Unit 1: Civil Courts and ADR

Question 1

When do Civil Claims arise?

Answer 1

When an individual or a business have had their rights infringed in any way by another party.

Question 2

How are Civil Claims different from a Criminal case?

Answer 2

You don’t get punished.

Question 3

Three examples of Civil Law

Answer 3

• Contract claim
• Personal injury claim
• Injunction

Question 4

Who would you consult to get advice about your case?

Answer 4

• Lawyer

- Citizen Advice Bueauru

Question 5

What would you need to do if the other side refuses to compromise?

Answer 5

-Start a claim

Question 6

What do you need to check before starting a legal proceeding?

Answer 6

-They have the money.

If not you may waste both your time and money!

Question 7

Whats the first step in civil action?

Answer 7

• ADR
• Tribunals

Going to court is last resort.

Question 8

What is Pre-Action Protocol?

Answer 8

Before court proceedings can begin the parties to a civil case are encouraged to follow a pre-action protocol.

This is a list of things to be done, and information to be given to the other side

Question 9

How many Pre-Action Protocol steps?

Answer 9

4

Question 10

Pre-Action Step 1

Answer 10

Once that information has been shared, the Claimant completes a claim form and sends it to the relevant court

The court then sends that information to the defendant, named on the claim form

Question 11

Pre-Action Step 2

Answer 11

Response is sent from defendant

If there is no response at all to the claim from the defendant within 14 days, then there will be a default judgement for the claimant

Question 12

Pre-Action Step 3

Answer 12

Form of admission might be sent

This will include an offer to pay and the court will determine the amount of damages

If NO admission

There will be an Acknowledgement of service and/or Form of defence.
An acknowledgement is a brief summary of the defence (and adds time to respond)
A form of defence is a fuller explanation

Question 13

Pre-Action Step 4

Answer 13

Allocation questionnaire then sent from claimant to defence

The court will then choose one of three tracks

REMEMBER
A claim can be settled at any stage in the process

Question 14

Two types of courts where civil cases are tried

Answer 14

County Court

High Court

Which court is used is determined by allocation to one of the three tracks

Question 15

About County Court

Answer 15

There are about 200 County Courts located around the country, in most large towns / cities

Cases are heard in open court and the public can attend

Claimant / Defendant are usually represented, normally by a solicitor / legal executive but sometimes by a barrister

Question 16

About High Court

Answer 16

Based in London but also has regional centres in other cities (26)

Separated into Divisions that deal with different areas:

Queen’s Bench Division – contract, tort, land etc judicial review of delegated legislation

Chancery Division – insolvency, mortgages, IP

Family Division – divorce settlements, child related issues

Question 17

Three Tracks

Answer 17

Small Claims
Fast Track
Multi Track

Question 18

Why Three Tracks were introduced?

Answer 18

In 1999, the Civil Procedure Rules were introduced following the Woolf Report’s recommendations

Introduced as a way of simplifying the legal process

Was supposed to speed up justice

Provide a cheap way of ensuring cases were resolved

Question 19

How many cases go through court?

Answer 19

Approx 1.5 million cases started every year

Only a small number actually go to trial

Approx 33,000 low value claims
Approx 12,000 cases tried in County Court / High Court
All other cases resolved before getting to trial

Question 20

About Small Claims track

Answer 20

Used for disputes under £10,000
OR
Personal injury / housing cases under £1,000

People encouraged to take their own case
Cannot claim the cost of a lawyer from the losing party

District Judge (County Court) expected to take an active, inquisitorial role

Court fee ranging from £25-£108 depending on case

Question 21

About Fast track

Answer 21

Claims between £10,001 and £25,000

County Court sets out a very strict timetable to prevent either side from wasting time / running up unnecessary costs

Aim is to hear the case within 30 weeks

Actual wait for a hearing is around 56 weeks

Trial will be usually heard by a District Judge in the County Court

More complicated cases will be heard by a Circuit Judge

Heard in open court with a more formal procedure than for small claims

Hearing is limited to 1 day

Usually only 1 expert witness allowed

Question 22

About Multi track

Answer 22

For cases over £25,001 OR
For complex cases under this amount

Heard in either the County or the High Court
£25,000 - £100,000 County Court
£100,000 + High Court

Exceptions: Personal Injury cases the max is £50,000 for the County Court and Defamation cases are always heard in the High Court

Case will be heard by a Circuit Judge

A different Circuit Judge will ‘manage’ the case
sets timetable and may order documents to be produced

Case will be much more expensive
Time between issuing claim & trial = approx 3 years
Money: lawyers & court fees

Question 23

Small Claims Track Advantages

Answer 23

Low cost
Represent yourself
Quick
Help available from judge

Question 24

Small Claims Track Disadvantages

Answer 24

Allocation fee
No legal funding (but ‘no win, no fee’)
Judges aren’t that helpful
Might not get your money

Question 25

Fast Track Advantages

Answer 25

Faster than the old system
Allowed a witness
Legal Representation

Question 26

Fast Track Disadvantages

Answer 26

Still takes a long time
Witness is usually limited to 1
Cost can be higher than the claim amount

Question 27

Multi Track Advantages

Answer 27

Faster than the old system
Allowed as many witnesses as you want
Legal Representation
Highly complex cases are dealt with by specialist courts

Question 28

Multi Track Disadvantages

Answer 28

Takes a very long time
Costs incurred have no upper limit
Courts can’t cope with the demand
Highly complex cases may not be worth the usual value

Question 29

What is an appeal?

Answer 29

Once a decision has been made in either Court, there is always the opportunity to appeal against the decision

This is a request for the case to be looked at again, usually on a point of law

Question 30

What are the 3 appeal courts?

Answer 30

The High Court Divisional Court

The Court of Appeal (civil division)

The Supreme Court

Question 31

About The High Court Divisional Court

Answer 31

Separated into the same divisions as the normal High Court

2/3 Judges from that division hear the appeal

Question 32

The Court of Appeal (civil division)

Answer 32

38 Lord Justices of Appeal, headed by the Master of the Rolls

Leave to appeal required – chance of success

Question 33

The Supreme Court

Answer 33

12 Justices of the Supreme Court

Leave to appeal required – of national importance

Question 34

Appeal Routes

Answer 34

From the High Court

Appeal usually goes to the Court of Appeal (Civil Division)

In rare cases, this may be “leapfrogged” if the case is of national public importance and there are benefits to an early decision from the Supreme Court

Further appeal to Supreme Court only allowed in rare circumstances

Question 35

Other Appeals

Answer 35

If a case involves a point of EU Law, then ANY court that hears the case may refer it to the Court of Justice of the European Union using Article 267 of the EU Treaty

This court provides a ruling on how the EU provision is to be interpreted, and the ruling will apply to all Member States