The Legal System - Civil Courts + ADR

Question 1

Percentage of Civil law and Criminal law

Answer 1

Civil- 95%

Criminal- 5%

Question 2

What awards are available in civil court

Answer 2

Compensation- damages

Injunction- getting defendant to do something or stop doing something

Question 3

Why should taking someone to court be last resort

Answer 3

It’s very expensive and can cause a lot of stress on people

Question 4

What if negotiations fail

Answer 4

A solicitor usually writes to the other party outplaying claim - usually sorts things out.

Question 5

Lowest civil court- County court

Answer 5

Deals with most civil disputes.

Question 6

High court

Answer 6

. Queen’s bench division (largest)
. Chancery division
. Family division

Question 7

Types of claims

Answer 7

. Small claims- deal with amounts under £10,000 (heard in CC)

. Fast track claims- larger amounts between £10,000 and 25,000 (usually in CC)

. Multi track claim- large amounts of money over £25,000 (held in high court)

Question 8

Queen’s bench

Answer 8

Deals with contract and tort worth over £100,000

Question 9

Chancery division

Answer 9

Deals with cases like mortgages and copyright

Question 10

Family division

Answer 10

Deals with family disputes. Usually child custody cases.

Question 11

Civil court hierarchy

Answer 11

County court > high court> court of appeal> Supreme Court

Question 12

What are the Woolf reforms

Answer 12

Recommendations by Lord Woolf saying civil courts weren’t delivering justice in an accessible way. Encouraged the us of ADR, and simplifying documents for example.

Question 13

What is Alternative Dispute Resolution (ADR)

Answer 13

Ways to avoid the cost and stress of going to court:
. Negotiation
. Mediation 
. Conciliation
. Arbitration

Question 14

ADR- Negotiation

Answer 14

With the parties themselves. Can be with our without lawyers.

Question 15

ADR- Mediation

Answer 15

With the two parties with help from a neutral 3rd party. Costs for a mediation panel are around £2,000 a day but considerably less than court.

Question 16

ADR- Conciliation

Answer 16

With the two parties along with a neutral 3rd party. Similar to mediation but 3rd party is actively looking for solutions.

Question 17

ADR- Arbitration

Answer 17

The two parties agree to let the 3rd party making final binding decision. Is a court like scenario but a lot less formal. Both parties have to agree on this.

Question 18

Tribunals

Answer 18

Parties go to a tribunal where a panel of independent people make the decision for them.
. First-tier tribunal
. Upper-tier tribunal hears appeals from first.

Question 19

Advantages of ADR

Answer 19

. Parties can choose their own 3rd party.
. The hearing time and place can be arranged to best suit both parties.
. Cost a lot less than going to court.
. Less formal than court- less stress.

Question 20

Disadvantages of ADR

Answer 20

. Unexpected legal points may arise that cannot be dealt with by non-lawyers.
. Rights of appeal are very limited.
. Delays for commercial arbitration are almost as long as those for court hearings.