Civil courts, ADR and tribunals

Pre-trial Procedure

File a claim, defendant gets served (14 days to acknowledge then a further 14 to respond) which they can then - settle, ignore the claim ( claimant wins automatically after 14 days), file a defence or counterclaim. Both sides are then sent an allocation questionnaire to decide the track and then trail

What are the 4 tracks

Small claims, fast, Intermediate, Multi

The jurisdiction of the tracks + Evaluation: Small claims

Up to 10K or 5k for personal injury. County court - district judge

Pros - 60% of hearings take <30 mins, low cost (lawyers and expert witness are discouraged), informal

Cost - weaker argument due to self representation, if you do seek counsel its unlikely you will recover the cost, legal aid isn’t available.

The jurisdiction of the tracks + Evaluation: Fast track

10K-25K %, over 5K in personal injury. County court - district judge or circuit. One expert witness

Pros - 30 week timetable from allocation of the case, more predictable legal cost

Cons - Too complex for self representation, the process is more complex so more stressful

The jurisdiction of the tracks + Evaluation: Intermediate

25k - 100k. County court circuit judge. 2 expert witness, 4 bands based on complexity. 2 expert witness

Pros - Bands help mach procedure and cost to nature of the case, fixed recoverable costs helps limit expensive litigation

Cons - Limit on expert witnesses hurts technical cases

The jurisdiction of the tracks + Evaluation: Multi track

100K+, High court (generally KBD). No limit on expert witness

Pros - Judges can tailor timetable to complexity of the case, No strict limit on number of expert witness

Cons - Cases can take months or years to resolve, high legal fees plus loser pays a significant portion of the winners cost

Appeal process

Appeals from county : district - circuit. Circuit - High court - COA - can leapfrog to COA if leave is granted by COA and raises a point of law of general importance.

Appeals from High: High court - COA - SC must have leave for SC

What was the problem with civil procedure before the 1999 Woolf reforms

Expensive

Delays

Complex - different procedure for high court and county

Adversarial

Unjust

emphasis on oral evidence

What did the Woolf reforms 1999 lead to

Simplified procedure

Pre - action protocols - encouraged cooperation

Encouraged the use of ADR

Allowed sanctions - adverse award of costs + order for a case to be struck out (in part or full)

What review followed the Woolf reforms

Briggs review

What was the main proposal of the Briggs review

Online courts

Advantages of civil court

Heard by a qualified judge ensures fair treatment

Court judgments are legally binding

Court offers structured appeal routes

Judges are involved in allocating the case to the suitable track

Cons of civil court

No legal funding for small claims and heavily restricted for other tracks

Civil litigation is expensive - can discourage claims

Unlike ADR limited flexibility in tailoring solutions to the case

Losing party often has to pay an amount of the winners fees which may put people of litigation

What Act introduced Tribunals

Tribunals and Inquiries Act 1958

Which act created the 2 types of tribunals

Tribunals, courts and enforcement ACt 2007

What are some key chambers of first tier tribunals

Immigration

Property

Tax

What’s the role of Upper Tribunal

Handel appeals from the first-tier tribunal

Also has specialist chambers: e.g tax and chancery and immigration and asylum

What are the specialist tribunals

Separate courts from first and upper tribunals cover: employment, pensions and professional regulatory

Advantages of tribunals

Usually quicker then court cases - tribunal judges impose strict timetables

Tribunal judges are usually specialists in their fields

Cheaper then courts so more attractive

Disadvantages of tribunals

Limited scope

Limited appeal routes

Limited legal representation - can lead to worse outcomes due to weaker cases

What is arbitration

Parties agree to have their dispute settled by a third party

What is the Scott v Avery clause

A clause in a employment contract which means disputes must first go to Arbitration before court

Who do you appeal to for arbitration

KBD if they give u leave

Pros of arbitration

Speed

Confidentiality

Arbitrators are often specialists in their field

Cons of arbitration

Lack of precedent

Lack of public funding

Delays - obtaining an arbitrator and a mutually acceptable date

What is conciliation

Like arbitration but the Conciliator only helps the parties come to an agreement

What os the ACAS

Advisory conciliation and Arbitration service - offer services for disputes between employees and employers

Pros of Conciliation

Informal - preserves relationship

Cost effective

Flexible and tailored solutions

Cons of Conciliation

No guaranteed outcome

Limited enforcement

Not legally binding

What is mediation

2 parties sit down and negotiate with a mediator trying to help reach an outcome

What are MIAM

Mediation Information meetings - compulsory initial meeting for couples getting divorced to see if it can be settled through mediation - costs £140

Pros of mediation

Confidentiality

Cost effective

High success rate - 80% of cases are settled

Cons of mediation

No guaranteed outcome

Limited enforcement

Not legally binding

What is negotiating

2 parties come together to try and reach an outcome

Pros of negotiating

Parties have complete control

Informal

Quick

Cons of negotiating

Limited legal expertise

Lack of legal protection

No guarantee of success

Who does Online dispute resolution

E bay