Civil Courts AO3

Question 1

Use of a legally qualified person

Answer 1

DP - Conducted by a legal expert, decisions made by experiences judge, qualfiied lawyer. Appropriate where there are complex legal issues involved
WDP - Competent legal decision at end of case, legally binding, matter will be resolved

Question 2

Time managment

Answer 2

DP - Judge has ultimate control over processings, use AQ to ensure case os allocated to the right track, stirct timetable, no of witnesses set
WDP - Minimises delays in the case, reduces costs

Question 3

Use of precedent

Answer 3

DP - Lawyers can advise clients on the likely outcome of the case as there’s already an existing decision
WDP - Appeal process available with specific routes, if C not happy, can appeal against it

Question 4

Open system

Answer 4

DP - Companies can’t hide behind arbitration which is private, public are aware of case
WDP - If public aware, can protect against it

Question 5

Costs

Answer 5

DP - Cost of taking case to court is often more than the amount claimed
WDP - E.g., In the HC, costs hundred of thousands of pounds, for smaller claims, it is often more than the amount claimed

Question 6

Delay

Answer 6

DP - Fast track can take up to 48 weeks to get to trial, even small claims can take 29 weeks to get heard
WDP - This is because there are many preliminary stages to go through, some cases not finished for years

Question 7

Complicated process

Answer 7

DP - Compulsory steps need to be taken such as pre-action protocol and forms to be filled in, set out in Civil Procedure Rules, complicated for the ordinary person
WDP - Ordinary person without legal advise may struggle to take case to court, not given A2J

Question 8

Little use of ADR

Answer 8

DP - Despite Lord Woolf’s reform, there’s been little increase in ADR, burden of case load is still with the civil courts
WDP - Civil coirts under resourced with IT systems regarded as primitive in comparison with private practice