Civil Courts and ADR Flashcards
(25 cards)
What does a claimant have to do before starting a court case?
1) Pre-action protocol - sharing information
2) Fill out N1 claim and send to court
3) Pay fee
4) If case is defended, gets to 1/3 tracks
What does courts of 1st instance mean?
This is where claim start, or may be 1st appeal. These courts are County courts and High court.
What is an Appeal court?
Appeals are heard here. The courts are court of Appeal and Supreme court.
What do county courts here?
Small claim, fast track and Intermediate cases.
What do High courts do?
Intermediation and multi-track cases.
What cases do county court handle?
- Tort cases
- Contract cases
- Divorce
What Civil/ High court cases they hear?
- Contract
- Tort
- Mortgages
What are the 3 High court divisions?
- Chancery Division - money
- QBD - Queen Bench Division - Judicial review
- Family - divorce and marriage
What are the 4 tracks (Civil Procedure) (Amended no.2) 2023?
1) Small claims - under £10,000 or personal injury claims under £1,000
2) Fast track - cases £10,000 to £25,000
3) Intermediate track - claims £25,000 to £100,000 - less than 3 days
4) Multi track over £25,000 complex. But if over £100,000 the high court
What did Access to Justice Act 1999 say?
Appeals will only be allowed if permission from court.
What is the hierarchy of the judges?
- District judges
then - Circuit judge
then
3 High court judge
What happens with an appeal judge?
The judge from previous decision will not be used again. The appeal will be heard by the next up judge from previous. For example District judge - now goes to Circuit judge.
What happens with appeals from the high court?
- A decision from high court goes to Court of Appeal
- Appeals from court of Appeal will go to panel of 3 called justices of appeal.
- They conduct a ‘review of the case’
What happens to appeal to the Supreme Court?
- Decision of the Court of Appeal, further appeal to Supreme Court.
- Appeal in Supreme court heard by panel of 5 Law Lords
ADS - What is negotiation?
Negotiation is the most common way of resolving a dispute. First step in process. Negotiation is cheap and quick - involves an exchange of information between parties.
What is the procedure of Negotiation?
No set procedure. Can be done face to face. Sending a letter is also common. Communication included email, texts etc.
ADR - What is Mediation?
Mediation is where a neutral 3rd party helps the parties to reach a compromise solution. Parties remain in control of their decision.
What is the procedure of Mediation?
A mediator often move between parties sharing viewpoints, information, offers etc. Does not require cooperation between parties.
What is Professional Mediation Services?
Available from private companies like ADR group. Mediation often used for divorces.
What are Tribunals?
Tribunals operate alongside of the court system. Deal with 1 million cases each year. Not an alternative to court as court will not be available for the cases they deal with. There are 3 types of tribunals;
Domestic, Employment, Administrative
What is an Administrative Tribunals?
Administrative tribunals deal with enforcement of social and welfare rights.
What is The tribunals, courts and Enforcement Act 2007 and 2 tiers?
‘First True Tribunal’ - Chambers
‘Upper Tribunal’ - Appeals
What is an employment tribunal?
Employee against Employer - employment rights, such as sex, age etc.
What is a domestic tribunals?
‘in house’ by the professional body responsible. E.g the Law Society deals with complaints against solicitors.
