Civil procedures

Question 1

Pros of avoiding court

Answer 1

• Simple
• Saves time
  -Saves cost/ADR

Question 2

Rules surrounding saving time in court

Answer 2

Judge and court time should not be wasted. Silly or less serious cases can take a different route so court can prioritise more important ones.

• Court hearings must be straightforward
• Documents must be shared and parties must acknowledge the claim (incomplete important documents may result in court pausing the process and interrupting the timeframe)

Question 3

Saving cost/ADR

Answer 3

• Individuals must try settle claims outside of court. They do not have the right to choose straight away that they want it taken to court and must consider other options. Court should be a last resort if options do not end up satisfying.
  ADR is a cheaper and easier process.

Question 4

ADR

Answer 4

Negotiation (least formal) -> mediation -> arbitration (most formal)

Question 5

Arbitration

Answer 5

The arbitration act 1996 gives arbitration its binding powers and contains the process.

1) Make request for arbitration
2) Constituted tribunal is found for the event
3) Issues are identified
4) Process and timetable given out
5) Hearing
6) Award

Question 6

Court process

Answer 6

defendant has 14 days to admit and acknowledge their defence.

another 14 days is given for the collection of evidence and to submit defence.

after this comes the first hearing

Question 7

Counterclaims

Answer 7

Claimant makes claim against D, D responds to this with their own claims against the claimant