Section A- Civil Courts And ADR

Question 1

County court jurisdiction

Answer 1

-is a local court and has the jurisdiction to hear almost all civil cases and many never make it as they settle before case is heard
-maximum claim is restricted to cases worth less than 100000 unless parties agree
-main areas of jurisdiction: contract, tort, land, wills and family cases
Can deal with discrimination and inheritance matters.- financial matters up to 350000
-heard by circuit judge or district judge ot even recorders
-rare: jury of 8 may be used to deformation, false imprisonment

Question 2

High court jurisdiction

Answer 2

-based in london sitting in several towns and cities
- hears more expensive multi track cases
-hear appeals from county court
- three divisions: KBD, chancery, family

Question 3

Kings bench division (high court jurisdiction)

Answer 3

-claims: personal injury, negligence, BOC, defamation, debt.
-lord chief justice heads this which deals with contact and tort cases over 100 000
-heard by single judge can be jury of 12 for defamation, false imprisonment
- in KBD is administrative court that deals with judicial reveiw
Sub divisions: administrative- judicial review. Commercial court- transactions of trade

Question 4

Chancery division (jurisdiction of the high court)

Answer 4

Hears matters such as: insolvency, company, intellectual property, trusts
18 HC judges sit in division
Cases headed by single judge- no juries
Involves disputes over: copyright, enforcement of mortgages

Question 5

Family division (jurisdiction of the high court)

Answer 5

Headed by president of family division
Cases involving welfare of children under children act, matrimonial cases and some probate
Family court has powers of HC and CC- most are heard
Family division hears more important cases or difficult include: abduction, appeals from CC, child is ward of court

Question 6

Pre trial procedure of civil courts

Answer 6

1. Claim form- N1 claim form filled in by claim form- ‘particulars of cliam’ ‘statement of truth’ which they must sign. Pay a court fee depending on how much worth.

2.served on D- smaller posted to D and larger are served by a court official. The D has 4 options: settle, ignore claim, defend, counter claim.

3. Allocation questionnaire- both C and D sent to help decide what track the case should be allocated to. Judge managing will allocate.

4.trial- heard at HC or CC depending on track. Listen to both sides and make a decision. Losing party may be ordered to pay winners legal costs and winner can pay success fee to solicitor- can’t be claimed from looser.

Question 7

Who’s reforms is the civil track system based on

Answer 7

Lord Woolf

Question 8

What track was added in 2023 to improve the speed of system

Answer 8

Intermediate track

Question 9

Who makes the decision what track a case should be allocated to

Answer 9

District judge in county court

Question 10

How much can a small claims track be up to, where and how long

Answer 10

Up to 10 000
Up to 1500 for personal injury
5000 for road traffic accidents
Held in county court
Allocates 2-3hrs

Question 11

Fast track money limit, where and how long etc

Answer 11

10 000- 25 000
1500- 25000 personal injury
County court by district judge
Cases heard within 30 weeks allocation
One day case- 1 expert witness
Legal rep available

Question 12

Intermediate track information

Answer 12

25 000- 100 000
Allocated where the claim isn’t suitable for small or fast tracks
3 or less days
No more than 2 expert witness per party

Question 13

Multi track money limit, where and how long etc

Answer 13

Allocated to either HC and HC judge if above 100 000 or complex law or CC with circuit judge
Cases over 25000 or complex cases. Heard by judge who manages the case includes: identifying issues, encouraging ADR, procedural steps, fixing timetables- set how long case will last
25000 plus

Question 14

What circumstances can either party appeal under in civil cases

Answer 14

• on a point of law
  -a dispute on amount of damages rewarded
• facts of the case
  No automatic right to appeal, claimant must get leave to appeal which is only granted if real chance of success

Question 15

Appeals from the county court

Answer 15

Small claims- 10 000 heard by district go on appeal to circuit judge in county court

Fast/intermediate claims 10-25 000 heard by district judge go to circuit judge in county court Fast

Fast/intermediate track heard by circuit judge go to high court judge in HC
Possibility of a second appeal to the COA in rare circumstances

Multi track 25 000 plus directly to COA

Question 16

Appeals from high court

Answer 16

Generally go on appeal to COA. Can adjust remedy awarded in og case
In rare cases if COA bound. By past decisions the appeal an t may ask for a leap frog appeal as there is no point in appealing to COA if unable to change existing precedent that’s unfavourable. Allows to go directly to Supreme Court but only if POL of general public importance

Question 17

the different types of ADR

Answer 17

negotiation
mediation
conciliation
arbitration

Question 18

introduction for ADR

Answer 18

lord woolfs reforms of the civil courts actively encourages parties to seek to resolve disputes outside of the civil courtroom if at all possible. ADR is now used by businessess, individuals and other organisations to bring about a quick and cheap resolution to disputes

Question 19

negotiation (ADR)

Answer 19

can be formal or informal
parties reach an agreement themselves with no third party
-they may act through solicitors
- many cases negotiate while awaiting trial but settle before the trial date
-can be face to face, on the phone ect.
-disputes between neighbours- examples

Question 20

mediation (ADR)

Answer 20

not legally binding- not enforceable or appealable
- a neutral third person helps the parties reach a comprimise solution acting as a facilitator
- the mediator does not offer an opinion but asks as a message carrier
-its only suitable where there is a chance of co-operation between the parties
-both parties have control over the process and can withdraw
- must agree to it- cant be imposed
-examples: divorce, relate- mediatioal relationship service, local M services

Question 21

conciliation (ADR)

Answer 21

-not legally binding, not E/A
-similar to mediation but the conciliator goes further as they have the power to suggest grounds for comprimise and settlement
-they take an active role by finding out each parties position and suggest basis for settlement however cant seek all call witnesses.
-parties have controll- withdraw any point and an outcome cant be imposed
examples- ACAS- industrial disputes common

Question 22

arbitration (ADR)

Answer 22

-volunarily agree to allow their dispute to be left to an arbitrator or a panel who is neutral
- governed by arbitration act 1996
-agreements to engage in A can be made before a dispute arises through the scott avery clause
-in most cases the A will be someone who has expertise in a particular feild involved in the dispute but if it involves a POL can appoint a lawyer
- courts may appoint an arbitrator
- parties agree could be a paper arbitration or a formal court like hearing
-can call witnesses
- decide date time and place
- the award/decision is binding and so E and A.
- an award by the A can be challenged in the courts for serious irregularity in proceedings or in a POL under AA 1996 s.68
examples- building/holiday/business contracts, trade unions. ATCAS, ABTA

Question 23

introduction of employment tribunals

Answer 23

• a tribunal is a forum used instead of a court for deciding certain types of disputes
  -created to help people enforce their entitlement to certain social rights which have been granted through social and welfare legislation .
  -unlike ADR they must be used instead of going to court due to the nature of the dispute

Question 24

the role of an employment tribunal

Answer 24

• to act as an independent, unbiased and immpartial tribunal
• to make a decision based on the evidence provided
• to resolve disputes around employment law between employees and employers
  -to deal with cliams for employees who think that their employer has treated them unlawfully
  unfair treatment may include- unfair dismissal, discrimination, unfair deductions from pay, rights to pay, breach of contract, redundancy.
  a finding of unlawful treatment may result in- compensation, give old job back, satisfactory reference

Question 25

procedure of employment tribunals

Answer 25

- both sides will put their case forward -fromal- witnesses give evidence under oath however no wigs or gowns. - funding for representation is only available for a few tribunals so most applicants will represent themselves but can gain advise on the strength of their case. - however in employment tribunals there will often be representatives from a trade union -decision is binding -no fee involved, unlike court -claim must be brought within 3 months from the event in the workplace

Question 26

preliminary matters for employment tribunals

Answer 26

-usually ACAS will be contacted first but if they cannot resolve the issue then a claim will be issued. - the claim must set out detailed reasons for the action and it must be filed with the tribunal within the time limit -the employer is invited to comment

Question 27

panel hearing of employment tribunals

Answer 27

the hearing will take place in front of a panel - judge -representation for employer and employee trial usually short and open to the public

Question 28

outcome for employment tribunals

Answer 28

-favour of the employee- panel will encourage settlement -favourable refrence -compensation -if settlemet cant be reached the tribunal will award compensation - if the claim is lost- employee will not have to pay employers costs though will be responsible for any lawyer they use - if disatisfied either party can ask the tribunal within 14 days to reveiw its decisions

Question 29

appeals for employment tribunals

Answer 29

- either side can appeal within 42 days to an EAT but this can only be on a POL. further appeals can be made to the COA and the supreme court but only on a POL and leave to appeal from the EAT

Question 30

advantages of civil courts

Answer 30

p- an open system of justice keeps the legal system transparent for the general public DP-companies cant hide behind arbitration which is private. public can voice opinion.- justice P- use of legally qualified person- less chance of errors and injustice DP-appropriate in cases where complex legal issues involved, experienced WDP-legally binding- enforceable cases served with certainty and appealable- ensures correct decision made. P- time management- choose most effective track DP- judge ultimate control and use allocation questionnare and strict timetable WDP- saves time and cost- able to plan ahead P- use of precedent- prev decisions- save time DP- lawyers can advise clients on outcomes WDP- appeals available to change precedent if outdated and can be fixed

Question 31

disadvantages of civil courts

Answer 31

p- expensive and legal funding rare dp-costs taking to court can be more than amount claimed due to front loading of costs for all the tracks wdp- for example high court p-delay- take a while to get to trial- not useful dp- fast track can still take 48 weeks to get to trial and small claims can take 29 weeks wdp-many preliminary stages the total of this and the wait to go to court means some cases not finished in years p-complicated process- not good for lay people dp- compulsory steps to be taken such as pre action protocols and forms to be filled in- complicated wdp- may have to get legal advice- money, lengthy p-uncertainty- dont know whats to come- against ROL dp- no guarantee of winning and loosing pays others costs- cause dept and hard TO PLAM wdp-however precedent..

Question 32

advantages of mediation/concilliation

Answer 32

p- parties in control- settlement dp- can withdraw at any point and ensures parties are happy. wdp-unlike A and courts- legally bidning-unhappy in decisions. p-privacy- unlike court which is open system of justice and less media. reputation of businesses less likely to be damaged so makes commercial sense to use p-efficient speed and cost- not court delay, cheaper and issue resolved at earlier date and less losses. and if have to go court in the end- may have clarified the issue- hearing quicker p- not strictly legal- not enforceable- easier for companies to continue business in future howev. turn back on decision

Question 33

disadvantages of mediation/concilliation

Answer 33

p- dispute may be unresolved- not legally binding, no promise made, may have to g to court, wastes time and adds costs and dependent on co operation p-lower settlements- court gets people more, ADR is easier to settle for less, less value regarding damages, may leave C in worse position than if had gone to court p-time consuming- lots of discussion- no one deciding for them, agreement cant be enforced so may go on for a long time, business may be relaint on money trying to recoup. p-unequal power- no regulation in equal legl represenatives, sucessful requires a skilled mediator/C and if a poor skill set then may become bullying exercise and weaker forced into settlement

Question 34

advantages of arbitration

Answer 34

p-parties in control of the process- more efficient, choose own A- better outcomes- commercially sensible- happy with process- less likely to use court. p-speed and cost- parties pay own costs and know what they are spending dont have to pay high court fees- advantageous for businesses, quicker than waiting for trial date p-private- business relationship can continue, no publicity which will be attactive for businesses, flexible and choose method of A which is most suited to situation- informal hearing good for business relationships p-enforceable- comply, binding, decision final,certain outcomes- ROL

Question 35

disadvantages of arbitration

Answer 35

p- no lega; funding- pay own costs- unfair when against a business p-lack of legal knowledge- depends on A they arent legally trained an unexpected legal point may arise in a case, may not be good level of a service compared to a judge in a court p-limited appeals- if one looses in a civil case then have several rights of appeal but same options aernt available through A, A decision cant be question as much as a judges- no effective decisions p-delays and expense- can still be expensive- proffesional A and delays for commercial and international arbitration, increase costs and parties who opt for a formal hearing

Question 36

how may the courts be better than ADR

Answer 36

-legally binding- decision fully resolved - arb has limited appeals but courts have several rights -chance of legal funding in courts -lower settlement in ADR

Question 37

how may ADR be better than the courts

Answer 37

-parties in control- no unfavourable decision-better outcomes -privacy- courts open access to justice- less media attention -wont ruin reputation of companies -ess delay- less preliminary stages