Civil courts and other forms of dispute resolution Flashcards
(20 cards)
Civil Courts
Deal with non-criminal matters
Key Civil Courts
County Court and High Court
Reform of the Civil Justice System
1995, Lord Woolf reported ‘key problems facing civil justice today are cost, delay and complexity’. His report ‘Access to Justice (1996)’ suggested major reforms to civil justice system, largely incorporated into Civil Procedure Rules 1999. These override objections to enable civil courts to deal with cases more ‘just’ way than before.
Woolf Reform 1
- Reforms gave handling of case management to individual judges.
Woolf Reform 2
- ‘Track’ system introduced in County Court - put claims in hierarchical order depending on value of claim.
Woolf Reform 3
- Pre-action protocols introduced.
Woolf Reform 4
- Other forms of dispute resolution encouraged, which included Alternative Dispute Resolution.
Where do some civil cases start?
Some civil cases start in Magistrates’ Court, most are in County Court though.
First Appeal
First appeal from a small claims court or fast track is heard by a next level judge.
Second Appeal
Possible from a decision of a circuit or high court judge to the CoA (civil), but only in exceptional circumstances with CoA permission.
Appeal from Multitrack
Whether heard by District or Circuit judge is to the CoA.
Appeal from High Court
To CoA or rarely supreme court, where general public importance is present.
Further Appeal from CoA
CoA to Supreme but only if either gives permission.
Final appeal to be referred to European Court of Justice
If a point of EU law is involved.
Court and Claim values
Small claims
£10,000 and under.
Fast track claims
Between £10,000 and £25,000.
Multi-track
Between £25,000 and £50,000.
High Court
Over £50,000.
Explain the purpose of tribunals in the civil justice system.
deal with very specific areas of law which will concern the social and welfare legislation. An example of this within the setting of civil law would include employment rights.
Explain one advantage and one disadvantage of the tribunal system.
+ Cheaper and quicker than going to court.
- Public funding not available in most cases, individual have to bear cost of tribunal.
Give three ways that alternative dispute resolution (ADR) is different from using the civil courts.
- Less formal than using a civil court.
- Lawyers generally not necessary.
- ADR cheaper than litigation as small number of legal personnel required.
Define Negotiation
most basic form of ADR, whereby an individual attempts to resolve the issue directly, privately and possibly face-to-face with the other party.
Define Mediation
being slightly more formal than negotiation, although still being relatively informal. There will be a neutral 3rd party mediator who attempts to resolve the issue with both parties, without actually giving their opinion.
