Civil and Criminal Courts Notes

Civil Courts

  • A final method of dispute resolution. Modernized by the Access to Justice Act 1999 following Lord Woolf’s report.
  • Encourages ADR, changes legal language for accessibility.

Claiming in the Civil Courts

  • Comply with pre-action protocols encouraging ADR before court.
  • Track System:
    • Small Claims Court: Less than £10,000 (£1000 for personal injury).
    • County Court: Less than £100,000 (£50,000 for personal injury).
    • High Court: Over £100,000 (or £50,000 for personal injury), for high value/complex cases.
  • Making a Claim:
    • Claimant (C) completes N1 Form.
    • Court serves claim to Defendant (D).
    • D can admit and pay, admit and pay in installments (with C's acceptance), or dispute via N9 form.
    • If D doesn't respond, C can seek a default judgment.
  • Case Management:
    • Judge allocates case to appropriate track for efficiency and justice.
    • Small Claims: Up to £10,000, District Judge, informal, lawyers discouraged.
    • Fast Track: £10,000-£25,000, Circuit Judge, strict timetable (30 weeks max), limited experts.
    • Intermediate Track: £25,000-£100,000, Circuit Judge, trials up to 3 days, limited experts.
    • Multi Track: Over £100,000, County or High Court, flexible timetables.
    • Fixed Cost Regime applies to all tracks except Multi, with a band system (1-4) for Fast and Immediate tracks based on complexity and issues in dispute.

Appeal Routes

  • Must be made within 21 days of the original hearing.
  • Appeals consist of legal arguments.
  • Appeal courts can affirm, reverse, or alter the remedy.
  • County Court: Appeals from District Judge heard by Circuit Judge.
  • High Court: Appeals from Circuit Judge to relevant division (e.g., KBD for personal injury).
  • Court of Appeal: Only with leave for important matters of law or practice.
  • Leapfrog Appeals: From High Court directly to Supreme Court for cases of public importance (requires leave).

Court System

  • County Court:
    • Small Claims: Under £10,000 (£1000 for personal injury), District Judges, no lawyers.
    • Ordinary County Court: Up to £100,000, Circuit Judge (or District Judge for simple cases), negligence, debt, etc.
  • High Court:
    • Kings Bench Division: Tort, contract, judicial review.
    • Chancery Division: Land, trusts, business, insolvency.
    • Family Division: Children Act 1989, international disputes.
    • Hears cases over £100,000 and complex legal points.
  • Court of Appeal (Civil Division):
    • Appellate court, clarifies law, sets precedents, typically 3 judges.
  • Supreme Court:
    • Appellate court, clarifies law, sets precedents, benches of 5 or 11 judges.

Advantages of the Civil Court System

  • Qualified judge: Experienced, fair, Article 6 compliance, public confidence.
  • Written judgments: Transparency, open to appeal.
  • Timetable (track system): Reduces delays and costs.
  • Binding judgments: Finality, enforcement.
  • Open justice: Public access increases confidence.
  • Precedent: Lawyers can provide effective advice.
  • Various ways of obtaining advice and representation.

Disadvantages of the Civil Court System

  • Loser pays costs: Can deter valid claims.
  • Delays in track system: Increases costs and time.
  • Misleading "no win, no fee" arrangements lead to unexpected legal bills.
  • Difficult to proceed without a lawyer which substantially raises costs.
  • The system of precedent is not completely certain.
  • Lawyers cause more confrontation between the parties.

Alternative Dispute Resolution (ADR) and Tribunals

  • Methods of dispute resolution not involving courts.

Negotiation

  • Non-binding attempt to find a compromise.
  • Verbal or written.
  • Parties remain in control.
  • Advantages: Cheaper, private, preserves relationships, flexible, faster.
  • Disadvantages: Parties may refuse, one party hostile, no guaranteed compromise, parties cannot be forced to engage, compensation may be low, unequal bargaining power.

Mediation

  • Neutral third-party mediator assists parties to settle disputes.
  • Parties remain in control, mediator facilitates, but does not offer opinions.
  • Approx. 80% success rate.
  • Strengths: Cheaper, parties retain control, maintains relationships, faster.
  • Weaknesses: One party may refuse, no settlement, non-binding, lower settlements.

Conciliation

  • Like mediation, but conciliator is more active.
  • Non-binding, used in employment contexts.
  • Advantages: Cheaper, preserves relationships, less formal, quicker.
  • Disadvantages: Conciliator may dominate, no resolution, non-binding, lower settlement.

Arbitration

  • Neutral third party settles dispute; arbitrator is an expert.
  • Binding award, enforceable by courts.
  • Advantages: Cheaper, qualified arbitrator, finality, less formal, quicker, private.
  • Disadvantages: Can be expensive, not for complex legal issues, lower award, limited appeal rights.

Tribunals (Employment Tribunals)

  • Independent and impartial tribunals resolving employer-employee disputes.
  • Outcomes: Compensation, reinstatement, re-engagement, references.
  • Claims within 3 months, ACAS conciliation required.
  • Process: Claimants fill out ET1 form --> employer (respondent) ET3 --> Hearing.
  • Advantages: Specialist panel, private hearings, less formal, faster, cheaper, each party pays own costs.
  • Disadvantages: Limited appeal rights, lack of legal funding, intimidating for litigants in person, delays.

Criminal Process

  • Prosecution bears burden of proof: beyond reasonable doubt.
  • Adversarial trials.
  • Courts: Magistrates' Court (summary offenses, some triable either way), Crown Court (indictable offenses, some triable either way).
  • Summary Offences: Handled by Magistrates.
  • Triable Either Way Offences: Preliminary hearing in Magistrates', then Crown Court or Magistrates' depending on complexity.
  • Indictable Offences: First hearing in Magistrates', then Crown Court.
  • Disclosure: Prosecution must provide evidence, defence provides written statement.
  • Appeals:
    • Magistrates' --> Crown Court (re-hearing).
    • Magistrates' --> High Court (KBD) (points of law - Case Stated Appeals).
    • Crown --> Court of Appeal (Criminal Division) (leave required).
    • Further appeal to Supreme Court rare (requires leave).

Sentencing

  • Aims of Sentencing (Sentencing Act 2020):
    • Punishment.
    • Reduction of crime (deterrence).
    • Reform/Rehabilitation.
    • Public protection.
    • Reparation.
  • Factors Considered: Pre-sentence reports, medical reports, offender background, sentencing guidelines.
  • Sentencing Council: Develops guidelines, monitors implementation.
  • Effect of Guilty Pleas: Reduces sentence.
  • Aggravating Factors: Previous convictions, bail, hatred motivation, etc.
  • Mitigating Factors: Pleading guilty, cooperation, mental illness, remorse, etc.
  • Types of Offences:
    • Custodial (prison).
    • Community (unpaid work, curfew etc).
    • Fines (up to £5,000, unlimited for category 5 offence).
    • Discharges (absolute or conditional).

Magistrates

  • Lay people (not legally qualified) hearing summary offenses, some triable either way, and preliminary matters.
  • Qualifications: 18-74 years old, local resident, good character, commitment.
  • Selection: Local Advisory Committee recommends, appointments made by Senior Presiding Judge on recommendations made by the Local Advisory Committee, two-stage interview.

Juries

  • Used primarily in criminal, coroners courts and limited High Court cases.
  • Qualifications: Over 18 and under 76, on electoral roll, resident in UK for at least 5 years from 13th birthday, not disqualified.
  • Vetting: DBS checks, authorized jury checks (national security cases).
  • Challenges: Challenge to the array (bias), for cause (disqualification), prosecution right to stand by.
  • Role: Arbiters of fact, judge directs on law.
  • Majority Verdicts: After 2 hours, can accept 11:1, 10:2, 10:1, 9-1 (9 must be unanimous).
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