Civil Courts Flashcards
Standard of proof
Balance of probability
Woolf Reforms
Extend claims to £3k
Parties on equal footing
Proportionate cases
Civil procedure rules
Simplified procedure
Pre action protocols
Case management
Alternative dispute resolution
Effect of woolf reforms
Culture of litigation changed for better
Increased cooperation between parties
Increase in settlements
Cost is high
Procedure of making claim
Pre action protocols
Claim form
Defence
Allocation questionnaire
Care management conference
Pre trial administration
Trial
Civil court hierarchy from bottom
County court, high court of justice, court of appeal and supreme court
Juries in civil cases
Less than 1%
Decide on balance of probabilities
Decide amount of damages
Can only trial in false imprisonment etc
Juries in personal injury cases
Rarely used
Ward v James guidelines laid down that stopped use of juries for personal injuries
What are the divisional court
Kings bench division
Family division
Chancery division
Tribunals
Specialist courts for disputes in specialised areas
If case fails - no redress to court
ADR
Alternative dispute resolution
What is ADR
Method to resolve issues in court
Types of ADR
Arbitration
Mediation
Conciliation
Negotiation
