1.4 The Legal System Flashcards
(16 cards)
First instance courts meaning
Courts where trials are initiated, rather than held on appeal
Key first instance courts for civil cases
- The County Court
- The High Court - for more complex and substantial cases
How are criminal cases dealt with when they don’t go to court
Alternative dispute resolution (ADR)
Who wrote Access to Justice (1996)
Lord Woolf
What reforms were included in Access to Justice (1996)
- Allowing individual judges greater autonomy in the handling of civil case management
- Introducing a ‘track’ system in the County Court, to put claims in a hierarchical order depending on the value of the claim
- Encouraging other forms of dispute resolution, including ADR
Explain the three-track system
When a claimant applies to go to court to make a civil litigation claim and after a defence is received from the other side, the County Court will allocate the claim to the most appropriate track depending on the value of the claim
What are the 3 ‘tracks’ in the three-track system
- ‘Small claims track’ for straightforward claims of not more than £10,000 excluding personal injury
- ‘Fast track’ for claims between 10k and 25k
- ‘Multi-track’ for claims between 25k and 50k
- High court for more complex claims over 50k
What online systems can be used for making civil claims
- > £10,000 - GOV.UK or the traditional N1 claim form
- For claims between 10-100k, claimants can use the Money Claim Online (MCOL) system or use the traditional N1 form
Civil courts appeal system for the small claims court or the fast track
- A first appeal is head by a next-level judge
- If the case was first heard by a District Judge, the appeal will be to a Circuit Judge
- If first heard by a Circuit Judge, then the appeal is to a High Court Judge
- Possible for a second appeal to the Court of Appeal (Civil Division), but this is only in exceptional circumstances
Civil courts appeal system for the multi-track & High Court
- To the Court of Appeal
- ‘Leapfrog’ appeal possible where an appeal from the High Court skips Court of Appeal and is to the Supreme Court, where a point of general public importance is present
- Possible for further appeal from the Court of Appeal to the Supreme Court, but only if either court gives permission
- Final appeal is possible for a case to be referred to the European Court of Justice, under Article 234 of the Treaty of Rome, if a point of EU law is involved
What are the 2 main alternatives to the civil courts
- Tribunals
- ADR
Tribunals - Structure
- Separated at first instance into:
1. 7 divisions with specific areas of law
2. 4 divisions for appeal - First-tier tribunals hear cases at first instance and upper tribunals hear appeals from the first tier
- There is a possible appeal route to the Court of Appeal and from here an appeal route to the Supreme Court
- A separate first-tier tribunal and upper tribunal exist for disputes involving employment law
Tribunals - Role
Tribunals were established to deal with a wide variety of specific areas of social and welfare legislation which impact everyday life
Examples:
School exclusions, immigration issues or employment rights
4 main types of ADR
- Negotiation
- Mediation
- Conciliation
- Arbitration
Role of negotiation - ADR
The most basic form of ADR, where an individual attempts to resolve the issue directly, privately and possible face to face with the other party
Advantages over litigation - Potentially the cheapest, quickest, most informal way of settling a dispute between parties, as no court or lawyers are involved
Disadvantages compared to litigation - Requires confrontation with the other party, and if the dispute is not settled, the case may go to court, which will involve costs and the court may insist the parties go back to negotiation before trial
Examples - Noise caused by neighbours, returning faulty goods to a shop, receiving poor service from a tradesperson
Role of mediation - ADR
- Slightly more formal than negotiation, but still a relatively informal method of dispute resolution
- A neutral third-party attempts to resolve the issue with both parties, without giving their opinion
Advantages over litigation - The parties are, in effect, in control of proceedings and decisions. It is based on common sense rather than decisive legal rules
Disadvantages compared to litigation - Will only work if both parties agree and cooperate, and many decisions may not ultimately be binding on both parties
Examples - Businesses negotiating contracts, marriage guidance to avoid separation or divorce
