The legal system: the civil courts and other forms of dispute resolution Flashcards
Where are civil case dealt with?
Civil cases are mainly dealt with by county courts and typically relate to debt (these generally being issued for a specified amount of money), the repossession of property, personal injury (these generally being issued for an unspecified amount of money), the return of goods and insolvency. Civil cases are essentially about the resolution of disputes between individuals, and most housing cases fall into this category. They can involve a public body when acting in a private law capacity. There is a separate procedure for challenging the public law duties of public bodies called judicial review.
What is a tribunal structure?
tribunal structure: Cases are heard before a Tribunal consisting of three members, typically comprising the President or one of the Tribunal’s Chairs and two Ordinary Members. The Tribunal’s Chairs are supplemented by specified judges of the Court of Session of Scotland or the High Courts of England and Wales or Northern Ireland. Tribunals are specialist judicial bodies which decide disputes in a particular area of law.
What are common forms of ADR?
adjudication
mediation
arbitration and
expert determination.
What is an Alternative Dispute Resolution? (ADR)
Alternative dispute resolution (ADR) is the term used to describe ways of resolving a dispute without having to go to court. There are many different forms of ADR, but the one thing they have in common is that they all have the potential to resolve a dispute without any court involvement. This is why it is referred to as ‘alternative’ – it’s an alternative to litigation (settling in a court of law).
What is the process of appeal in a civil court?
If someone loses their case, they may then have to consider whether or not to appeal. An appeal is where the losing party asks the court to reconsider the ruling of the lower court – either in whole or in part. Some appeals can be brought as of right because there is an automatic right to appeal. However, most decisions can be appealed only with the court’s permission. This is called ‘leave of the court’.
Rulings of county court district judges may be appealed to county court circuit judges, and if further appeal is required – to the Court of Appeal.
Initial rulings of the county court circuit judges are appealed to the High Court.
Initial rulings of the High Court are appealed to the Court of Appeal and, from there, to the Supreme Court. Appeals to the Supreme Court invariably need the permission of either the Court of Appeal or the Supreme Court.
Appeals from the Upper Tribunal and the Employment Appeal Tribunal are heard by the Court of Appeal.
What is negotiation?
Negotiation is a direct discussion of differences between parties involved in a family law dispute, in an effort to resolve these issues. Negotiation may be used to resolve an already existing problem, the roles of mediation: agree that they want to try to negotiate a settlement of the issues. Mediation tends to be more cost-effective and flexible, and less formal, than some of the other forms of ADR. Disputes can often be settled quickly, sometimes in as little as a day, but it does require both parties to participate fully and work together to reach a settlement.
Explain the track system:
he small claims track is for lower value cases with a value of £10,000 or less. These cases are generally simpler and have a shorter trial time of one day or less. They are typically heard in the county court.
The fast track is for cases with a value between £10,000 and £25,000, which are more complex than small claims cases. These cases usually have a trial time of one to three days and are heard in the county court.
The multi-track is for higher value and more complex cases with a value of over £25,000. These cases require more resources and time to be heard and are typically heard in the High Court or the county court.
Cases are allocated to a track based on their value, complexity, and the amount of time required for the hearing. The track allocation also determines the level of pre-trial procedures that are necessary, such as disclosure of evidence, witness statements, and expert reports.
The aim of the track system is to ensure that cases are heard efficiently and cost-effectively, with the appropriate level of resources allocated to them. It also helps to ensure that court resources are used effectively, with more complex cases receiving more attention and resources from the court.
What is the track system used for:
The aim of the track system is to ensure that cases are heard efficiently and cost-effectively, with the appropriate level of resources allocated to them. It also helps to ensure that court resources are used effectively, with more complex cases receiving more attention and resources from the court.
