civil courts

Question 1

advantage- case will be presided over by a qualified judge whether CC or HC

Answer 1

. judges are experienced, qualified lawyers who can deal with complex legal matters
. will apply established rules of evidence + procedure to ensure the case is dealt with fairly + without favouring one side
. when giving decision on liability, judges will provide reasoned opinions so that the parties can see how a decision is reached

Question 2

advantage- structured appeal route

Answer 2

. if there are inaccuracies, there is a clear appeal route
. reasoned judgements can be studies for accuracy of the law used by the judge to reach a decision
. appeals can also be made against the amount of compensation awarded

Question 3

advantage- a judge will allocate a defended case at an early stage to the most suitable track + court

Answer 3

. because- minimise delays
. will be case managed through the process to a court hearing to minimise delays
. both parties will know, in advance, the number of witnesses allowed + length of a hearing

Question 4

advantage- a legally binding + enforceable decision will be made by judge

Answer 4

. because- parties are guaranteed a resolution at end of hearing + an enforceable remedy is guaranteed

Question 5

advantage- court system provides open justice

Answer 5

. because- can stop individuals + businesses hiding disputes + outcomes that the public should be aware of
. public + press are able to sit in + report most cases

Question 6

advantage- by considering precedent, lawyers can give informed advice to client at early stage, on outcome

Answer 6

. because- client can assess strength of case + whether worth pursuing
. precedent can be quoted in court in support of the arguments

Question 7

advantage- in personal injury claims, may be possible to use a no-win, no-fee arrangement

Answer 7

. because- some types of claim, a form of funding may be available for the payment of lawyers’ fees

Question 8

advantage- new track

Answer 8

. because- should reduce delays + limits costs for Cs
. makes system more accessible> better justice achieved

Question 9

disadvantage- rule in civil cases= loser pays winner’s costs as well as their own

Answer 9

. because- costs of taking case to court can be more than the sum claimed
. especially the case with a claim in the HC- a need for lawyers in more complicated cases, whose time has to be paid for

Question 10

disadvantage- even with track system, there can be considerable delay in completing preliminary stages of claim

Answer 10

. because- some complicated cases may take several years to be resolved
. once preliminary stages are completed, there is often a further delay in arranging a hearing date

Question 11

disadvantage- C can only apply to their lawyer for a no-win, no-fee arrangement in PI claims

Answer 11

. because- a lawyer will only agree to such an agreement if a claim stands a high chance of succeeding
. if lawyer decides there is low chance, a C must fund the claim from own resources
. C in other cases will have to accept responsibility for lawyers’ fees + hope they win + recover costs from loser

Question 12

disadvantage- requires a lawyer

Answer 12

. because- failure to observe the rules may result in the claim being dismissed
. due to requirements of pre-action protocols, the Civil Procedure Rules + the formal nature of hearings

Question 13

disadvantage- despite system of precedent, uncertainty of outcome

Answer 13

. because- no guarantee of winning a case until a judge (or an appeal court) makes a final ruling

Question 14

disadvantage- using lawyers

Answer 14

. because- leads to greater confrontation between the parties
. because- can produce further delay + costs