Chapter 1: Civil courts and ADR

What cases can a county court hear, and some examples?

The county court can try most civil claims up to £100,000 in value. Examples include: negligence claims where a person has suffered injury or loss at the failure of another, debt claims or bankruptcy.

How will claims be heard in a county court?

Heard by a single judge often a circuit judge. The judge will read the case papers before the hearing and can hear evidence and legal arguements.

What will the judge decide at the end of a county court hearing?

• liability- which sides wins

• the compensation payable

• who should pay the cost of the case

What are the three divisions the high court is split into?

the queen’s bench division, the chancery division and the family division

At the end of the hearing in a high court, what will the single judge decide? ( same as county court)

• liability

• the compensation

• who should pay the cost of the case

What cases do the Queen’s bench division here?

contract and tort claims over £100,000 and smaller claims where there is a complicated issue of law involved

What cases do the Chancery Division hear?

• disputes relating to business, property or land over £100,000

• disputes over trusts

How are cases in the Family Division dealt with?

Usually in private because they are often dealing with sensitive matters

What types of cases does the Family Division here?

• cases relating to the welfare of a child under the children’s act 1989

• cases with foreign elements such as international child abduction or forced marriage

What is the aim of a pre-action protocol?

to ensure that as many problems can be solved without a court hearing

Why would someone issue a court claim?

if a settlement cannot be reached

What court would be used for a claim less then £10,000, less then £100,000 and more than £100,000

Small claims court, County court, County court or High Court

How do you issue a claim?

An N1 form must be completed with the name and address of the parties, brief details of the claim.

Where can the N1 form be filed at?

• a county court office

• the high court if it is a high claim

• online, for a debt claim

Will you be charged for issuing a claim?

yes, the amount of fee depends on the amount being claimed

What are the 4 options the defendant has when receiving a claim?

• admit the claim and pay the full amount to the claimant and court

• admit the claim and pay in instalments

• dispute the claim and file a defence saying why the claim should nit be paid

• file an acknowledgment of service and ask for the time to file a defence

What are the three tracks used if a claim is being defended?

Small claims track, Fast track, Multi track

What is the value of claim in the small track, fast track and multi track?

• less than £10,000

• £10,000 - £25,000

• £25,000 - £50,000

What happens in the small claims track?

claim heard by district judge, hearing is a maximum of 2-3 hours and a limited number of witnesses

What happens in the fast track?

Timetable of 30 weeks, parties can be represented by a lawyer, hearing will be a maximin of one day

What happens in the multi track?

usually allocated in the high court, takes place before a circuit judge, strict timetable and number of witnesses

appeals from a county court

if original decision was made by a district judge then the appeal will be heard by a circuit judge in the same court

if originally heard by a circuit judge then can be taken to the high court, judge of division

appeals from a high court

if appeal from a high court then it next will be heard from the court of appeal. If one of the parties wishes to appeal further then it can be taken to the supreme court but only if permission is granted by the court of appeal

What are employment tribunals?

they deal with issues as unfair dismissal or discrimination in the workplace.

What are the 4 types of ADR?

Negotiation, mediation, conciliation and arbitration

What is negotiation?

• easiest from of ADR

• carried out by phone call, talking or writing

• don’t need any lawyers

• parties come to an agreement on their own

What is Mediation

• a neutral person helps parties come to an agreement

• mediator goes back and fourth between each of the parties however do not offer their advice

• parties can withdraw at anytime

• often used for family disputes

what is conciliation?

• conciliator goes between parties and suggest ideas for compromise

• parties can withdraw at anytime

• both parties must come to an agreement

What is arbitration?

• both parties voluntarily let the judgment to be decided by an arbitrator

• agreement will be in writing

• lawyers can be present but not necessary

• final decision by the arbitrator is called an award and is final and binding to the parties

Advantages of ADR

• cheaper an easier - no need for lawyers

• quicker and easier then going to court

• Flexible - parties choose form of ADR, times and location

• less formal

• doesn’t break relationships

Disadvantages of ADR

• parties can leave at any point

• No funding available - makes it unfair for some parties

• unsuitable for serious cases

• limited evidence allowed

• Emmot V Mitchel - noted confidentiality is not absolute and may give way where justice is disclosed