Week 2 - Resolving Legal Disputes

Question 1

What cases does the crown court hear? (2)

Answer 1

1 - Indictable offences: these are more serious offences like rape and grievous bodily harm etc

2 - Serious triable inter way offences

Question 2

Features of crown courts (4)

Answer 2

• A jury decides the guilt or non guilt of a defendant
• Sentencing cases re referred from magistrates’ courts
• Legal aid and bail applications
• Appeals: a defendant found guilty in the magistrates’ court can appeal against their conviction or sentence to the crown court

Question 3

Features of the crown court (2)

Answer 3

• Court will normally hear claims that do not exceed £25,000
• If the claim is for personal injuries limit is increased to £50,000

Question 4

When can county court cases be heard in the high courts?

Answer 4

Only when the cases are either complex, costly and specialist cases

Question 5

What is the high court?

Answer 5

Is the main court at the royal courts of justice in London but cases can be heard in other cities

Question 6

What are the three divisions of the high court?

Answer 6

• The Queen’s bench division
• The Chancery division
• The Family division

Question 7

What is the queens bench division? (2)

Answer 7

• It covers disputes to personal injury, negligence, breach of contract
• Also contains the commercial court - thus hears business cases such as imports and exports of goods, insurance, baking and agency

Question 8

Features of the chancery division (2)

Answer 8

• Covers disputes relating to business, property or land and intellectual property issues
• Also causes: mortgages, trusts, wills and bankruptcy

Question 9

What does the Family division cover?

Answer 9

The family division covers international child abduction and forced marriages

Question 10

What are the three divisional appeal courts?

Answer 10

• Divisional court of the QBD
• Divisional court of the chancery division
• Divisional court of the family division

Question 11

What is the structure of the court of appeals?

Answer 11

Is staffed by Lord and Lady justices of appeal and has two divisions and cases are heard by a bench of three or five judges

Question 12

What are the two divisions of the court of appeal?

Answer 12

• Civil division

* Criminal division

Question 13

Features of the civil division court of appeals (2)

Answer 13

• Hears appeals from lower civil courts (county court, high court and divisional courts)
• Also hears appeals from some tribunals e.g employment appeals tribunal

Question 14

Features of the criminal division court of appeals

Answer 14

Hears appeals from crown court trials when that court has been acting as a court of first instance i.e triable either way offeree

Question 15

Features of the Supreme Court (4)

Answer 15

• Hears appeals from divisional courts and the court of appeal
• Normally hear cases where a point of law of general public importance is involved
• They hear appeals in both civil and criminal law on points of law
• There is a bench of judges and normally three to seven sit at any time they are known as justices of Supreme Court and there are 12 in total

Question 16

What is the leap frog procedure? (3)

Answer 16

• Is a special procedure where an appeal can be made directly from the high court to Supreme Court
• Only applies where the high court and the court of appeal bound by the same ruling
• It’s rarely used but was introduced to overcome the flexibility of the law of judicial precedent

Question 17

Critical evaluation of civil action (5)

Answer 17

• If you have a strong case the other party may have little money (referred to as a man of straw’)
• A company may have gone into liquidation and does not exist anymore
• Bringing action can be expensive so a party interested in starting action may not gain as much as they think
• The losing party may be liable for the legal fees of the winning party
• The court process encourages settlement outside of a trial due to fees, time and effort

Question 18

What are the 7 Stages of the civil litigation procedure? (6)

Answer 18

1 - Issue letter of claim

2 - Issue of claim

3 - The defendant either accepts or defends the claim

4 - the case is allocated to the relevant track

5 - The inventory stages

6 - The trial

7 - Executing the judgement

Question 19

Issue letter of claim - 1st stage of civil litigation (2)

Answer 19

• This outline the claim and the defendant responds by outlining their case
• If case falls under the pre-action protocol rules ten specific info must be included

Question 20

Issue of claim - 2nd step of civil litigation procedure

Answer 20

This is the start of legal proceeding and must contain or be accompanied by the particulars of claim

Question 21

The defendant either accepts or defends the claim - 3rd stage of the civil litigation

Answer 21

If it’s defended the defendant must include a counterclaim

Question 22

The case is allocated to the relevant track - 4th step of civil litigation (4)

Answer 22

• There are three (small,fast and multi) tracks within the civil law system
• Small claims track:
  • Claims up to £10,000
  • In county court in front of a district judge
  • Simple procedure and no cases can be claimed from the other side

• Fast track claims:

• Between £10,000 and £25,000
• A set of timetable to simplify the case for the court and to keep costs to a minimum
• Costs are paid by the losing party

• Multi track claims:

• Claims over £25,000
• More flexibility in how the case is managed as it can be heard in the county or high court
• Costs are paid by losing party

Question 23

The inventory stages - 5th stage of the civil litigation procedure (2)

Answer 23

• These are the pre-trial stages

* Judge may give each party direction for them to prepare for the trial I.e specific evidence

Question 24

The trial - 6th step of civil litigation procedure (3)

Answer 24

• Each party presents legal arguments better the court
• Judges decides the winner
• Winner awarded damages (money) although if the order is to prevent someone doing something then an injunction might be more suitable

Question 25

Executing the judgement - 7th step of civil litigation procedure (2)

Answer 25

* Losing party expected to pay the sums due by a date set by the court * If the defendant doesn’t pay then the winning side may have to apply to the court to enforce the judgement

Question 26

What 5 orders can the court defend?

Answer 26

* A distraint order - power to seize company assets * Charging order - the dent is secured against a home or other priority * Attachment of earnings - money is taken directly from wages to pay debt * Third party debt order - freezes money held by a third party e.g a bank then money owed is paid directly from the bank to the winning party * Insolvency proceedings - if debt is £750 or more, the company is then wound-up and any debts paid

Question 27

What are the different alternatives to going to court? (4

Answer 27

* Arbitration * Ombudsmen services * Conciliation * Mediation

Question 28

What is arbitration? (4)

Answer 28

* Resolve business and commercial disputes outside the formal court systems * Considerably reduced litigation cost * Oldest form of ADR and the most similar method to going to the court * Arbitrator is appointed to settle a dispute and both parties agree to be bound by the decision

Question 29

What is commercial arbitration/arbitration clause?

Answer 29

Arbitration clause is often included when drafting legal contracts stating that in the event of a dispute the parties will refer the matter to arbitration to find a solution

Question 30

Advantages of arbitration (5)

Answer 30

* Arbitrator will normally be someone who is an expert in the area that the dispute arose * Arbitrations are private hearings * Proceedings are quicker than court action * More flexible schedule compared to a court case as it’s less formal * Costs are lower

Question 31

Disadvantages of arbitration (3)

Answer 31

* Arbitrators don’t have the powers of a judge so cannot insist that evidence is provided * Lack of legal knowledge * The bargaining powers of the parties are important

Question 32

Principles of arbitration (3)

Answer 32

* The object of arbitration is to obtain the fair resolution of disputes by an important tribunal without necessary delay or expense * The parties should be free to agree how their disputes are resolved, subject only to such safeguards as are necessary in the public interest * In matters governed by this part of the act, the court should not intervene except as provided by this part

Question 33

What is ombudsmen services?

Answer 33

Ombudsmen service can investigate and resolve problems that fall into either legal, banking, insurance or financial services

Question 34

What is conciliation? (3)

Answer 34

* In conciliation a conciliator will assist the parties in finding a solution * A conciliator can suggest solutions but does not have power to impose a solution * Aim of a conciliation is for parties to agree a solution

Question 35

What is the mediation? (2)

Answer 35

* The mediator helps parties to find a resolution but will not suggest a solution * Mediator remains neutral and their roll is to facilitate communication

Question 36

Downsides of conciliation and meditation (2)

Answer 36

* Outcome not guaranteed | * As a result could result in a waste of time and money

Question 37

Features of the tribunal system (5)

Answer 37

* Overseen by a legally qualified tribunal judge who’s assisted by two lay persons who have specialist knowledge * Hearings cover: tax, immigration, social security entitlements and employment disputes * 1st tier hears cases and appeals heard in the upper tier and appeals can be made to the court of appeal * The employment tribunal can hear disputes relating to unfair dismissal, redundancy, discrimination or appeals to the decisions of the health and safety executive * Appeals are heard in the employment appeals tribunal (EAT)

Question 38

Pros of the tribunal system (3)

Answer 38

* Cheaper then going to court * Informal and legal representation is not essential * Much quicker - weeks or months instead of years and more flexixivle as they are not bound by their own precedents

Question 39

Critics of tribunals (3)

Answer 39

* No access to legal aid - may revolt in an in balance of power e.g employer v employer * Have become more formal over time * Urgent cases are not resolved quickly enough e.g (immigration appeals)

Question 40

Features of the Woolf reforms (4)

Answer 40

* Judge manages the case * Pre-action protocols introduced * Encourage and facilitate the use of alternative dispute resolution * The allocation of a dispute to on one of the three tracks (small claims, fast or multi)