Law notes - unit 1

County Court

A court in the UK that hears civil cases, including various types of disputes, and is presided over by either a District Judge or Circuit Judge.

High Court

Divided into three divisions (Queen's Bench, Chancery, and Family), the High Court has jurisdiction over different types of cases, such as contract and tort cases, disputes involving land and wills, and cases related to divorce and children's welfare.

Small claims track

A track within the County Court where cases with a value of up to £10,000 for debt claims or up to £1,000 for personal injury claims are heard. Parties represent themselves, and trials are generally heard in private.

Fast track

A track that can be in both the County Court and High Court, where cases with a value between £10,000 and £25,000 are heard. Trials take up to 1 year to reach, and parties comply with standard rules.

Multi track

A track for cases with a value above £25,000, which can take longer than 1 year to reach trial. There is no standard process, and the judge decides the relevant steps for each party. Trials take longer than one day.

Alternative Dispute Resolution (ADR)

Methods used to settle disputes outside of court, including negotiation, mediation, conciliation, and arbitration. ADR is encouraged by the courts as it is cheaper, simpler, and more accessible.

Negotiation

A form of ADR where parties resolve a dispute themselves through give and take, reaching an outcome that benefits both parties. It can involve legal representatives and may be used in neighbor disputes, debt problems, and personal injury cases.

Mediation

A form of ADR where parties use an impartial mediator to reach a compromise. The mediator helps parties identify and understand the issues, but does not give an opinion. Mediation is confidential and can be compulsory in divorce proceedings involving children.

Conciliation

Similar to mediation, conciliation involves a neutral third party who suggests a compromise. The conciliator plays a more active role than a mediator and may be used in employment-related issues.

Arbitration

The most formal type of ADR, where parties agree to settle a claim through an independent arbitrator who makes the final decision. The decision is legally binding and can be enforced through the courts.

Judgment

The decision made by a judge in a case.

Ratio decidendi

The legal reason for the judge's decision, creating a binding precedent.

Obiter dicta

The judge's opinions about the law and potential outcomes if the facts were different, creating a persuasive precedent.

Hierarchy of the Courts

The order in which courts are ranked, determining the binding nature of their decisions.

Precedent

Previous decisions that serve as a guide for future cases.

Follow

Choosing to adhere to a previous similar case that is binding.

Overrule

Stating that a legal principle in a previous case is incorrect.

Reverse

Changing the decision of a lower court in the same case on appeal.

Distinguish

Finding enough differences in the material facts of a previous case to avoid following it.

Negligence

A tort that allows someone to claim compensation if they have been injured or their property has been damaged due to someone else's failure to take care.

Duty of care

The legal obligation to take reasonable care to avoid causing harm to others.

Breach of duty

Failing to meet the standard of care that a reasonable person would in a similar situation.

Reasonable person

A hypothetical person who acts sensibly and takes precautions when there is a risk involved.

Risk factors

Factors that influence the level of care a reasonable person should take, including special characteristics of the claimant, the risk of harm, social usefulness, and taking precautions.

Factual causation

The link between the defendant's act or omission and the claimant's harm, determined by the "but for" test.

Legal causation

The concept of remoteness of damage, determining whether the harm suffered by the claimant was reasonably foreseeable.

Factual causation

The proof that establishes a direct link between the defendant's actions and the harm or injury caused.

Test of remoteness of damage

The requirement for the harm or injury caused to be reasonably foreseeable in order to hold the defendant responsible.

The Wagon Mound No 1

A legal case that established the principle that the defendant is only liable for harm that is reasonably foreseeable.

Reasonable person standard

The expectation that a reasonable person could foresee the type of damage that occurred.

Thin skull rule

The rule that allows the court to consider any pre-existing sensitivity or condition of the claimant when determining liability.

Damages

Compensation awarded to the claimant to restore them to the position they would have been in if the negligence had not occurred.

Pecuniary loss

Financial losses that can be easily calculated, such as loss of earnings, medical expenses, or car repairs.

Non-pecuniary loss

Losses that are not connected to financial loss but are related to harm or damage suffered by the claimant, such as pain and suffering or loss of amenity.

Special damages

Pecuniary losses calculated up to the date of settlement or trial.

General damages

Non-pecuniary losses calculated from the trial date, covering physical and psychiatric injuries, loss of future earnings, loss of amenity, and future medical costs.

Lump sum

A one-time payment of compensation to the claimant.

Structured settlement

Payments made over a period of time to provide the claimant with financial security in the future.