The Legal System - Civil Courts + ADR Flashcards
(20 cards)
Percentage of Civil law and Criminal law
Civil- 95%
Criminal- 5%
What awards are available in civil court
Compensation- damages
Injunction- getting defendant to do something or stop doing something
Why should taking someone to court be last resort
It’s very expensive and can cause a lot of stress on people
What if negotiations fail
A solicitor usually writes to the other party outplaying claim - usually sorts things out.
Lowest civil court- County court
Deals with most civil disputes.
High court
. Queen’s bench division (largest)
. Chancery division
. Family division
Types of claims
. Small claims- deal with amounts under £10,000 (heard in CC)
. Fast track claims- larger amounts between £10,000 and 25,000 (usually in CC)
. Multi track claim- large amounts of money over £25,000 (held in high court)
Queen’s bench
Deals with contract and tort worth over £100,000
Chancery division
Deals with cases like mortgages and copyright
Family division
Deals with family disputes. Usually child custody cases.
Civil court hierarchy
County court > high court> court of appeal> Supreme Court
What are the Woolf reforms
Recommendations by Lord Woolf saying civil courts weren’t delivering justice in an accessible way. Encouraged the us of ADR, and simplifying documents for example.
What is Alternative Dispute Resolution (ADR)
Ways to avoid the cost and stress of going to court: . Negotiation . Mediation . Conciliation . Arbitration
ADR- Negotiation
With the parties themselves. Can be with our without lawyers.
ADR- Mediation
With the two parties with help from a neutral 3rd party. Costs for a mediation panel are around £2,000 a day but considerably less than court.
ADR- Conciliation
With the two parties along with a neutral 3rd party. Similar to mediation but 3rd party is actively looking for solutions.
ADR- Arbitration
The two parties agree to let the 3rd party making final binding decision. Is a court like scenario but a lot less formal. Both parties have to agree on this.
Tribunals
Parties go to a tribunal where a panel of independent people make the decision for them.
. First-tier tribunal
. Upper-tier tribunal hears appeals from first.
Advantages of ADR
. Parties can choose their own 3rd party.
. The hearing time and place can be arranged to best suit both parties.
. Cost a lot less than going to court.
. Less formal than court- less stress.
Disadvantages of ADR
. Unexpected legal points may arise that cannot be dealt with by non-lawyers.
. Rights of appeal are very limited.
. Delays for commercial arbitration are almost as long as those for court hearings.
