1st examined unit - Topics Flashcards

These are the parts you need to remember as these can't be on your notes (44 cards)

1
Q

What are damages?

A

compensation

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
2
Q

What are the two types of damages?

A

special and general damages

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
3
Q

What are general damages?

A

non-pecuniary and are difficult to put a figure on as they can’t be calculated exactly

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
4
Q

What are special damages?

A

pecuniary and are financial which can be calculated exactly

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
5
Q

What does general damages cover?

A

Loss of career - (costs to retrain)
Loss of amenity - (hobbies/enjoyment)

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
6
Q

What does special damages cover?

A

Loss of earnings - (injury to date of trial)
Medical expenses - (medicines, private treatment if not on the NHS, travel for appointments)
Special facilities - (care, 1:1 support, nursing, changes to home, moving home)

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
7
Q

If relevant extra - Damages

A

Contributory negligence - if the claimants party is at fault, damages can be reduced by the extent the claimant was liable (e.g. 25%)

Mitigation of loss - the claimant is under a duty to mitigate loss and not occur unnecessary costs

Provisional damages - if the injury is uncertain or may deteriorate

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
8
Q

What is heard in the county court?

A

Negligence cases under £100,000 and personal injury cases under £50,000.

Can be used for the small claims track, the fast track, the intermediate track and the multi track with low complexity.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
9
Q

What is heard in the high court?

A

Negligence cases over £100,000 and personal injury cases over £50,000 and the multitrack with high complexity.

King’s Bench Division (KBD) {or the high court ordinary} for negligence cases.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
10
Q

Judges in tracks -
District judge

A

County court

Small claims track - Fast track - Intermediate track

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
11
Q

Judges in tracks -
Circuit Judge

A

County court

Multi-track (low complexity)

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
12
Q

Judges in tracks -
High court judge

A

High court

Multi-track (high complexity and high value)

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
13
Q

Judges in appeals

A

District judge > Circuit judge

Circuit judge > High court judge

High court judge > Lord / Justice of appeal (CA) or Justices of the supreme court (SC)

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
14
Q

Small claims track - Court and judge

A

Crown court
District judge

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
15
Q

Fast track - Court and judge

A

Crown court
District judge

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
16
Q

Intermediate track - Court and judge

A

Crown court
District judge

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
17
Q

Multi-track - Court and judge

A

Crown court - District judge
High court - High court judge

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
18
Q

Small claims track - information

A
  • representation not needed
  • cannot claim back fees
  • informal
19
Q

Fast track - information

A
  • Formal trial
  • Max 1 day
  • Date set in 30 weeks
20
Q

Intermediate track - information

A
  • Formal trial
  • Max 3 days
  • Limited to 2 experts per party
  • clinical negligence to multi-track
21
Q

Multi-track - information

A
  • Circuit judge will manage court allocation
  • Value and complexity
22
Q

Jurisdiction of the county court

A

Hear = all tracks but only some from the multi-track

District judge > Circuit judge > High court judge

23
Q

Jurisdiction of the high court

A

3 divisions
negligence - high court hears appeals from the county court
^ Circuit judge > High court judge

24
Q

What are the 3 divisions of the high court?

A
  1. Chancery division
  2. Family division
  3. King’s Bench Division (KBD) or high court ordinary < negligence
25
Jurisdiction of the supreme court
- Final appeal court in England and Wales - appeals of public importance from the court of appeal and sometimes the high court = not really relevant anymore as this is part of EU law
26
Jurisdiction of the court of appeal
* Main appeal court for England and Wales * 2 divisions * hears appeals from the high court
27
What are the 2 divisions of the court of appeal?
Criminal division Civil division
28
What does ADR stand for
Alternate Dispute Resolution
29
Arbitration (ADR)
- most formal - parties choose arbitrator - parties choose - date, time, place - legally binding - can be enforced by courts (not in same way) - used by businesses, professions and trade unions
30
Conciliation (ADR)
- independent 3rd party - conciliator plays an active role - can make suggestions - skilled conciliator - not legally binding - ACAS workplace issues - only useful if skilled conciliator and the parties are on speaking terms.
31
Mediation (ADR)
- skilled independent 3rd party - mediator acts as messenger - facilitates discussion - cannot make suggestions - not legally binding - helps parties to stay on talking terms / amicable / maintain good working relationships - separating couples, neighbour disputes, businesses - only as successful as the mediators skill sets
32
Negotiation (ADR)
- Least formal - Easiest way - Cheapest - Quickest - Discussion between parties - No 3rd party - Negotiations can take place between solicitors
33
Lawyers (advice)
- Offer advice on your case - Review any evidence - Experts that are knowledgeable - Properly regulated - Expensive ** Lawyers are the umbrella term for legal professionals **
34
Citizens advice (advice)
- Free, quick advice - Volunteers - Not legally qualified - Initial advice - they may just say to go to a solicitor anyway - Informal atmosphere - Wide range advise advise coverd - Various locations
35
Law centres (advice)
- Qualified solicitors, legal executives, paralegals (legal knowledge/ experts) - Free legal advice - Social welfare issues - Major towns and cities - Few exist
36
Insurance policies/ companies (advice)
- Free, legal advice - Usually car insurance or home insurance - Company instructor solicitor on the clients behalf - Cheaper than paying for advice outright - May have been paid through an extra premium - Specialist advice
37
Internet (advice)
- Basic and initial advice - Range of legal matters - Instantly available - Wide range of information - Must use reputable website with relevant / correct information - Good starting point - Free form of advice - Accessible (internet is available at home or at a local library)
38
Trade Union Membership (advice)
- Offer advice to members - Industry related issues (specialist advice) {e.g. National Union of Teachers} - Employment issues / workplace disputes - Free if they are a member
39
Pro-Bono (advice)
- Means "for the public good" - Some lawyers > experts / knowledgeable - Legal advice may be free of charge - May be student lawyers at university > some level of knowledge > may be beneficial for initial advice - Offered on an infrequent basis by lawyers
40
Own resources (funding)
- Pay for legal services yourself - If you have savings / good income - Not an option if they have no job or low income - Can be expensive
41
Insurance (funding)
1 - Legal expenses insurance - covers the costs of legal advice and bringing of defending a case - usually a one off payment /premium - cheaper than paying a lawyer 2 - "After the event" insurance - one fee - tend to be more expensive 3 - Home/car insurance legal expenses - included in home/car policy - would be free ** Insurers will only find claims if "Reasurable prospect of success"
42
State / Public Funding (Legal aid)
- Civil legal aid through the GOV legal aid agency - Introduced legal aid and advice act 1949 - Negligence cases not covered by legal aid
43
Conditional Fee Arrangement (CFA)
- "no win no fee" - No charge by solicitors if they loose the case - If they win the case, a higher than usual fee is charged : usual fee and a 'success fee' this can be up to 100% of the usual fee - Good option for those who cannot afford costs - No risk / no upfront costs - Solicitor will only take the case on if there is a "reasonable prospect of success"
44
Pro-Bono (funding)
- "For the public good" - some lawyers provide legal advice free of charge : funding themselves - Student lawyers can also provide legal advice free of charge : funding themselves : not qualified but have some level of expertise - May represent you for free