Sec 1 Civil Courts and other forms of dispute resolution Flashcards
(29 cards)
What are the two main civil courts in England and Wales?
The County Court and the High Court.
What types of cases does the County Court hear?
Contract, tort, family law, and low-value civil claims (under £100,000).
What are the three divisions of the High Court?
Queen’s Bench Division, Chancery Division, and Family Division.
What does the Queen’s Bench Division deal with?
Complex contract and tort cases, judicial review, and some appeals.
What types of cases are heard in the Chancery Division?
Equity, trusts, wills, company law, tax, and insolvency.
What does the Family Division deal with?
Complex family cases such as international child abduction or forced marriage.
What is a track in civil procedure?
A route used by courts to allocate cases based on value and complexity.
What are the three civil tracks?
Small claims track, fast track, and multi-track.
What is the small claims track used for?
Claims under £10,000, or under £1,000 for personal injury.
What is the fast track used for?
Claims between £10,000 and £25,000 that can be heard in one day.
What is the multi-track used for?
Claims over £25,000 or complex cases requiring more time.
Who allocates cases to tracks?
A District or Circuit Judge based on claim value and case complexity.
How are civil cases usually started?
By completing an N1 claim form and submitting it to the court.
What are pre-action protocols?
Steps that must be followed before starting a court claim, encouraging settlement.
What is alternative dispute resolution (ADR)?
Resolving disputes without going to court.
What are the main types of ADR?
Negotiation, mediation, conciliation, arbitration.
What is negotiation?
Informal discussions directly between the parties to resolve the issue.
What is mediation?
A neutral third party helps parties reach a voluntary agreement.
What is conciliation?
Like mediation, but the conciliator can offer solutions and guidance.
What is arbitration?
An independent arbitrator hears both sides and makes a legally binding decision.
Which Act governs arbitration?
The Arbitration Act 1996.
What are advantages of ADR over court?
Cheaper, faster, private, less formal, preserves relationships.
What are disadvantages of ADR?
No guaranteed resolution, not legally binding (except arbitration), may delay court action.
What is Online Dispute Resolution (ODR)?
Dispute resolution using digital platforms, often used by businesses and e-commerce sites.
