- Created by: Han11
- Created on: 19-06-19 15:38
Civil courts =
County Court –
Does not exceed £100,000. £50,000 for personal injury.
High court –
More than £100,000. More than £50,000 for personal injury.
Pre-trial procedures -
List of things parties must do before the case is heard,
can admit the claim + pay or submit a defence within 14 days, if fail to do this claimant apply for court order.
Three tracks –
· Small claims track, under £10,000 District judge £1,000 personal injury cannot claim legal costs heard in private.
· Fast track, £10,000 to £25,000, circuit judge, limited 1 day and 1 expert witness, usually in open court.
· Multi track, complex cases £25,000 plus managed by single judge.
· Case heard district judge county court ® circuit judge county court ®court of appeal civil division.
· Case heard circuit judge county court ®high court ®court of appeal civil division.
· High court ®Court of appeal ®Supreme court.
· High court ®Supreme court, leapfrog appeal on issue of national importance.
· Advantages, fair impartial judge legal expert decides, appeal process, ‘legal aid’ possibility, enforcement is easier/stronger.
· Disadvantages, Legal costs more than the claim, Delays on a lot of procedure, Complicated if no legal training, uncertain outcome / costs.
First tier tribunal –
Split into 7 chambers, e.g. Taxation, armed forces compensation, asylum and immigration.
Upper tribunal –
4 chambers, appeals from first tier tribunal, possible appeal to court of appeal.
· Advantages, Cheaper than court, quicker dealt with in a day, more informal than court, use of experts.
· Disadvantages, Legal aid rarely available, more formal ADR, can be a delay.
Alternative dispute resolution =
Resolve dispute by directly negotiating with the other party.
· Advantages, Cheaper than court, more convenient for the parties, done in private.
· Disadvantages, imbalance of power, parties might not reach an agreement.
Neutral mediator helps parties reach a solution. Commercial mediation service e.g. Centre for effective dispute resolution.
Neutral third party helps to resolve dispute. Conciliator plays more active role by coming up with suggestions.
· Advantages, Parties are in control, decision based on compromise, makes it easier for businesses to do business in future.
· Disadvantages, no guarantee will be resolved.
Arbitration Act 1996. Voluntary submission by the parties of their dispute to the judgment of some person other than a judge, usually in writing. Commercial contracts include Scott v Avery clause, contract between two parties that will submit any difference between them before taking court action.
· Advantages, Dispute resolved quicker than in court, decision is legally binding.
· Disadvantages, professional arbitrators expensive, rights appeal limited, delays international arbitration.
Online dispute resolution =
Parties agree negotiation, money back guarantee.
Links to complaints…