Unit 1 - Civil Courts & ADR

Question 1

What are civil claims?

Answer 1

Made when an individual or business believes that their rights have been infringed.

Question 2

What are examples of civil law and what types of claims are there?

Answer 2

Examples of civil law - contract, tort, family, employment

Types of claims - money owed, damages, injunction

Question 3

What is the County Court?

Answer 3

• Try cases at first instance
• Cases heard by a circuit judge or a district judge

E.g.
- Contract & tort claims
- Recovery of land

Question 4

What is high court?

Answer 4

• Try cases at first instance
• Cases heard by High Court Judge

3 Divisions
- King’s Bench, deals with contract and tort where the claim is over £100000
- Chancery Division, enforcement of mortgages, property and private matters
- Family Division, custody disputes and matters from the family court

Question 5

Appeal routes from the county court

Answer 5

District judge -> circuit judge -> civil division of the court of appeal

Circuit judge -> high court judge -> civil division of the court of appeal

To go to the court of appeal is called further appeal and only happens in cases of national importance or where there is a compelling reason under section 55 of the access to justice act 1999

Question 6

Appeal route from the high court

Answer 6

High court -> court of appeal -> Supreme Court

The court of appeal/supreme court must give permission for the appeal

Leapfrog - cases go directly from the high court to the Supreme Court in cases of national importance

Question 7

What is the pre-trial procedure

Answer 7

Pre-action protocols - things that must be done, information shared between parties

Court - dependent on cost of claims, county or high court

N1 form - filled out by claimant who will also be charged a fee

Defendant receives N1 form either agrees and pays or disagrees and fills out an N9 form to bring their defence to court

The case is then allocated a track.

Question 8

What are the 3 civil case tracks?

Answer 8

Small claims - county court, district judge, claims of <£10000 or PI <£1000

Fast track - county court, circuit judge, £10000 - £25000, PI £1000 - £50000

Multi track - county or high court, circuit or high judge, >£25000 PI >£50000, complex cases involving evidence or witnesses or long trials

Question 9

What are the advantages of civil courts?

Answer 9

• The outcome is legally binding
• Certainty that the matter will be resolved
• Comprehensive appeals process
• Compulsory once defendant receives N1 form
• Specialist divisions
• Legal aid

Question 10

What are the disadvantages of civil courts?

Answer 10

• Long wait times
• Cost of case may be higher than the amount being claimed, especially in small claims court where there is no legal aid
• Richer businesses can afford better lawyers
• Damages future relations as parties are unwilling to compromise
• Difficult for an ordinary person to take a case to court without legal advice

Question 11

What is ADR?

Answer 11

• 60% of cases
• Introduced by LCJ Woolf
• Resolving disputes before court
• Encouraged by civil judges
• Stay proceedings while ADR is tried

Question 12

Mediation TPPO

Answer 12

Type - family cases usually

People - Two parties and legal reps + neutral 3rd party (mediator)

Procedure - Mediator helps parties reach a compromise but does not offer an opinion, purely to facilitate the conversation. The parties have full control of time and place and may withdraw at any time

Outcome - agreement is written down and is signed by both parties, therefore is legally binding. If no resolution is reached the case is settled in court

Question 13

Negotiation TPPO

Answer 13

Type - is the starting point of any case

People - 2 parties and their legal reps

Procedure - there is no fixed procedure. Parties try and reach a compromise and have full control over time and place, can withdraw at any time. There are no costs involved unless lawyers

Outcome - agreement written down and legally binding. No agreement means the case goes to court

Question 14

Advantages of mediation

Answer 14

• The mediator is objective and has the primary goal of resolving the dispute
• Preserves the relations between parties
• Flexible bc a compromise can be reached
• Both parties have to sign an agreement in order for it to be legally binding
• Cost effective
• Informal

Question 15

Disadvantages of mediation

Answer 15

• A result isn’t guaranteed
• Mediator may not be skilled
• Parties may be unwilling to compromise
• Unresolved cases means the cost of mediation was wasted
• Parties can withdraw at any time
• Power imbalances
• Settlements are often lower than court awards

Question 16

Advantages of negotiation

Answer 16

• Private
• Quick and inexpensive
• Maintains relationships between parties
• Compromise can be reached so there are a wide range of outcomes
• Informal and therefore less stressful
• Legally binding agreement

Question 17

Disadvantages of negotiation

Answer 17

• Involving a solicitor may be costly
• Offers often not agreed until court so may be a waste of time
• Parties may think they are not receiving as much as if they went to court
• May be uncooperative
• Power imbalances
• May be used as a stalling tactic

Question 18

What do is the role of tribunals

Answer 18

To enforce rights which have been granted through the social and welfare legislation e.g. protected characteristics or redundancy pay

Question 19

What was the tribunals, courts and enforcement act 2007

Answer 19

Reformed the whole system and simplified the previously complicated structure

Question 20

What are the tiers of tribunals

Answer 20

First tier - first instance, judges and lay members who have expert knowledge. 7 chamber including taxation, asylum & immigration and general regulatory chamber

Upper tier - appeals from the first tier. 4 chambers including tax & chancery, lands, asylum & immigration and administrative appeals

Question 21

What is the procedure of tribunals?

Answer 21

• Both sides put their case forward, can be informal or formal. Involves witnesses and evidence
• Legal representation - expensive, most people can’t afford and their is limited legal aid available

Question 22

What is the outcome of tribunals?

Answer 22

• Decision made by a panel
• Decision is binding
• Decision can be appealed

Question 23

What is the appeal route for tribunals?

Answer 23

First tier -> upper tier -> civil court of appeals -> Supreme Court

Question 24

What are the advantages of tribunals?

Answer 24

• Cheap, rare to have legal representation
• Quick hearings, short, 1 day
• Informal - heard privately & parties present their own cases
• Expertise - 2 lay members have good subject knowledge

Question 25

What are the disadvantages of tribunals?

Answer 25

• Lack of funding and legal aid, one side may be at a disadvantage
• More formal than other ADR, confusing and unfamiliar for regular people and the judges don’t always help
• Delays due to the number of cases, lay people only work part time