Tort Mini Topic 3- Civil Courts and ADR

Question 1

What are the courts of first instance?

Answer 1

1. County Court
2. High Court

Question 2

What happens at a court of first instance?

Answer 2

A claimant starts a claim here, there may also be a first appeal here.

Question 3

What are the courts of appeal?

Answer 3

1. Court of Appeal
2. The Supreme Court

Question 4

What happens in a court of appeal?

Answer 4

Only hears appeals- when one party disagrees with the decision made at the 1st instance court.

Question 5

What cases are heard in the County Court?

Answer 5

Small, fast claims track cases. May hear uncomplicated intermediate and multi track cases (less than £50,000).

Question 6

What are some examples of cases heard in the County Court?

Answer 6

1. Property cases
2. Tort Cases
3. Personal Injury
4. Divorce
5. Bankruptcy

Question 7

What cases are heard in the High Court?

Answer 7

All civil cases and also has an appeal function from lowers courts and tribunals.

Question 8

What are some examples of cases heard in the High Court?

Answer 8

1. Mortgages
2. Property
3. Divorces
4. Child Matters

Question 9

What are the 3 divisions of the High Court?

Answer 9

1. Chancery- cases involving money
2. QBD- cases in contract and tort, the biggest division
3. Family- cases involving marriage, divorce, children (adoption)

Question 10

What is the small claims track?

Answer 10

Cases under £10,000 or personal injury up to £1,000.

Question 11

What is the fast track?

Answer 11

Cases over £10,000 to £25,000.

Question 12

What is the intermediate track?

Answer 12

Cases between £25,000 and £100,000. If the case is less than 3 days and you are not claiming money you cannot get specific performance or injunction under this track.

Question 13

What is the multi-track?

Answer 13

Claims over £25,000 or complex cases. The primary track for cases over £100,000. Certain cases are always heard in the multi-track such as: police, human rights, asbestos lung disease, clinical negligence and abuse and/or neglect involving children or vulnerable adults.

Question 14

What is does ADR stand for?

Answer 14

Alternative Dispute Resolution.

Question 15

What is negotiation? (ADR)

Answer 15

Lawyers negotiate out of the court by exchanging information between parties. It is cheap and quick.

Question 16

What is mediation? (ADR)

Answer 16

Informal procedure where a neutral third party helps the parties involved reach a compromise solution. Parties remain in control of their decision.

Question 17

What is the procedure for mediation? (ADR)

Answer 17

There will be a mini trial with a panel consisting of a neutral mediator .

Question 18

What is a tribunal? (ADR)

Answer 18

Operate alongside the court system and focus in three main areas:
1. Domestic
2. Employment
3. Administrative

Question 19

What are administrative tribunals? (ADR)

Answer 19

Enforcement of social and welfare rights. Immigrants may claim the right for asylum through them. Other examples include the rights for school of benefits from the state.

Question 20

What is the Enforcement Act 2007? (ADR)

Answer 20

Created a ‘First Tier Tribunal’ which operates in chambers. For example the Social Entitlement and Immigrant Chamber are heard at first instance. There is also and ‘Upper Tribunal’ to hear appeals.

Question 21

What are employment tribunals? (ADR)

Answer 21

Cases brought by an employee against their employer. Typical claims would include employment rights such as the right to not be discriminated against.

Question 22

What are domestic tribunals? (ADR)

Answer 22

Tribunals are dealt with by an ‘in house’ body such as The Law Society who deals with complaints against lawyers. Other examples include the Football Association and the British Medical Association.

Question 23

What is the procedure for a tribunal? (ADR)

Answer 23

Cases are heard by a tribunal judge and possibly a panel consisting of two lay people who are experts in the field. Both parties present their side, it is usually less formal than a court. The decision is legally binding.