disadvantages of using the civil courts to solve disputes

1st disadvantage - the losing party is usually ordered to pay he winner’s legal costs

Known as “costs follow the event” principle, which is intended to encourage weak claims but can have serious financial consequences

Example of “costs follow the event” being a disadvantage

A person who pursues a claim may end up paying twice the outcome of what would have come from the original claim

Why the “costs follows the event principle is a disadvantage”

This discourages individuals from pursuing legitimate claims do to fear of financial repercussions and lead to restrictions of justice

❌However to “costs follow the event” principle

In lower-value claims such as those in the small claims track, each party six expected to cover their own legal cost, unless one party acted unreasonably = reduced risk

2nd disadvantage - even with the introduction of the three track system delays still occurs in the early stages of a case

Preliminary matters e.g disclosure of documents, exchange of witness statements and setting of trial date = could take months

Why delays still occurring in early stages of a case is a disadvantage

Slows down access to justice + can increase legal costs the longer it continues

Furthermore to there still being delays in early stages of a case

Delays may add to emotional strain experiences by the parties during the prolonged dispute

Statute for introduction of the three track system

Civil Procedure Rules 1999

3rd disadvantage - formal and adversarial nature of the court process can be intimidating for individuals

Use of jargon, procedural rules, structures and processes

Why is the formality of court a disadvantage

May create an imbalance between parties = is one side can afford more experience legal representation

❌However to formal structure

Judges in civil cases = trained to manage hearings fairly and assist underrepresented parties where appropriate —→ especially in lower-level courts