ELS: Civil & ADR
0.0 / 5
- Created by: em.101
- Created on: 17-10-17 14:40
Steps in a civil action (3)
(1) Negotiation (2) Solicitor advice (3) Go to court
1 of 56
What are the 2 civil courts?
(1) County (2) High
2 of 56
County Court
(1) £25,000 max (2) PI max £50,000
3 of 56
How to issue a claim
Complete N1 form- court will give booklet explaining how to fill it in
4 of 56
How to defend a claim
(1) admit & pay (2) dispute with N9 (3) do nothing
5 of 56
What are the three tracks?
Small claims, fast, multi
6 of 56
Small claims Track ADVANTAGES
Cheap (don't need solicitor) & informal (small disputes) & winner can't claim & district judge ask Qs
7 of 56
Small claims track DISADVANTAGES
Fee paid when over £10,000 & no legal funding- business has good solicitor & only 60% successful claimants actually get money back
8 of 56
Fast Track
(1) claims £25,000 max (2) PI & housing £ 1- 10K
9 of 56
Fast Track Info
Strict timetable for pre- trial: saves time and cost & complete case within 30 weeks & overseen by district judge & 1 day hearing & 1 expert witness only
10 of 56
Multi track
£25,000 + claims /// circuit judge manages case from start to finish
11 of 56
County Court main cases
C&T // Recovery of Land // Partnerships, trusts, inheritance: £30,000 max // PI £50,000 max // small claims £10,000 max
12 of 56
Branches of the High Court (3)
(1) QBD (2) Chancery (3) Family
13 of 56
High Court: QBD
C&T £50,000 max // some multi track // e.g. defamation, judicial review, commercial
14 of 56
High Court: Chancery
Insolvency: mortgage, trusts, property, copyright, patent, IP, probate // single judge, no jury
15 of 56
High Court: Family
Family (CA 1989) // 1 judge, no jury
16 of 56
Civil Remedies: types of DAMAGES (4)
(1) special (2) general (3) nominal (4) exemplary
17 of 56
Special damages
Can be calculated specifically
18 of 56
General damages
can't be easily calculated (e.g. pain/ suffering)
19 of 56
Nominal damages
C wins but can't show loss- court awards money in recognition rights were infringed (e.g. nightmare neighbors)
20 of 56
Exemplary damages
TORT only, aim is to punish D (e.g. negligence)
21 of 56
Civil Remedies: Equitable (4)
(1) injunctions (2) specific performance (3) rescission (4) rectification
22 of 56
Injunctions
stop you doing something
23 of 56
Rescission
CONTRACT only: place both in original position
24 of 56
Rectification
Rectifying an error
25 of 56
Civil cases ADVANTAGES (6)
(1) appeal (2) binding (3) precedent (4) track systems (5) case management (6) rate of settlement
26 of 56
Civil cases DISADVANTAGES
(1) 1 expert witness (2) expensive (3) fast tracks (4) ADR use increase (5) not enouch tech (6) public (7) winner/ loser
27 of 56
Woolf reforms 1996 (6)
(1) JUST in results (2) Equitable treatment of ppl (3) Offer appropriate PROCEDURES (4) reasonable COST (5) SPEED (6) RESOURCED & ORGANISED
28 of 56
Appeals from COUNTY COURT
district- circuit // circuit- high // 2nd appeals = CofA in exceptional cases // multi- CofA
29 of 56
Appeals in SMALL CLAIMS requirements
ONLY IF: (1) mistake in proceedings (2) mistake in law
30 of 56
Appeals from HIGH COURT
to CofA // maybe LEAPFROG to Supreme
31 of 56
Getting leave in CofA
granted by CofA judge or original judge // not needed when liberty involved
32 of 56
Getting leave in Supreme
granted by lower court or supreme court // LEPFROG= certificate of satisfaction // only granted if PoL of general public importance
33 of 56
Certificate of Satisfaction
If LEAPFROGGED to Supreme: if PoL og GenPubImp involved
34 of 56
Second Appeals
very rare // WATJ 1999 // if compelling reason
35 of 56
Woolf Access to Justice 1999
Allows second appeals
36 of 56
Further Appeals
need leave from CofA // goes to Supreme
37 of 56
Types of ADR
(1) negotiation (2) mediation (3) concilliation (4) arbitration
38 of 56
negotiation
Parties agree between selves // Private & cheap
39 of 56
Mediation
facilitator= therapist // passive role // saves relationships
40 of 56
Mediation services (3)
(1) Formalised Settlement Conference (2) Centre for Dispute Resolution (3) Mediation Room
41 of 56
Formalised Settlement Conference
mini trial
42 of 56
Centre for Dispute Resolution
Deal with companies, local mediators to deal with disputes between neigbours
43 of 56
Advantages of Mediation (5)
(1) co- op and comm (2) parties make decision, not court (3) saves relationships (4) private: rep (5) cheap
44 of 56
Disadvantages of Mediation
(1) neutral role (2) dominating party (3) not binding (4) can still go to court
45 of 56
Conciliation
Outsider takes active role // suggest grounds for settlement
46 of 56
Conciliation Services
(1) Advisory, Conciliation, Arbitration Service (ACAS) (2) settle dispute before industrial action (3) parties can withdraw at any time
47 of 56
ACAS
Advisory, Conciliation, Arbitration Service
48 of 56
Arbitration (5)
(1) both parties agree (2) AA 1996 (3) SvA (4) arbitrator can be chosen (5) parties agree to hearing procedure- paper v verbal
49 of 56
Arbitration Act 1996
Covers arbitration
50 of 56
Scott v Avery Clause
agreement before dispute
51 of 56
Arbitration ADVANTAGES (5)
(1) can chose expert (2) chose time/ place (3) private: rep (4) relationships (5) award final
52 of 56
Arbitration DISADVANTAGES (5)
(1) legal points (2) high cost likely (3) delays for hearings: commercial/ international (4) no legal aid (5) appeals limited
53 of 56
Why are the costs for arbitration high?
Formal hearing, witnesses, legal rep
54 of 56
ADR ADVANTAGES (5)
(1) quicker (2) expertise (3) privacy (4) parties on good terms (5) cheaper for parties/ state
55 of 56
ADR DISADVANTAGES (5)
(1) unequal bargaining power (2) lack of legal expertise (3) no precedent (4) enforce ability: award hard (5) may need court anyway
56 of 56
Other cards in this set
Card 2
Front
(1) County (2) High
Back
What are the 2 civil courts?
Card 3
Front
(1) £25,000 max (2) PI max £50,000
Back
Card 4
Front
Complete N1 form- court will give booklet explaining how to fill it in
Back
Card 5
Front
(1) admit & pay (2) dispute with N9 (3) do nothing
Back
Related discussions on The Student Room
- OCR A Level Law 2024 Predictions »
- Law predictions 2023 may/june examination »
- Which of the following organs of the body are likely to be affected by ADR »
- OCR A-level Law Paper 1 (H418/01) - 26th May 2023 [Exam Chat] »
- Small claims issue - help »
- AQA A-level Law Paper 2 (7162/2) - 6th June 2023 [Exam Chat] »
- Help with Edexcel AS level politics question »
- OCR A level History »
- Make it More Italian Cuisine-ey !! »
- 5 careers for Law Graduates »
Similar Law resources:
2.0 / 5 based on 2 ratings
3.0 / 5 based on 1 rating
0.0 / 5
0.0 / 5
3.5 / 5 based on 2 ratings
3.0 / 5 based on 1 rating
4.0 / 5 based on 1 rating
0.0 / 5
Comments
No comments have yet been made