civil courts Flashcards by alisha thorpe

negotiation advantages

saves difficulty
saves time
saves expenses
Avoids winner and looser scenario

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negotiation disadvantages

potential weakness of case
Media can report
wasted time

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meditation+ conciliation advantages*

less formal
maintains working relationship
encourages cooperation

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meditation+ conciliation disadvantages

no guarantee dispute will resolve
both parties must reach compromise
meditator has to be paid
Attendance is not compulsory
Weaker parties pressured
No pressure to adhere to comprimise

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meditation and conciliation difference

meditator plays more active role in conciliation

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negotiation

disputes solved through money

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arbitation

a private trained arbitrator makes the decision and solves disputes

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arbitration advantages

parties have control over arbitrator
uses experts
private

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arbitration disadvantages

can be unequal
expensive
not all cases are suitable

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CAPE

Case management
Allocate resources
Proportionate
Equal footing

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small claims

up to 10,000
1000 in personal injury
not in open court
district judge

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fast track

between 10,000 to 25,000
1,500 in personal injury
timetable set
district judge decides in one day

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multi track

over 25,000
timetable set
trial in open court longer
district, circuit, high court

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civil court advantages

legally binding
Divisions so cases can be dealt with in best way.
Conducted by legal experts
appeal process easier
Remedy is guaranteed
Precedent allows lawyers to advise clients.

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civil court disadvantages

delayed
expensive
focuses on wining and losing rather than justice

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kings bench

Contract and tort over 100,000
Judicial review
Appeal on point of law

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chancery

Insolvency, Enforcement of mortgages, Disputes over trust property

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family

Cases involving children act 1989, adoption, international family matters

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Adr

Alternative way of getting justice not through court

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Why adr

Saves: cost
Harassment
Stress
Time

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Jurisdiction county court

Deals with civil claims
200 county courts
Hear claims of up to 100,000

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Appeal

A review of lower court decision by higher court.

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district to

circuit to CA

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Circuit judge to

Study These Flashcards

High court to CA

High to

CA to Supreme Court

Employment tribunals

Parallel courts with trained lawyers and lay people that have power to make decisions

Negotiation example

Fenty-v- Arcadia(2013)

Meditation example

Halsey-v-Milton Keynes

Conciliation example*

Employer rights act 1998

Arbitration example

Scott-v-Avery(1856)

pre trial procedures

CAPE

KBD Further*

Largest Hears applications for judicial review Deals with international technology disputes

Tort KBD*

over 100,000

Commercial KBD*

relating to trade and transactions

Courts of the chancery division

The intellectual property court The patents court The insolvency and companies list

Family division

child abduction forced marriage marriage outside of the uk

Family children

Children act 1989

Appealing from high court

Permission is needed Appellants notice should be given within 21 days

Court of appeals to UKSC

must be of national importance UKSC must give permission

Pre trial procedure

Claim form Response by defendent Allocation Questionnaire Tracks

Who laid down pre trial procedure

The Civil Procedure Act 1997

Who made recommendations about pre trial procedure

Woolf report

High court jurisdiction

No financial limit

Why employee tribunals?

Provide quick, cheap and informal alternatives to deal with employee disputes.

Legal authority for employee tribunals

Employment Tribunals Act 1996

Examples of claims tribunals deal with

Unfair dismissal Redundancy Breach of contract Discrimination

Role of employment tribunals

To be unbiased impartial and independent tribunal Make decisions based on evidence To deal with claims from employees who think their employer has treated them unlawfully

Result of employment tribunal

Compensation Re engagement of employer in different role Old job back

Preliminary employment tribunal

A claim on an employment issue has to be brought within three months from the event.

What happens if the claim is lost for an employment tribunal?

Employee will not have to pay the employer.

What happens if someone is dissatisfied with the decision in employment tribunal?

Either party has 14 days to ask for tribunal to review.

What does the employment rights act 1966 do?

sets out the rights of employees.

What did the employment tribunal act 1988 do?

Rename industrial tribunals Amend the law relating to dismissal procedures.

What did industrial tribunals get changed to?

employment tribunals

How did the employment tribunal act 1988 amend dismissal procedures?

By establishing multiple hearings and a determination.

Grounds for Appeal

Error in fact Error in law Procedural irregularity

Court of appeal

hear appeals on point of law, facts or procedural irregularities

civil courts Flashcards

(58 cards)