland) Act 2014
7
Q
What are the conditions for a party wishing to overturn a decision of the Inner House of the Court Session when making an appeal to the Supreme Court of the UK?
A
The decision must have been made after 22nd September 2015
The party must seek permission before seeking further appeal
If the Inner House refuses, a party can ask the Supreme Court directly
The Supreme Court only grants permission if the appeal raises a point of general public importance, if so, the Supreme Court also considers the view of the Inner House
8
Q
Which is the last court in Scotland for criminal cases?
A
The High Court of Justiciary
9
Q
Which are the three devolution statutes?
A
Scotland Act
Government of Wales Act
Northern Ireland Act
All from 1998
10
Q
The Constitutional Reform Act 2005 attributed the jurisprudence in devolution cases of the the Privy Council (Judicial Committee) to the Supreme Court. What is the the Privy Council?
A
A formal body of advisers to the sovereign of the United Kingdom. It is composed from the House of Commons and the House of Lords (current or former members).
11
Q
The High Court of Justiciary is the highest court in Scotland for criminal cases. In what cases can a case be brought before the Supreme Court of the UK? Based on what law?
A
Scotland Act 2012 introduced a right to appeal to the Supreme Court where a “compatibility issue” under human rights legislation arises.
A party must seek permission from the High Court of Justiciary. If none is given, a party can seek permission of the Supreme Court within 28 days of non-approval from High Court.
However, the Supreme Court remits the case to the High Court if the issue has been determined.
12
Q
In which cases may the High Court of Justiciary depart from its own case law?
A
When the interest of justice require it.
13
Q
Name of the courts in England and Wales
A
His Majesty’s Courts of Justice of England and Wales
14
Q
Who administers the courts in England and Wales?
A
His Majesty’s Courts and Tribunal Service, an executive agency under the Ministry of Justice
15
Q
Which five courts exist in England and Wales?
A
The Court of Appeal
The High Court
The Crown Court
The Magistrates’ Courts
The County Court
16
Q
What is the objective of civil courts?
A
To restore the parties to their previous positions
17
Q
Name of the party who instigates the complaint or action against the defendant in civil and criminal cases
A
Claimant in civil cases
Prosecutor in criminal cases
18
Q
Standard and burden of proof difference between civil and criminal cases
A
In civil cases, the claimant is required to prove his case “on the balance of possibilities”, unofficially described as the 51% test, to prove his case
In criminal cases, the prosecution must prove the case “beyond reasonable doubt”, unofficially described as the 99% test, to get a conviction
19
Q
What happens to the defendant in a civil case?
A
They are either found liable or not liable, and are required to pay damages to the claimant or to obey orders or injunctions of the court
20
Q
How does the role of a judge differ in common law from civil law?
A
The English legal system is predominantly adversarial in which representatives from each party investigate, debate and argue their case, while the judge takes an important role in the process and acts as a referee or arbiter between the prosecution/claimant and the defence.
The judge in inquisitorial legal system, which is more predominant in civil law jurisdictions, actively investigates cases, participates in fact-finding and evidence gathering, and questions witnesses.
21
Q
Which are the civil courts of first instance in England and Wales?
A
The High Court
County Court
22
Q
How does the Magistrates’ Courts differ from the High Court and the County Court in civil cases?
A
Magistrates’ Courts only have very limited powers in civil cases.
The powers are limited to:
1) Family proceedings (matrimonial relief and child custody)
2) Local authority care or supervision orders
3) Council tax, income tax, VAT arrears enforcement
4) Alcoholic beverage licensing
23
Q
What type of criminal cases does the County Court deal with?
A
None, it only deals with civil cases.
24
Q
The title “district judge” can be found in which courts?
A
County courts and magistrates’ court
25
Which judges are associated with county courts? How do they differ?
Circuit judge
Recorders (part-time circuit judges)
District judges (lower and can handle cases with up to 25k GBP)
26
Why is it relevant if a Circuit Judge or a District Judge hears a case?
It matters for the appeal procedure.
District Judge in County Court -> Circuit Judge in County Court
Circuit Judge in County Court -> High Court Judge
Appeals against Circuit Judge's decision from appeal against District Judge will go to Court of Appeal, not High Court Judge
27
What is a "hearing centre" of County Court?
The County Court is a single national entity with a national jurisdiction and sits at various locations throughout England and Wales. The court houses act as hearing centers.
28
Is there a rule where a case has to be stated before a hearing centre of a County Court? (e.g. geography)
No, a case can be stated before any hearing centre.
If the case is defended and the defendant owes a fixed amount of money, the case is automatically transferred to the hearing centre of the defendant's home court.
29
Which act(s) are the foundation for the County Courts?
Courts Act 1984
Courts and Crime Act 2013
30
3 Civil case claims that have to be brought before the County Court
1) Personal injury case caused by negligence with value less than 50k GBP (above may be started in High Court too, but only if complex or high value or outcome is of high public importance)
2) Claims or damages with value less than 100k GBP (above may be started in High Court too, but only if complex or high value or outcome is of high importance)
3) Claim in equity with value 350k GBP or less (see separate list)
31
For which 7 proceedings does the County Court have all the jurisdiction of the High Court to hear and determine the cases?
Proceedings for:
1) The administration of the estate of a deceased person
2) The execution or declaration of a trust
3) The foreclosure or redemption of any mortgage
4) The specific performance, for the rectification, delivery up or cancellation, or any agreement for the sale, purchase or lease of any property
5) The maintenance or advancement of a minor
6) The dissolution or winding-up of any partnership
7) Relief against fraud or mistake
32
A civil claim in tort or contract will almost always be for ...
damages
33
Where a claimant has suffered physical discomfort, what kind of claim should be made regarding the sum?
Claim for an unspecified sum
34
How do the rules differ in the County Court from the High Court?
They don't. They are the same.
35
County Court: What are the 3 track allocations?
Small Claims Track
Fast Track
Multi-Track
36
County Court: Who decides the allocation to the small claims track?
Which two factors are being taken into consideration?
The District Judge
1) The Financial Value of the Case
2) The Complexity of the Case
37
What is the limit for the financial value of the case for the small claims track at the County Court? What are the three exceptions to this?
10,000 GBP
1) Personal injury: Value of the claim for personal injury is not more than 1,500 GBP
2) Claim of tenant of residential premises against their landlord for repairs and other work to the premises (generally allocated to small claims track) if (a) the cost of the repairs or other work to the premises is estimated to be not more than 1,000 GBP and (b) the financial value of any other claim for damages is not more than 1,000 GBP
3) Personal injury from traffic accident (whiplash injury): limit 5,000 GBP, max 10,000 GBP for all losses
38
In which cases can a District Judge allocate a case with a financial value less than 10,000 k GBP attribute a case to another track?
When the case is complicated.
39
Which 3 cases are not attributed to the small claims track?
1) Claim for remedy for harassment
2) Claim for remedy for unlawful eviction
3) Disputed allegation of dishonesty
40
Where are the costs for court proceedings regulated?
Civil Procedure Act 1998
41
What types of costs are involved in court proceedings? (3)
Which of these are carried by the unsuccessful party?
1) Court fees: Standard administrative fees - carried by unsuccessful party
2) Reasonable expenses, such as costs for travel, loss of earnings, and fees for expert witness - carried by unsuccessful party
3) Standard legal costs: For work carried out by solicitors - borne by parties themselves
42
In which cases can a court order additional costs against claimants?
For vexatious litigants or frivolous claimants
43
County Court: What factors are considered by the court to allocate cases to a certain track?
Financial value of claim
Nature of remedy sought
Complexity of facts, law, or evidence
Number of parties involved
Value of counterclaim and complexity
Amount of oral evidence required
Importance of claim to persons who are not parties of the proceedings
Views expressed by parties
Circumstances of parties
44
What happens if a court has allocated a claim to a track?
It will notify the parties
45
Can claims be re-allocated to different tracks?
Yes
46
What are the most common types of claims in the small claims track?
Consumer rights claims (consumers asserting their rights against retail stores, banks etc. in respect of charges, fees, and refunds and so on)
Compensation for faulty services provided (e.g., by builders, dry cleaners, garages etc.)
Compensation for faulty goods provided (e.g., televisions, washing machines, etc.)
Disputes between landlords and tenants (e.g. rent arrears or compensation for not doing repairs)
Wages owed
Money in lieu of notice
47
How can an appeal be made to a judgement or order (or part of it) of a District Judge?
1) At the end of the sitting in the small claims court with permission from the District Judge
2) By application to a Circuit Judge in the County Cort
48
When will a case usually be allocated to the fast track?
1) it is not suitable for the small claim track
2) Its financial value is over 10'000 GBP and not more than 25'000 GBP
3) The trial is likely to last more than one day, and the case requires expert evidence in no more than two expert areas
49
What is meant with the "no frills" procedure for medium-sized cases in the fast track?
The procedure is for medium-sized cases that do not justify the detailed and meticulous preparation appropriate for complex and important cases.
Frills = Rüschen
50
Where are cases allocated to the fast track heard?
Generally in the County Court; they might also be heard in the High Court depending on their legal or public interest significance.
51
When is a case allocated to the multi-track?
When it's not suitable for the small claims or fast track.
52
Where are multi-track cases heard?
Either by Circuit Judge in the County Court OR
by a High Court Judge (typically the latter)
53
What is the monetary limit for multi track cases?
Not lower than 25,000 GBP
However, can be lower if
a) accident at work claim which involves calling numerous witnesses
b) case raises points of real public importance
54
According to Practice Direction 29 of the Civil Procedure Rules, which claims are suitable for trials in the High Court?
1) Professional negligence claims
2) Fatal Accident Act claims
3) fraud or undue influence claims
4) defamation claims
5) claims for malicious prosecution or false imprisonment
6) claims against the police
7) contentious probate claims
55
What cases does the High Court cover?
Civil court of first instance for higher value or specified claims
Criminal and civil appellate court for cases from lower courts
56
What are the three divisions of the High Court?
King's Bench, Chancery and Family Divisions
57
The High Court has three divisions, are these separate courts?
No, but they have separate procedures and practices adapted to their purposes and each her of particular type of cases.
58
What is the consequence if litigants commence proceedings at the wrong division of the High Court?
a) Penalty
b) Delay while the case is transferred or has to be re-commenced
59
What is the Royal Courts of Justice?
It is not a court per se, it's a court building that houses both the High Court and the Court of Appeal of England and Wales
60
In regards to organisations and individuals, what does the High Court do?
It has the power to review the actions of individuals and organisations to make sure they have acted legally and justly.
61
What is the jurisdiction limit of the High Court in England and Wales?
Which act governs the High Court?
It is unlimited.
Senior Courts Act 1981
62
In which cases may a civil case be commenced in the High Court? (3)
1) Claim for money in which the County Court has a jurisdiction if the financial value of the claim is more than 100'000 GBP
2) Claim for damages in respect of personal injuries (other than malpractice) if the value of the claim is higher than 50,000 GBP (includes disease, impairment of physical or mental condition or death)
3) Claim for damages for an unspecified amount if
a) Expect to cover more than the amounts mentioned in the cases above
b) A particular rule requires the claim to be commenced in the High Court
c) Claim shall be under one of the special High Court lists.
63
Two special proceedings under the exclusive jurisdiction of the High Court with respective act
Applications for variations of trusts under the Variations of Trusts Act 1958
Reductions in share capital or cancellation of resolutions under the Companies Act 2006
64
The High Court has three divisions:
King's Bench, Chancery and Family Divisions
Which is the busiest?
King's bench
65
What is the King's Bench Division's main business?
Multi-track claims for damages
66
What are the 4 divisions of the King's Bench Division of the High Court?
1) Administrative Court
2) Commercial Court
3) Technology and Construction Court
4) Admiralty Court
67
What is the main function of the Administrative Court of the King's Bench Division?
It supervises inferior courts, Ministers and other public bodies. Public decisions can be challenged with judicial review.
68
What is the Divisional Court of the King's Bench Division?
This is not a court per se. It is the Administrative Court Division. It is given the name Divisional Court when two or more court sit together.
It must be noted that it's not the only divisional court, but it is the most known divisional court.
69
Which are the appeals made to from the High Court?
Civil matters: Court of Appeal (Civil Division) or, if point of general importance, to Supreme Court.
Criminal matters: Supreme Court
70
The Chancery Division of the King's Bench Division deals with what cases?
Contracts for land
Matters relating to trusts
Administration of estates of dead people
Contested wills
Winding up of companies
Bankruptcies
Mortgages
Charities
IP
Confidentiality
Taxation
Appeals from County Courts on bankruptcy and land
71
Who is the Chancellor of the High Court?
The President of the Chancery Division
72
What is concurrent jurisdiction? To what problem does it lead?
A situation when a case can be heard at more than one court.
The situation leads to forum shopping as parties will have their criminal or civil case be heard in the court that they perceive will be the most favorable for them.
73
What is the Companies Court of the Chancery Division of the High Court concerned with?
Mainly with company liquidation proceedings.
74
In which case does the County Court have concurrent jurisdiction with the Companies Court of the Chancery Division of the High Court?
When the share capital of the company does not exceed 120,000, provided that the County Court has bankruptcy jurisdiction.
75
In England and Wales, what are the family courts?
The Family Division at the High Court
The Family Court
76
How and when was the Family Court created?
Crime and Courts Act 2013
It merged the family functions of the county courts and magistrates' courts into one.
77
Which cases are heard in the Family Division of the High Court instead of the Family Court?
A limited number of cases are heard in the Family Division of the High Court, for example cases involving international child abduction and cases involving the inherent jurisdiction of the High Court. The Family Division of the High Court also hears appeals from certain decisions made by Circuit Judges and Recorders in the Family Court.
78
Who heads the Family Court and Family Division of the High Court?
The President of the Family Court
79
A High Court Judge sitting in the Family Division of the High Court hears which two types of appeals?
How does that compare to the Court of Appeal hearing appeals?
Decisions made by Circuit Judge or Recorder in private child law proceedings
District Judge of the Higher Court or a Senior District Judge of the Family Division
For the Court of Appeal, it is the following two types:
Circuit Judge or Recorder in PUBLIC child law proceedings
High Court Judge
80
In family law, where are claims involving disputes in London dealt with?
Who conducts them?
At the Royal Courts of Justice
High Court Judges who sit in the High Court of Justice
81
What is meant with interim matters?
When one party complains that another party has not complied with procedural rules of court or urgent interim matters
82
Who deals with interim matters in the Family Division of the High Court?
District Judges in chambers (not open courts)
83
In which civil cases does a right to trial by jury exist?
False imprisonment
Malicious prosecution
Charge of fraud
84
The right to a trial by jury can be found in which acts for County Court and High Court (King's Bench Division)
County Court: County Courts Act 1984
High Court: Senior Courts Act 1981
85
In which case can a trial by jury be rejected?
If the trial is likely to involve long and complex examination of documents, accounts or scientific evidence.
86
What is the role of the jury in criminal and civil proceedings?
What is the role of the judge in comparison?
The role of the jury is the "finder of the fact"
The judge has the sole responsibility of interpreting the appropriate law and instructing the jury accordingly
87
What is the size of the jury in the County Court and the High Court and Coroner's Court?
County Court: 8 at the start of the trial (minimum 7 overall)
High Court: 12 at the start of the trial (minimum 9 overall)
Coroner: 7-11 at the start of the trial, no minimum number
88
How are civil juries selected?
How can jurors be challenged and be asked to step down?
By ballot
Can be challenged by cause such as proven bias
89
What majorities have been accepted in the County Court and High Court for verdicts to be accepted?
County: 7:1
High Court: 9:1, 10:1; 11:1
89
What majorities have been accepted in the County Court and High Court for verdicts to be accepted?
County: 7:1
High Court: 9:1, 10:1; 11:1
90
In which cases must a coroner summon a jury from 7-11 persons?
Person died in police custody
Death caused by police officer carrying out his duties
91
Acts relating to the minimum and maximum size of juries for County Court, High Court, and Coroner Court
County Courts Act 1984
Juries Act 1974
The Coroners and Justice Act 2009
92
The book mentions Insolvency and Companies List and Revenue List. What are those and to which courts are they associated?
They belong to the Chancery Division of the High Court.
The Insolvency and Companies List deals with applications under the Companies Act and insolvency matters
The Revenue List deals with significant points of principle relating to taxation
93
Where can the Patents Court be found?
Chancery Division of the High Court
94
Examples of Tribunals (3)
Employment Tribunals
Mental Health Act Tribunals
Professional Disciplinary Bodies (e.g., the Solicitors' Disciplinary Tribunal)
95
What is a point of law?
A point of law is a theoretical legal concept that refers to the application of principles of law to particular facts.
96
Where are appeals for civil cases heard?
County Court
High Court (any 3 divisions)
Court of Appeal
97
To appeal directly to the Court of Appeals in civil cases, what is required?
A permission from the lower court. If that is not granted, a permission to appeal can be requested at the Court of Appeal.
98
For appellate courts, what changes did 2009 bring?
The Appellate Committee of the House of Lords, the then highest court in the UK, was replaced by the Supreme Court (in civil cases).
In Criminal cases, it used to be the highest court for England, Northern Ireland, Wales (not for Scotland).
99
Appeals from the County Court are heard before which Judge or Court? Which are the exceptions?
A Circuit Judge hears appeals from the decision of a District Judge.
Exceptions: Fast Track cases go a higher Judge.
Cases under Companies Act or relating to insolvency or family law go to the High Court. The High Court hears all appeals from decisions of Circuit Judges sitting in the County Court.
100
Permission to appeal to County Court decisions will be given in which cases?
a) The court considers that the appeal would have a real prospect of success
b) There is some other compelling reason why the appeal should be heard
101
What is a Habeas corpus?
A recourse in law through which a person can report an unlawful detention or imprisonment to a court and request that the court order the custodian of the person, usually a prison official, to bring the prisoner to court, to determine whether the detention is lawful.
102
What is a contempt of court?
'Contempt of court' happens when someone risks unfairly influencing a court case. It may stop somebody from getting a fair trial and can affect a trial's outcome. Contempt of court includes: disobeying or ignoring a court order.
103
What is a committal order?
A written order of a court directing that someone be confined for prison, normally issued as a result of non-compliance with a previous court order.
104
In which cases is no permission required to make an appeal?
a) Committal order
b) Refusal to grant Habeas corpus
105
In which cases can appeals against a judgement in the Small Claims Court be made to a Circuit Judge?
What is the notice of appeal requirement?
Are second appeals permitted? To whom?
If there has been an error of law or there was a serious irregularity in the proceedings.
Notice must be lodged within 21 days of the date of the decision.
Second appeals are permitted, under very limited circumstances, where the cases raises an important point of principle or practice or there is some other compelling reason for the Court of Appeal to hear the case.
106
Why are there such strict limitations to make appeals to the Court of Appeals?
Tanfern Ltd v Cameron-MacDonald [2000] 1 WLR 1311, the court noted that the Lord Justices of Appeal were a valuable and scarce resource and reasons of logistics and overwork necessitated the imposition of limits on appeals.
107
What kind of judges are in the High Court?
High Court Judges
Masters (less senior judges)
108
Over which cases do Masters in the High Court preside?
Less complex cases.
109
In civil cases, most appeals from the High Court are made to ..
the Court of Appeal.
If a Master presided over a case, the first appeal goes to a High Court Judge first.
110
If a case from Master is appealed to a High Court Judge, can a second appeal be made? If so, to whom?
Yes, to the Court of Appeals. But these appeals are often rejected.
111
Permission to appeal against a decision of the High Court can be made under which circumstances?
a) The court considers that the appeal would have a real prospect of success
b) There is some other compelling reason why the appeal should be heard
112
wgIn High Court cases, where is permission not required?
Same as for the county court, a) committal orders, b) when there is granting or refusal to grant a writ of habeas corupus
113
What is a writ? (in German)
Anweisung, Gerichtsbefehl
114
In which cases can appeals from the High Court be heard directly by the Supreme Court?
a) Where a case involves a point of law of general public importance which either involves the interpretation of a statute or is one where a trial judge is bound by a previous decision of the Court of Appeal or Supreme Court of the UK or its predecessor
b) Where the trial judge has granted a certification and and the Supreme Court has given permission to appeal
115
What is the "leapfrogging" procedure referred to?
When a case can bypass appeal in the Court of Appeal and can instead be heard directly at the Supreme Court
116
Besides the leapfrogging procedure in civil law cases, there exists an alternative leapfrogging procedure in criminal law cases. In which cases can it be used?
With which act has it been introduced?
The Criminal Justice and Courts Act 2015.
A case may be eligible if it involves a point of law that is of general importance which either is
a) entails a decision relating to the matter of national importance
b) the result of proceedings is so significant that hearing by the Supreme Court is justified
c) the judge is satisfied that the benefit of earlier consideration by the Supreme Court outweigh the benefits of consideration by the Court of Appeal
117
Besides cases in civil and criminal proceedings (generally), there exist three more leapfrogging procedures for special case types. Which?
Appeals against the Upper Tribunal, Employment Appeals Tribunal and Special Immigration Appeals Commission
118
When using the "leapfrogging" procedure, can a second appeal be made?
Yes, to the Supreme Court (from the Supreme Court to the Supreme Court), if the Supreme Court has given the permission.
119
What divisions does the Court of Appeal have? (simple)
Civil Division
Criminal Division
120
How many judges does the Court of Appeal have? How are they called?
Lords and Lady Justices of Appeal, up to 37
121
How is the Head of the Civil Division of the Court of Appeal called?
The Master of Rolls
122
Which kind of civil cases are heard for appeal at the Civil Division of the Court of Appeal?
County Court: Multi-track cases
High Court of Justice: All three divisions
123
For civil appeals to the Court of Appeals, what is required to make an appeal? (standard question)
Permission is required from a court of first instance.
Where permission is refused by a lower court, a further application may be made at the Court of Appeals.
124
Under which conditions can a permission be issued to present a case for appeal to the Court of Appeal?
Which Act?
When is a permission is not required?
a) Court considers that the appeal would have a real prospect of success
b) There is some other compelling reason why the appeal should be heard
Civil Procedure Rules Act 1997 (resulting in Civil Procedures 1998)
Not required in a committal order or when there is a grating of or refusal to grant a writ of habeas corpus.
125
Which court has jurisdiction over devolution disputes in the UK?
Supreme Court
126
An application to the Supreme Court must be made within which deadline?
28 days from the date of the order or decision of the court below which is to be appealed.
127
What is a key difference between the Supreme Court in the US and the Supreme Court in the UK?
The Supreme Court in the UK does not have the power to strike out primary legislation.
128
What are alternatives to a civil action?
Negotiated settlement
Alternative dispute resolution (mediation and arbitration)
129
What does ADR stand for?
Alternative Dispute Resolution
130
What is the most common form of ADR?
Mediation
131
What is a negotiated settlement?
Settlement reached outside courts
132
What does a mediator do?
Facilitates parties to reach a settlement
133
What are the up- and downsides of mediation?
Upsides:
-cheaper and quicker
-may not be as damaging to relationship of parties as court proceedings
Downsides:
-not binding
-solution is not guaranteed
-parties can withdraw anytime from the process
134
Is the use of alternative dispute resolution embedded in law?
Yes, rule 1.4 of the Civil Procedure Rules 1998 that a court's active task management is "encouraging parties to use alternative dispute resolution procedure if the court considers it appropriate and facilitating the use of such procedure"
135
Can discussions raised in a mediation process be raised in court?
No. Contents of a mediation process are confidential.
136
Adjudicate meaning in German
richterlich anerkennen / zusprechen
137
What is the result of a successful mediation procedure?
A mediation agreement. It is legally enforceable and binding.
138
Is it possible for contracts to contain a clause that disputes must be settled with arbitration rather than court proceedings?
Yes
139
To reconcile: Adjective
Conciliatory
140
Is arbitration regulated in a law?
Yes, Arbitration Act 1996
141
How does the arbitration procedure compare to court proceedings?
The parties have control over the procedure. The rules can be altered to some extent to meet the parties' needs.
142
What is the general criticism of arbitration?
Too informal and arbitrary
