Civil courts + disputes

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15 Terms

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Jurisdiction of civil courts (5)

Contract law up to 100,000

Tort cases up to 100,000 (50,000 PI)

All recovery of land cases

Wills + inheritance up to 350,000

Divorce

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High court divisions (3)

Queens bench

Chancery

Family

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Queens bench division

Has the highest workload in jurisdictions

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Chancery division

Land, wills and companies

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Family division

Children custody

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Pre-trial procedure for civil cases

  1. Writing a letter to try and negotiate without court

  2. Must then fill out money claim online procedure and

  3. D can the admit the claim, dispute it or make a counterclaim

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Small claims track

Under 10,000

County court

District judge

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Fast track system

10,000 - 25,000

County court

Circuit judge

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Multi track system

Over 25,000

County or high court

Circuit or high court judge

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Employment tribunal

‘Mini court which makes decisions bout disputes between employer and emplpoyee

Inquisitive to gauge the facts and must give reasons for its decision

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Starting an employment tribunal

  1. They must attempt conciliation

  2. File a claim form against employer

  3. Employer sent copy and must respond within certain time

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4 Types of ADR

Conciliation

Mediation

Arbitration

Negotiation

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Mediation

Third party plays a passive role

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Conciliation

Neutral third party helps actively reach compromise

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Arbitration

Trusting third parties to decide outcome