Civil courts and ADR Flashcards
(28 cards)
What does the County Court handle?
The County Court handles smaller civil disputes, such as personal injury, contract, and family law cases. It is the primary court for claims under £10k, with a cap of £1k for personal injury claims.
What types of cases does the High Court specialize in?
The High Court is more specialized and divided into three divisions: Queen’s Bench Division, Chancery Division, and Family Division.
What does the Queen’s Bench Division handle?
The Queen’s Bench Division handles tort, contract law, and judicial review cases, often involving higher sums of money or significant legal matters.
What issues does the Chancery Division deal with?
The Chancery Division deals with issues related to equity, trusts, intellectual property, insolvency, and commercial disputes.
What is the focus of the Family Division?
The Family Division focuses on complex family law matters, including divorce, custody, and financial settlements.
What is the role of the Court of Appeal?
The Court of Appeal hears appeals from the County Court and High Court and sets binding precedents. It is divided into the Civil Division and the Criminal Division.
What is the jurisdiction of the County Court?
The County Court handles claims up to £100,000, or £50,000 for personal injury.
What types of cases does the High Court deal with?
The High Court deals with more complex or higher-value cases exceeding £100,000, including serious commercial disputes, family law cases, and intellectual property matters.
What is the pre-action stage in the civil court process?
Before initiating a lawsuit, parties must attempt to resolve the dispute using ADR and exchange information to attempt settlement.
What happens during the issuing a claim stage?
A claimant files a ‘claim form’ outlining the dispute, and the defendant is notified to respond.
What is involved in case management?
The court organizes the case to ensure efficiency, setting deadlines for submissions and deciding on issues like witness statements or expert evidence.
What occurs during the trial stage?
If settlement does not occur, the case proceeds to trial where a judge hears both parties’ evidence and arguments and issues a judgment.
What is judgment and enforcement?
After a judgment is made, the successful party can enforce it through methods like garnishment or seizing property if the losing party does not comply.
What is Alternative Dispute Resolution (ADR)?
ADR involves methods for resolving disputes outside the formal court system, offering quicker, cheaper, and more flexible ways to resolve conflicts.
What is negotiation in ADR?
Negotiation is the most informal ADR method where both parties communicate directly to resolve their dispute.
What are the advantages of negotiation?
Advantages include low cost, flexibility, speed, and confidentiality.
What are the disadvantages of negotiation?
Disadvantages include requiring cooperation, unequal bargaining power, and being non-binding unless formalized.
What is mediation?
In mediation, a neutral third party helps facilitate discussion between the parties to reach a mutually acceptable agreement.
What are the advantages of mediation?
Advantages include preserving relationships, being non-adversarial, confidentiality, and control over the outcome.
What are the disadvantages of mediation?
Disadvantages include being non-binding, no guarantee of resolution, and potential power imbalances.
What is conciliation?
Conciliation is similar to mediation, but the conciliator plays a more active role by suggesting solutions.
What are the advantages of conciliation?
Advantages include expert guidance, being informal and flexible, and preserving relationships.
What are the disadvantages of conciliation?
Disadvantages include being non-binding and not always effective if one party is unwilling to compromise.
What is arbitration?
In arbitration, parties submit their dispute to an arbitrator who makes a legally binding decision after hearing both sides.
