Unit 1 - Civil Courts & ADR Flashcards
What are civil claims?
Made when an individual or business believes that their rights have been infringed.
What are examples of civil law and what types of claims are there?
Examples of civil law - contract, tort, family, employment
Types of claims - money owed, damages, injunction
What is the County Court?
- Try cases at first instance
- Cases heard by a circuit judge or a district judge
E.g.
- Contract & tort claims
- Recovery of land
What is high court?
- 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
Appeal routes from the county court
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
Appeal route from the high court
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
What is the pre-trial procedure
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.
What are the 3 civil case tracks?
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
What are the advantages of civil courts?
- 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
What are the disadvantages of civil courts?
- 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
What is ADR?
- 60% of cases
- Introduced by LCJ Woolf
- Resolving disputes before court
- Encouraged by civil judges
- Stay proceedings while ADR is tried
Mediation TPPO
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
Negotiation TPPO
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
Advantages of mediation
- 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
Disadvantages of mediation
- 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
Advantages of negotiation
- 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
Disadvantages of negotiation
- 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
What do is the role of tribunals
To enforce rights which have been granted through the social and welfare legislation e.g. protected characteristics or redundancy pay
What was the tribunals, courts and enforcement act 2007
Reformed the whole system and simplified the previously complicated structure
What are the tiers of tribunals
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
What is the procedure of tribunals?
- 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
What is the outcome of tribunals?
- Decision made by a panel
- Decision is binding
- Decision can be appealed
What is the appeal route for tribunals?
First tier -> upper tier -> civil court of appeals -> Supreme Court
What are the advantages of tribunals?
- 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
