Week 2 Resolving Legal Disputes in the English Legal System

Aston Business School

Week Two: The English Legal System

Resolving Legal Disputes

Overview

  • The focus of the lecture is on the third main topic within the English Legal System.

  • The previous weeks covered:

    • The Nature of Law

    • How the Law is Made

  • This week’s focus: Resolving Legal Disputes

Learning Outcomes

  • By the end of this lecture, students should be able to:

    1. Identify the jurisdiction of each court.

    2. Appreciate the different stages of civil litigation.

    3. Understand how the tribunal system complements and relates to the court structure.

    4. Be aware of the different forms of dispute resolution.

    5. Understand the role of arbitration.

Court Structure

Overview of Courts

  • The English legal framework consists of various courts that handle different types of disputes.

Key Courts in England

  1. Supreme Court

  2. Court of Appeal

    • Criminal Division

    • Civil Division

  3. High Court

    • King's Bench Division

    • Chancery Division

    • Family Division

  4. Crown Court

  5. Magistrates' Courts

  6. County Court

Binding Precedent

  • Doctrine of Stare Decisis:

    • Judges are obligated to follow previously established legal principles in cases with similar facts and circumstances.

    • Cases must come from courts of superior or equal status to be binding.

Magistrates’ Court

Key Features

  • Part of the criminal court system with certain civil jurisdiction.

  • Lowest criminal court in the hierarchy.

  • Handles:

    • Summary Offences

    • Offences which are generally less serious.

    • Triable Either Way Offences

    • Offences that can be heard in either the Magistrates' Court or the Crown Court.

Important Aspects

  • Magistrates are typically volunteers and not legally qualified but rely on a Clerk of the Court for guidance.

  • Types of sentences magistrates can impose:

    • Fines

    • Community sentences (e.g., unpaid work)

    • Imprisonment

  • Applications for bail or legal aid are also conducted here.

Crown Court

Functions

  • Functions as both a criminal court and an appeal court.

  • Jury decides the guilt or innocence of the accused.

  • Hears:

    1. Indictable Offences

    2. Serious triable either way offences.

    3. Sentencing cases referred from the Magistrates’ Court.

    4. Legal aid and bail applications.

    5. Appeals from Magistrates’ Court convictions.

County Court

Civil Jurisdiction

  • Solely a civil court focusing on non-criminal matters.

  • Cases typically involve:

    • Contract disputes

    • Tort cases (e.g., compensation for injuries)

    • Recovery of land or debts.

  • Subject to limitation, the High Court can also hear cases from this court, especially complex or specialized ones.

High Court

Structure and Functionality

  • Central location at the Royal Courts of Justice, with cases heard in several other cities.

  • Divided into three divisions:

    1. King’s Bench Division

    2. Chancery Division

    3. Family Division

  • Also serves as an appeal court but is bound only by decisions of the Supreme Court and Court of Appeal.

Court of Appeal

Composition and Jurisdiction

  • Has two divisions: Civil Division and Criminal Division.

  • Generally composed of three judges but may have up to five for significant cases.

  • Hears appeals from:

    • County Court

    • High Court

    • Certain tribunals, like the Employment Appeals Tribunal.

Supreme Court

Overview

  • Created in 2009, replacing the House of Lords as the highest court of appeal.

  • Primarily hears appeals involving important points of law, both civil and criminal.

  • Decisions are binding across all lower courts but not on its own findings.

  • Cases are heard by a bench of three to seven judges.

Civil Litigation Procedure

Stages of the Process

  1. Initial Letter of Claim:

    • Claimant sends this outlining allegations; defendant must respond.

  2. Issue of Claim:

    • If unresolved, a claim form is filled and submitted.

  3. Defendant Response:

    • The defendant must acknowledge within 14 days and file a defense within 28 days.

  4. Track Allocation:

    • Cases fall under:

      • Small Claims Track: Up to £10,000.

      • Fast Track: Between £10,000 and £25,000.

      • Multi-Track: Over £25,000.

  5. Interlocutory Stages:

    • Preparation steps mandated by the judge before trial.

  6. Trial:

    • Presentation of evidence and legal arguments; judgment is rendered.

  7. Executing Judgment:

    • Losing party must fulfill payment or appeal court enforcement might be necessary.

Alternatives to Court

Overview of Alternative Dispute Resolutions (ADR)

  • ADR methods are preferred for their cost-effectiveness and time efficiency.

  • Key methods include:

    1. Commercial Arbitration:

    • Disputes referred to an arbitrator whose decisions bind the parties.

    • Typically faster and less formal than court procedures.

    1. Ombudsmen Services:

    • Investigate and resolve complaints in specific sectors.

    1. Conciliation:

    • Involves a conciliator who suggests potential resolutions.

    1. Mediation:

    • Facilitated negotiation between parties, with a mediator assisting communication.

Critiques of ADR

  • While beneficial, issues include:

    • Legal Aid Accessibility: Difficult to obtain legal aid can create power imbalances.

    • Impartiality of Experts: Concerns about the neutrality of tribunal members.

Final Thoughts

Challenges in Civil Actions

  • Even with a solid case, considerations against litigation:

    1. Ability of the opposing party to pay (i.e., 'man of straw').

    2. Company liquidation leading to unviable claims.

    3. Expenses involved may outweigh potential gains.

    4. Legal fees liability for the losing party.

Notable Outcomes

  • Many disputes are settled out of court due to the high costs and effort associated with litigation.

  • Rulings in lower courts do not set binding precedents, making them only persuasive in future cases.

Ratio Decidendi and Persuasive Precedent

  • Ratio Decidendi: The binding part of a judgment.

  • Obiter Dicta: Non-binding commentary within a judgment.

Case Decisions:

  • Judgments can be reversed, overruled, or distinguished:

    • Reversed: Decision deemed incorrect.

    • Overruled: Precedent no longer valid.

    • Distinguished: Judge determines significant factual differences.

Conclusions

  • While courts are central to dispute resolution, they often emphasize a winner-loser dynamic that may hinder ongoing relationships.

  • ADR aims for compromise, presenting effective solutions in proportion to the issues at stake.

Next Session

  • The concluding lecture on the English Legal System will transition into the topic of Contract Law next week.