Civil Courts A03 Flashcards
(12 cards)
What is the main benefit of the three-track system in civil courts?
It ensures that cases are handled expediently, justly, and proportionately based on value and complexity.
What is the purpose of pre-action protocols?
To encourage parties to settle disputes out of court.
What is a downside of pre-action protocols?
The civil process is heavily front-loaded with costs and workload.
What are the key advantages of the Small Claims Track?
Low cost, making justice more accessible, no need for lawyers, reducing legal fees, loser does not pay the winner’s legal costs, lowering the risk of going to court, judges take an inquisitorial approach to help parties present their cases.
What are the criticisms of the Small Claims Track?
One party can still use a lawyer, creating a power imbalance, some judges aren’t as helpful as they should be, disadvantaging unrepresented parties.
What are the benefits of the Fast Track?
Ideal for cases that can be heard in one day, limits on expert witnesses, saving time and cost.
What are the downsides of the Fast Track?
Loser pays winner’s costs and damages, which can be very expensive, delays are common — trials often take up to 12 months.
What are the advantages of the Multi-Track?
Cases are allocated based on value and complexity, judges take an active case management role to reduce delays and wasted costs.
What are the disadvantages of the Multi-Track?
It is the most expensive track (due to lawyers), there can be significant delays, especially in the High Court (up to several years).
How does the civil court system compare to ADR in terms of outcome?
It provides a legally correct solution and has a clear appeal route.
What is a downside of the civil court system compared to ADR in terms of privacy?
It is not confidential — high-profile cases may be reported in the press, harming reputations.
How does the adversarial nature of civil courts affect relationships?
It creates winners and losers, which can damage relationships and make future cooperation unlikely.
