The Legal System: the civil courts and other forms of dispute resolution

Question 1

what are some main areas of civil law?

Answer 1

civil claims are to say that these arise when an individual or a business believes that their right have been infringed in some way, some of the main areas of law (civil) are contract law, law of tort, family law, employment law and company law

Question 2

what is the normal way to try and resolve a dispute which involves civil law?

Answer 2

a company may claim money is owed to them (contract law), an individual may be claiming compensation for injuries suffered in an accident (the tort of negligence). when a dispute occurs its normal to try and negotiate it with other person/business. a case should be started in courts as a last resort.

Question 3

what are the main areas of jurisdiction of the county courts?

Answer 3

all contract and tort claims, all cases for the recovery of land, dispute3s over equitable matters such as trusts up to a value of £350,000

Question 4

what types of cases does the Queen’s Bench Division of the High Court hear?

Answer 4

it deals with contract and tort cases where the amount claimed is over £100,000, it can hear smaller claims where there is an important point of law

Question 5

which civil cases use a jury?

Answer 5

defamation cases

Question 6

what are the specialist courts within the Queen’s Bench Division of the High Court?

Answer 6

commercial court which deals with insurance, banking and other commercial matters

Question 7

what types of cases does the Chancery Division of the High Court hear?

Answer 7

involves disputes concerned with such maters as; insolvency, enforcement of mortgages, disputes relating to trust property, copyright and patents, intellectual property manners

Question 8

what types of cases does the family division of the high court hear?

Answer 8

all national and international cases concerning family

Question 9

what are pre action protocols?

Answer 9

a list of things to be done and if the parties do not follow the procedure and give required info to the other party, they may be liable for a claim

Question 10

where do you start your case if it is for less than £10,000 in general damages (£1000 in personal injury)?

Answer 10

small claims track

Question 11

where do you start your case if it is for less than £100,000 (£50,000 in personal injury)?

Answer 11

county court

Question 12

where do you start your case if it is for more than £100,000 (£50,000 in personal injury)?

Answer 12

high court or county court

Question 13

how does a claimant go about beginning to make a claim? what do they have to fill in?

Answer 13

if someone is using the county court they can choose to issue the claim in the country, if they are using the high court, then they can go to one of the 20 district registers or the main court in london

Question 14

what three things may a defendant do when they receive a claim?

Answer 14

ignore the claim form, pay, or dispute

Question 15

if the defendant disputes the claim, the relevant judge has to allocate the claim to a track. how do they decide which track to allocate it to?

Answer 15

both parties are sent an allocation questionaire

Question 16

explain some details of the small claims track

Answer 16

for disputes under £10,000, except personal injury cases where the limit is at the time of writing £1000

Question 17

explain some details of the fast track

Answer 17

straightforward disputes of £10,000 to £25,000

Question 18

explain some details of the multi track

Answer 18

cases over £25,000 or complex cases under this amount

Question 19

if your original case was heard by a district judge in county court, where do you appeal to?

Answer 19

a circuit judge will hear the appeal

Question 20

if your original case was heard by a circuit judge in the county court where do you appeal to?

Answer 20

high court judge

Question 21

if you disagree with the decision of your first appeal from the county court judgement, where may you be able to appeal to?

Answer 21

the next judge in the hierarchy

Question 22

where does SC. 55 of the access to justice state?

Question 23

where is an appeal from an original decision in the high court heard?

Answer 23

court of appeal

Question 24

explain what is meant by a ‘leapfrog appeal’?

Answer 24

when an appeal goes from the high court to the supreme court, this only happens when there is an issue of national importance and there must be permission from the supreme court to appeal

Question 25

what is the final court of appeal in most civil cases?

Answer 25

supreme court

Question 26

summarise what Lord Woolf said were the key characteristics of a civil justice system in his report in 2009

Question 27

have the reforms been successful? summarise what has changed for the better but what still needs to improve after the Woolf Reforms

Question 28

what are Lord Briggs too main recommendations?

Question 29

what are the advantages of using civil court system to resolve civil disputes?

Answer 29

-Fairness: the judge should be impartial, and everyone is treated the same with trained lawyers using legal expertise
-Better enforcement
-Possibility of appeal
-Family court: cases are now dealt with in a less formal court environment and they’re not open to public or press

Question 30

what are the disadvantages of using the civil court system to resolve civil disputes?

Answer 30

-Slow: system is very slow, small-claims can take up to 29 weeks to be heard. fast-track take about 48 weeks to go to trial and multi-track often take years.
-Cost: tend to be expensive
-Complex
-Lack of resources

Question 31

what is a tribunal?

Answer 31

-it is similar to a court in structure and are an alternative way of resolving a dispute
-given legal status by the Tribunals and Enquiries Act 1958
-There are currently over 100 different types of tribunals operating, hearing around one million cases per year.

Question 32

what are the two types of tribunal?

Answer 32

Domestic and administrative

Question 33

what are domestic tribunals?

Answer 33

these are set up by professional bodies and deal with internal disputes relating to professional or personal misconduct

Question 34

what are administrative tribunals?

Answer 34

these deal with disputes between the individual and the state. examples include: Social Security Appeal Tribunal; dealing with disputes over claims for state benefits

Question 35

what is the procedure of tribunals?

Answer 35

-usually have a legally qualified chairperson and two lay people
-semi formal with each party expected to present their own case
-parties can represent themselves, or use third-party such as union representative, or a lawyer
-each case is decided on its own merits
-tribunal make an award which could include damages, injunctions, or reinstatement
-these awards can be enforced by the high court

Question 36

what is mediation?

Answer 36

a process where a third party acts as a messenger between the parties to assist in resolving the dispute

Question 37

what types of disputes use mediation?

Answer 37

mediation is compulsory in family cases, Family Law Act 1996.
also used for smaller disputes, e.g. neighbour disputes and many trade associations such as the NHS complaints procedure encourage mediation

Question 38

who are the people involved in mediation?

Answer 38

the mediator helps the parties resolve their dispute, the mediator could range from a friend to a fully qualified professional. solicitors can attend with clients but are not encouraged

Question 39

what is the process of mediation?

Answer 39

-usually takes place in neutral setting
-mediators role is to encourage communication between the two parties
-parties do not have to meet
-mediator does not act as advisor, they are neutral
-mediator can help parties define issues but parties themselves must find a solution to the dispute. settlement cannot be forced upon the parties
-if settlement reached, agreement is written down and becomes a legally binding agreement
-if no settlement, dispute may continue in court

Question 40

is mediation voluntary?

Answer 40

yes, apart from in family cases

Question 41

is mediation informal?

Answer 41

yes

Question 42

what is conciliation?

Answer 42

a more formal method of dispute resolution. a conciliator, an independent third party, will actively assist the parties to resolve the dispute. the conciliator is neutral. he will suggest terms of settlement to the parties and will advise on offers put forward by the parties during negotiation. this is the main difference between mediation and conciliation.

Question 43

what types of dispute are involved in conciliation?

Answer 43

the advisory, conciliation and arbitration service offer a wide range of conciliation services. this is a government funded service to help parties resolve disputes. used most often in employment disputes.

Question 44

what people are involved in conciliation?

Answer 44

could involve all three parties being together, or the conciliator holding discussions with both parties separately or through written submissions

Question 45

what is the process of conciliation?

Answer 45

generally, conciliator will organise a meeting at a time and place convenient to all parties. parties attend with legal advisers. conciliation will proceed as mediation except for conciliators added powers of intervention

Question 46

is conciliation voluntary?

Answer 46

yes

Question 47

is conciliation formal?

Answer 47

more formal than negotiation

Question 48

what is arbitration?

Answer 48

a formal method of dispute resolution. it is where the parties refer the dispute to a third party, who will act like a judge and give a decision on the dispute which is called an award

Question 49

what types of dispute are involved in arbitration?

Answer 49

large commercial contracts will contain an arbitration clause. package holiday contracts usually include a clause providing for arbitration through ABTA. Big employment disputes often use the arbitration service offered.

Question 50

what people are involved in arbitration?

Answer 50

arbitrator is independent of the parties and an expert in area of dispute

Question 51

what is the procedure of arbitration?

Answer 51

arbitration act 1979 and 199
-agreements to arbitrate must be in writing, scott v avery clause
-if there is not an arbitration clause in a contract, the court will refuse to deal with the case unless and until it has gone through arbitration
-both parties must agree to the chosen arbitrator and to be bound by his decision
-the parties and the arbitrator can agree the procedure; including time and place
-each party will put forward its case and evidence, witnesses can be cross examined
-arbitrator charges a fee for conducting, lawyers can be involved but it is discouraged
-no automatic right of appeal

Question 52

is arbitration voluntary?

Answer 52

the parties agree arbitration. it is not forced upon them

Question 53

is arbitration formal?

Answer 53

yes

Question 54

what are the advantages of tribunals?

Question 55

what are the disadvantages of tribunals?