Civil Courts and ADR

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What is the civil hierarchy of courts from lowest to highest?
County Court, High Court (Queens Bench, Chancery and Family divisions), Court of Appeal and Supreme Court
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What is the role of the Country Court?
Deal with nearly all civil cases. Includes fast/multiple tracks and small claims). Deal with businesses recovering money, compensation=recovery of land. mot cases are assigned a circuit and a district judge.
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What is the role of the high court?
GBD - deals with large/complex claims for compensation and some appeals. Family Div - Complex divorce cases, dissolution of partnerships, adoption and domestic violence cases and some appeals. Chancery - trusts, wills, bankruptcy and mortgages
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How do start a case?
Complete a N1 form. once filled, the client should keep a copy. take the form to the court office and pay a fee.
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what can the defendant do when they receive a claim?
1) Admit and pay in full 2)dispute the claim by completing an N9 for acknowledgement of the claim or a defence to the court within 14 days 3) ignore - but C can get court order for D to pay and cover costs (an order default)
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What 4 things happens if a case is defended?
1) Allocation questionnaire (allows judge to get details about case and send to correct track) 2) Case monitoring (once the case starts, progress is monitored by court staff electronically) 3) track allocation 4) case management (court dates etc...)
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What are the three tracks?
small claims, fast track and multi track.
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Describe what small claims is.
For claims under £10'000 except personal injury and housing where it is £1000. Is part of the county court and uses a district judge. Open court. Lawyers not used but can be. judge asks questions about case and decides (judge judy).
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Describe what the fast track is.
For straight forward disputes between £10-25k. has a strict timetable for pre-trail matters. 30 weeks to trail. in country court with district judge. open court. max 1 day in court. max 1 expert witness.
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Describe what the multi track is.
for complicated cases that are worth £25k+. circuit judge used as they have to manage the case too. follows civil procedure and can request the use of ADR. Either county or high court.
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What is the leapfrog rule?
when someone appealing from the high court and jump to the supreme court when appealing. Must include a point of law of general public importance and the decision was made with a controversial statutory interpretation method or a binding precedent.
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how are cases viewed once they have been appealed?
Viewed through transcript
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What does ADR stand for?
alternative dispute resolution
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What are the main types of ADR?
Negotiation, mediation, concilliation and arbitration.
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Why is ADR recommended over the courts?
its cheaper for courts and clients, quicker, less stressful,preserve relationships, can get an apology, and flexible
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Describe Negotiation.
resolving a dispute through negotiation directly. Done in private. Cheapest method. Lawyers can do it on clients behalf. Majority of cases done this way.
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Describe Mediation.
A neutral mediator helps the parties to reach a compromise solution. A mediator consults with each party, explores common grounds and carries offers to and fo. the mediator is a 'facilitator' so that an argument is researched.
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Describe Conciliation.
Similar to mediator. neutral 3rd party that helps to resolve the dispute , but a conciliator will play a more active role. they suggest grounds for compromise and the possible basics for a settlement. In industrial disputes, ACAS can give opinion
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Describe Arbitration.
The parties agree to submit their claims to private arbitration, to the judgement of some persons other then the judge. the arbitration act 1996 states that the object of arbitration is to obtain fair resolution by an impartial tribunal (no wasted £)
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Other cards in this set

Card 2

Front

What is the role of the Country Court?

Back

Deal with nearly all civil cases. Includes fast/multiple tracks and small claims). Deal with businesses recovering money, compensation=recovery of land. mot cases are assigned a circuit and a district judge.

Card 3

Front

What is the role of the high court?

Back

Preview of the front of card 3

Card 4

Front

How do start a case?

Back

Preview of the front of card 4

Card 5

Front

what can the defendant do when they receive a claim?

Back

Preview of the front of card 5
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