civil courts and dispute resloution Flashcards
what are civil courts?
deal with non-criminal matters
what are courts of first instance?
courts where trials are initiated rather than held on appeal
what is the structure of civil courts?
-county court
-high court
-court of appeal
-supreme court
reform of the civil justice system
-lord woolf -
-allowing people greater autonomy in handling of case management
-introducing a ‘track’ system in county court to put claims in hierarchal order depending on their value
-encouraging other forms of dispute resolution
what is the three-track system?
claims are allocated to their appropriate track based on their value
-small claims track = straightforward claims, no more than £10k, exclude personal injury
-fast track = £10-25k
-multi-track = £25-50k
-high court = more complex claims over £50k
what the online system of making claims?
-claims of £10k or less can use GOV.UK or the traditional N1 claim form
-claims between £10,001 and £100k can use money claim online (MCOL) or use traditional N1 form
what is the civil courts appeal system?
-first appeal (from small claims court or fast track) is heard by a next-level judge (district -> circuit -> high court)
-possible for a second appeal from circuit or high court judge to CoA (only in exceptional circumstances with CoA’s permission)
-appeal from multi-track is to CoA
-appeal from high court is to CoA (or on rare occasions to SC (leapfrog appeal) on a point of general public importance)
-possible to appeal CoA to SC, only if either gives permission
-final appeal is possible to European court of justice if a point of EU law is involved
what are the three other forms of dispute resolution?
-tribunals
-ADR (negotiation and mediation)
what are tribunals?
-separated at first instance, into seven divisions dealing without specific areas and four divisions for appeals
-first-tier tribunals hear cases as first instance and upper tribunals hear cases from the first tier
-possible appeal route to CoA (and onto SC)
-separate first-tier and upper tribunal for employment law
-deal with a variety of areas of social and welfare legislation which impact everyday life
what is negotiation?
-most basic form of ADR
-individuals attempt to resolve the issue directly, privately and possible face to face
-potentially the quickest, cheapest and most informal way (no court or lawyers)
–requires confrontation
-if the dispute isn’t settled the case may go to court which has costs
-eg noise caused by neighbours
what is mediation?
-neutral third-party mediatory attempts to resolve the issue without giving their opinion
-parties are in control of proceedings
-based on common sense rather than legal rules
-will only work if parties cooperate
-many decisions aren’t binding
-eg business negotiation
