Legal Systems Booklet 3- Civil Courts and Dispute Resolution.

Jurisdiction, Procedure, Track System, Procedure of a Claim making, Appeals, ADR- Negotiation, mediation, conciliation, arbitration, employment tribunals.

County Court- Who is in it, type of cases, what tracks?

200 courts approx, 1.5 mill cases a year, district and circuit judges.

Contract, tort, family, land

Small Claims, Fast Track, Intermediate.

High Court- Who is in it, type of cases, tracks?

1 in London, High Court Judges.

Kings Bench Div- multitrack cases-contract and tort. Appeals from Magistrates, judicial review.

Chancery- Wills, Trusts, Bankruptcy.

Family- divorce, custody, adoption

Multitrack or complex personal injury.

What is the procedure of making a claim?

Pre Action Protocol: PAPS, share info, attempt ADR.

N1 Claim Form: 3x copies, pay fee £35-£455.

Defendants Response: N9 Form. 1. admit claim and pay, 2. dispute the claim(14 days), 3. Ignore, liable.

Allocation Questionnaire- track.

Case Management Conference- all cases, summarise case and court procedures.

Pre Trial Administration: 4 weeks before for complex or lengthy cases.

Trial: County- S, F or I. High- M.

Civil Procedure Rules- Small Claims: court, amount, heard by, costs, other info.

County.

Up to £10000 or £1500 PI.

District Judge.

£35-£455 for court. Pay own costs.

Strict time limits(a day). Legal Rep not needed.

Civil Procedure Rules- Fast Track: court, amount, heard by, costs, other info.

County.

Over £10000 to £25000 or over £1500 PI.

District Judge.

Pay own costs, if u win loser pays fees.

Time of 30 weeks. 1 day in Court, 1 expert witness allowed.

Civil Procedure Rules- Intermediate Track: court, amount, heard by, costs, other info.

County/ HC.

£25000-£100000. Less Complex cases.

Circuit Judge. PI over £50000 High Court with HC Judge.

Pay own costs but if u win then loser pays fees.

Meet certain criteria, last no longer than 3 days. 2 expert witnesses.

Civil Procedure Rules- Multitrack: court, amount, heard by, costs, other info.

County/ HC.

Above £100000 or complex.

Circuit up to £50000 PI or £100000 other claims. PI over £50000 and other claims over £10000 in HC with HC judge.

Pay own costs, if u win loser will pay legal fees.

Most formal track, around 72 weeks, hands on approach, no limit on witnesses.

In what circumstances can a party appeal?

Point of Law, damages (monetary compensation), Facts (new evidence), Leave (permission) to appeal.

Appeals from the County Court.

Started as Small Claims or Fast Track at County with district judge, appeal to a Circuit Judge, then appeal to Court of Appeal.

Initially County with Circuit Judge, appeal heard in HC then Court of Appeal.

Appeals from the HC:

HC started due to money or complexity or multitrack then case heard in Court of Appeal.

Can then appeal to Supreme Court, have to ask for permission. General public importance.

Leapfrog appeal- HC to Supreme if all parties consent and a point of law of general public importance.

Evaluation of Civil Courts (positives):

Legal Aid- Gov pot of money, available for debt, family or housing.

Legally Binding- must be followed. If not followed then receive a CCJ (County Court Judgement)- difficult to receive credit.

Formal- tracks, appeal routes, case management.

Experts- judges are experts. applying law, resolves disputes.

Evaluation of the Civil Courts (negatives):

Legal Aid- pretty much unavailable for most civil cases, can’t claim for tort or contract.

Cost/ Timing- backlog at courts, avg 52 weeks. Small Claims cannot claim fees back from other side.

Formal- can be intimidating, distressing, public hearings mean reputation can be ruined, all forms and long process.

Relationships- damaging, ADR can be better as it is calmer.

What is ADR?

Alternative Dispute Resolution- ways of resolving a dispute between claimants and defendants without going to court.

First form of ADR?

Negotiation.

Parties resolve without needing third party. No solicitors needed, informal, must be willing to compromise, not legally binding.

Second form of ADR?

Mediation.

Hire a third party (mediator). Specially trained, consult with each party, does not give opinions, parties in control, not legally binding, must be willing. Family or neighbor cases.

Third form of ADR?

Conciliation.

Hire a conciliator who is specially trained, more active role, makes suggestions, not legally binding. Employment Disputes.

Last form of ADR?

Arbitration.

Hire an arbitrator, formal process, binding decision, governed under Arbitration Act 1996. Can be appealed.

What is the Scott v Avery Clause?

Decision to arbitrate before the dispute takes place by a S v A clause in contract. Private Formal and No court.

What are employment tribunals?

Judicial body for reasonability of workplace justice. Employment Tribunal Act 1996.

Role of Employment Tribunals:

Act as an independent, unbiased and impartial tribunal. Resolves disputes between employees and employers.

Employment tribunals cases include:

Unfair dismissal, discrimination, unfair pay, rights to holidays, maternity leave etc. Breach of contract, redundancy (role is no longer unavailable).

Employment tribunals results:

1. Compensation

2. Reinstated into old job.

3. reinstated into new job

4. Apology.

Evaluation of ADR (positives):

Not legally binding, less pressure. legally binding if contract is signed.

Cost- free or low cost, helpful where not qualified for legal aid.

Cooperation- neutral third party professional, calmer, encourages and helps relationships.

Experts: Conciliators, mediators and arbitrators are professional experts specifically trained. can suggest outcomes.

Evaluation of ADR (negatives):

Not legally binding- often a waste of time, doesn’t have to follow the decision, contracts are., might still end up in court.

Cost- need to be paid for usually an hourly rate, cost for third party.

Cooperation- often still don’t cooperate, leave ADR, don’t engage or even go. can affect relationships negatively.

Expert- not legally trained professional qualified judges, experience may not cover needed area, often cover wide areas of law.