AS Law02 - Tort - Civil Courts

This includes :

  • claim process
  • court proceedings - basic
  • Alternative Dispute Resolution (ADR)
  • Track system
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  • Created by: Henry Ng
  • Created on: 29-05-12 19:05

Courts

Two courts - county and high

County Court; Claims less than £25000, larger claims defendant has freedom to choose which court they prefer. Also deals with personal injury less that £50000.

High court deals with defamation cases

DJ or Master in High court can decide which court should be used in a case!


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Claim Process, Case Monitoring and Management

Basic route of how claims are dealth with:

  • A.D.R
  • If personal injury no more than £50k it goes to County
  • Claim form
    • Personal details (name/address)
    • Details of claim
    • Value of claim - establishes fee, court and track
    • low income/few assets will have lower or no fees to pay
  • D recieves claim form
    • includes admission and defence form; must reply within 14 days
  • C recieves defence
    • location, track and timing of trial
  • Case monitoring - system where court monitors progess of a case to help achieve quicker conclusions.
  • Case management - active role of a judge in a case to help reach a speedy and just resolution.
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Court Proceedings

This is the general order of a court proceeding:

1) Claim form

2) Particulars of claim - court issue fee and decision if it is personal injury

3) Acknowledgement of service

4) Defence

5) Allocation Questionnaire - gains information of case, fee of £80

6) Timetable set for conduct of case

7) Disclose of all documents

8) Witness statements

9) Expert reports

10) Listing questionnaires - fee of £200 - £400 depending on claim

11) Trial

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Alternative Dispute Resolution (ADR)

  • Civil matters that are dealth with outside of courts can use ADR
  • Negotionation - there is no use of 3rd parties, lawyers or parties themselves will resolve the dispute and arrange damages.
  • Mediation - neutral mediator will help compromise with no individual opinion (eg Centre for Dispute Resolution)
  • Conciliation - an active 3rd party with opinions will help reach an agreement on a situation (eg ACAS)
  • Arbitration - independent 3rd party decide, both parties must volunteer for this and such action is covered under the Arbitration Act 1996. This can be used ex ante or ex poste (before the even or after)
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Track system

  • Small Track 
    • personal injury up to £1000; other claims up to £5000
    • no legal aid is necessary for this action
  • Fast Track
    • non complex disputes between the price random of £5000 to £25000 
  • Multitrack
    • under £50000 and non complex; dealt with by the County Court
    • complicated cases or cases that are over £50000 will be dealt with by the High Court.
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