civil courts and dispute resolution

Question 1

What are the two types of civil court in England and Wales ?

Answer 1

county court
high court

Question 2

3 divisions of high court and case minimum amount

Answer 2

queens bench
family division
chancery division
cases above 25k

Question 3

What is queens bench division ?

Answer 3

contract and tort cases over 50K

Question 4

What is family division ?

Answer 4

all family matters

Question 5

What is chancery division ?

Answer 5

heras matters of mortgages, trusts , wills, probate , property, copyright , patents

Question 6

What are the three tracks ?

Answer 6

small claims track
fast track
multi track claims

Question 7

What is a small track claim

Answer 7

less than 10K

Question 8

What is a fast track claim

Answer 8

between 10K and 25K

Question 9

What is a multi track claim

Answer 9

25K + and up to 50K

Question 10

Where do you go if a claim is higher than 50K?

Answer 10

High court

Question 11

5 steps to take case to civil court

Answer 11

1) complete N1 form and submit to court , details of dispute
2) court sends to D , D decides whether to challenge or accept claim
3) D chooses to defend claims then courts will send allocation Qs to parties
4)C must pay D a fee dependent on money claimed

Question 12

What is the max amount that can be claimed in civil court?

Answer 12

100K

Question 13

What is the appeal system ?

Answer 13

about fairness and rights to unfair decision or procedure

Question 14

Where can appeals be heard ?

Answer 14

county
high
supreme court if came from COA

Question 15

What is alternative dispute resolution ?

Answer 15

other ways of resolving dispute instead of civil court

Question 16

What are the two methods of ADR

Answer 16

negotiation
mediation

Question 17

What’s negotiation ?

Answer 17

parties negotiate b between themselves either face to face , over phone , email , text , through solicitors letter

Question 18

advantage of negotiation

Answer 18

quickest and chepeast as no lawyers and courts involved

Question 19

disadvantage of negotiation

Answer 19

requires confrontation with other party

Question 20

What is mediation ?

Answer 20

neutral third party mediator attempts to resolve issue with both parties without giving a personal opinion

Question 21

advantage of mediation

Answer 21

third party in control who bases decision off common sense rather than legal rules

Question 22

disadvantage of mediation

Answer 22

will only work if both parties agree and cooperate

Question 23

what is a tribunal ?

Answer 23

they go along side court to deal with wide variety of social and welfare legislation that impact everyday life

Question 24

what are two types of tribunal

Answer 24

domestic
administrative

Question 25

what is domestic tribunal

Answer 25

internal to organisation and deal with complaints of members

Question 26

what id administrative tribunal

Answer 26

statutory and desk with dispute between individual and the state

Question 27

steps to tribunal summarised

Answer 27

A person must first try Early Conciliation through Acas, then submit a claim , the respondent replies , both sides prepare, and the tribunal holds a hearing to decide the case