Law - Unit 1 - Section A
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A V Dicey
-No sanction without breach
-One law should govern all
-Law should be supreme
-One law should govern all
-Law should be supreme
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Lord Bingham
-Law must be accessible
-Law should be apply equally to all
-Means must be provided for resolving civil disputes which parties cannot resolve themselves
-Law should be apply equally to all
-Means must be provided for resolving civil disputes which parties cannot resolve themselves
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County Court
Small claims, fast track and multi-track
-contract disputes
-disputes linked to land
-land recovery
-matters connected to trust mortgages and dissolution of partnership (<£30,000)
- probate disputes
-defamation disputes
-contract disputes
-disputes linked to land
-land recovery
-matters connected to trust mortgages and dissolution of partnership (<£30,000)
- probate disputes
-defamation disputes
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High Court
Multi-track
-Queen's Bench Division
-Chancery Division
-Family Division
-Queen's Bench Division
-Chancery Division
-Family Division
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Queen's Bench Division
-Commercial Court
-Admiralty Court
-Technology and Construction Court
-Admiralty Court
-Technology and Construction Court
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Chancery Division
- Company Law
-Intellectual Property Disputes
-Trust Property
-Intellectual Property Disputes
-Trust Property
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Family Division
- Matrimonial Cases
-Matrimonial property
-Children's Act 1989 cases
-Custody
-Matrimonial property
-Children's Act 1989 cases
-Custody
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Small Claims
-Property < £10,000
-Personal injury <£1000
-County Court
-District judge
-Parties represent themselves
-Personal injury <£1000
-County Court
-District judge
-Parties represent themselves
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Fast Track
- Property £10,000 - £25,000
-Personal injury £1000 - £50,000
-County Court
-Circuit judge
-May use legal representation
-Heard within 30 weeks
-Personal injury £1000 - £50,000
-County Court
-Circuit judge
-May use legal representation
-Heard within 30 weeks
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Multi-track
-Property > £25,000
-Person injury >£50,000
-County Court
-Circuit judge
-High Court on claims over £100,000 or complex
-Person injury >£50,000
-County Court
-Circuit judge
-High Court on claims over £100,000 or complex
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Civil Court Appeal - law
S54 Access to Justice Act 1999
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When can they be made?
On procedural error or point of law
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Small claims -
County Court - Court of Appeal
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Fast track -
High Court - Court of Appeal
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Multi-track -
Court of Appeal - Supreme Court
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Leapfrog appeal if the point of law is of public importance
Administration of Justice Act 1969
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2nd appeals allowed if there is an important point of principle or practice
S5 Access to Justice Act 1999
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Employment Tribunals - Law
Employment Tribunal (Constitution and Rules of Procedure) Regulations 2013
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Judicial body
3 people - a chairman and representative of HR or unions
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Employment Tribunals - process
-Claimant fills an ET1 form
-ET3 form sent to and filled out by respondent
-After the hearing, the panel makes a legally binding decision
-ET3 form sent to and filled out by respondent
-After the hearing, the panel makes a legally binding decision
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Employment Appeal Tribunal (EAT)
-Reconsideration must be done within 14 days
-Appeals to EAT must be done within 42 days
-Appeals to EAT must be done within 42 days
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Civil Law Reforms
Access to Justice Act 1999
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Lord Woolf
-Greater promotion of ADR
- Should be quicker and more financially accessible
-System should be understandable to those who use it
- Should be quicker and more financially accessible
-System should be understandable to those who use it
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Civil Courts - Pros
-Open to public, important in cases against large companies
- Legally qualified judge
- Legally qualified judge
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Civil Courts - Cons
-High costs
-High stress enviroments
-High stress enviroments
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If one party unreasonably refuses ADR, courts can refuse costs if that party wins
Dunnett v Railtrack
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Courts cannot force parties to use ADR, breach of the human right to a fair trial
Halsey v Milton Keynes NHS
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Negotiation - process
-Parties communicate to reach an agreement
- If parties cannot reach an agreement, a solicitor may act on their behalf
-Not legally binding
- If parties cannot reach an agreement, a solicitor may act on their behalf
-Not legally binding
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Negotiation - Pros
-Quicker to resolve
-Cheaper
-Cheaper
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Negotiation - Cons
-Lack of legal expertise
-Parties may not cooperate/ power imbalances
-Parties may not cooperate/ power imbalances
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Mediation - Process
-Uses a third party mediator
-Mediator is not able to give advice or make suggestions, but ensures discussions are good natured and fair
-Not legally binding
-Mediator is not able to give advice or make suggestions, but ensures discussions are good natured and fair
-Not legally binding
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Mediation - Services
-Relate (separated couples)
-Center for Dispute Resolution (businesses)
-Small Claims Mediation Service
-Center for Dispute Resolution (businesses)
-Small Claims Mediation Service
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Mediation - Pros
-Maintain relationships
- Less intimidating than court
- Less intimidating than court
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Mediation - Cons
-Lack of legal expertise
-Depends on the skill of the mediator in maintaining amicable conversations
-Depends on the skill of the mediator in maintaining amicable conversations
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Conciliation - Process
-Third party conciliator
-Can offer advice and proposals on how the dispute is resolved
-Not legally binding
-Can offer advice and proposals on how the dispute is resolved
-Not legally binding
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Conciliation - Services
-ACAS (Advisory, Conciliation and Arbitration Services) (employment disputes)
-National Conciliation Service (motor vehicle retailers and consumers)
-National Conciliation Service (motor vehicle retailers and consumers)
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Conciliation - Pros
-Privacy
-Cheaper and quicker
-Cheaper and quicker
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Conciliation - Cons
-No guarantee of a resolution
-Not legally binding
-Not legally binding
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Arbitration - Law
S1 Arbitration Act 1996
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Arbitration - Process
-Third party arbitrator acts as a judge
-They have legal/ specialist knowledge
-Paper based or oral hearing
-Award given at the end, which is legally binding
-They have legal/ specialist knowledge
-Paper based or oral hearing
-Award given at the end, which is legally binding
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Arbitration - Services
-ACAS
ABAT (Association for British Travel Agents)
ABAT (Association for British Travel Agents)
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If a contract says arbitration will be used if a dispute arises, it must be used
Scott v Avery clause
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Arbitration - Appeals
-Procedural erros
-Procedural erros
S68 Arbitration Act 1996
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Arbitration - Appeals
-Point of law
-Point of law
S69 Arbitration Act 1996
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Arbitration - Pros
-Specialist expertise
-Legally binding
-Legally binding
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Arbitration - Cons
-Higher cost for a professional arbitrator
-Inconsistent decisions, arbitrators aren't bound by precedents
-Inconsistent decisions, arbitrators aren't bound by precedents
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Magistrates' Court - Law
Magistrates' Court Act 1980
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Magistrates' Court - cases
-Contains Youth Courts
-Side matters connected with criminal cases
-Warrants
-Legal aid
-Bail applications
-Side matters connected with criminal cases
-Warrants
-Legal aid
-Bail applications
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Judge cannot force a jury to make a guilty verdict
Wang
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Judge cannot interfere with the jury process
McKenna
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Judge must accept the jury's decision
Bushell
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Disclosure of what happened in the jury room is a criminal offence
Contempt of Court Act 1981
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If a unanimous verdict cannot be made, after 2 hours 10 of 12 majority verdict can be made
Criminal Justice Act 1967
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Jury qualifications - Law
Juries Act 1974
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Jury qualifications
-Aged 18-75
-UK resident for 5 years since age 13
-UK resident for 5 years since age 13
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Judges, lawyers, police and doctors can be jurors
Criminal Justice Act 2003
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Jury disqualifications
-On bail
-Someone who has served jail time in the last ten years
-Someone who has served jail time in the last ten years
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Jury member must have sufficient capacity to sit on a jury
Juries Act 1974
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Jury Selection - prior to court
Central Jury Summoning Bureau
- responsible for randomly finding jury members
Jury vetting:
-Criminal Records Bureau check
-Authorised jury check, can only be authorised by the Attorney General
- responsible for randomly finding jury members
Jury vetting:
-Criminal Records Bureau check
-Authorised jury check, can only be authorised by the Attorney General
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Jury Selection - at court
-15 jury members are chosen, 'jury in waiting'
-12 are chosen
-If the case lasts longer than 10 days, they will be given the option not to sit on that articular trial
-12 are chosen
-If the case lasts longer than 10 days, they will be given the option not to sit on that articular trial
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Challenging a Jury - to the array
Challenging the entire jury for bias selection (Romford jury)
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Challenging the Jury - For cause
Challenge an individual juror
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Challenging the Jury - Prosecutions right to stand by jurors
Put an individual to the end of the list of jurors
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No right to 'hand-pick' the jury
Ford
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Jury - Pros
-Less likely to be prejudice
-Less corruption - Northern Ireland Diplock Courts used confessions as evidence, Criminal Case Review Comission found many miscarriages of justice
-Less corruption - Northern Ireland Diplock Courts used confessions as evidence, Criminal Case Review Comission found many miscarriages of justice
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Jury - Cons
-Contempt of Court Act 1981, don't know how a decision was made - Young, Ouija board
- Disturbing cases/ evidence
- Disturbing cases/ evidence
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Magistrates
-Don't have legal qualification
-Assisted by a legal advisor
-Assisted by a legal advisor
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Magistrates - Qualifications Law
Courts Act 2003
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Magistrates - Qualifications
-18 - 65
-Minimum of 26 half days a year for five years
-Minimum of 26 half days a year for five years
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Magistrates - Exclusions
-Police officers, traffic wardens, probation officers, army, certain criminal convictions
-Family members of those working in local criminal justice systems, but can be a magistrate in different areas
-Family members of those working in local criminal justice systems, but can be a magistrate in different areas
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Magistrates - Six key qualities
-Lord Chancellor:
-Good character
-Good understanding
-Social awareness
-Sound temperament
-Sound judgement
-Commitment and reliability
-Good character
-Good understanding
-Social awareness
-Sound temperament
-Sound judgement
-Commitment and reliability
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Magistrates - Process
-Oath/ affirmation of allegiance to the monarch
-Judicial oath/ affirmation to fulfill duties fairly, lawfully and unbiased
-Judicial oath/ affirmation to fulfill duties fairly, lawfully and unbiased
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Solicitors - Law
Legal Services Act 2007
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Solicitors - Duty
-Act on behalf of clients
-Regulated by Solicitors' Regulation Authority (SRA)
-Advocacy
-Regulated by Solicitors' Regulation Authority (SRA)
-Advocacy
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Solicitors can represent in higher courts when they have completed training course and exam on rules of evidence (Higher Rights of Audience)
Courts and Legal Services Act 1990
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Queen Council
-Seen as leaders in their area of law
-Take on more complex cases
-Can apply after 10 years of advocacy with Higher Rights of Audience certificate
-Take on more complex cases
-Can apply after 10 years of advocacy with Higher Rights of Audience certificate
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Regulation of Solicitors - Law Society
-Governing body of solicitors
-Practicing solicitors must be members
-Leads debates on issues affecting solicitors, influence policy and legislation
-Proactive in changing qualifications e.g. solicitor apprenticeship route
-Practicing solicitors must be members
-Leads debates on issues affecting solicitors, influence policy and legislation
-Proactive in changing qualifications e.g. solicitor apprenticeship route
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Regulation of Solicitors - Solicitor Regulation Authority (SRA)
-Deals with complaints about solicitor misconduct
-Have a code of conduct solicitors must abide by
-Have a code of conduct solicitors must abide by
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SRA - negligent advocacy complaints
Hall v Simons
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SRA - negligent work/ advise
White v Jones
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SRA - Sanctions
-Warnings
-Disciplinary sanctions (e.g. fines up to £2000)
-Referral to Solicitors' Disciplinary Trial
-Disciplinary sanctions (e.g. fines up to £2000)
-Referral to Solicitors' Disciplinary Trial
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Regulation of Solicitors - Solicitors' Disciplinary Trial
-Can fine or reprimand the solicitor
-Suspend them from the roll (they cannot practice for an amount of time)
-Strike them from the roll
-Suspend them from the roll (they cannot practice for an amount of time)
-Strike them from the roll
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Regulation of Solicitors - Legal Ombudsman - Law
Set up by the Office for Legal Complaints through the Legal Services Act 2007
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Legal Ombudsman
-Deals with complaints about the handling of complaints
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Legal Ombudsman - Sanctions
-Apologise to the client
-Do more work to put right what went wrong
-Reduce or refund legal fees
-Pay compensation up to £50,000
-Do more work to put right what went wrong
-Reduce or refund legal fees
-Pay compensation up to £50,000
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Legal Executives - Law
Legal Services Act 2007
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Legal Executives
-Qualified lawyers who work solicitors' firms as assistants
-Support work of solicitors, provide advice, research cases, draft legal documents, represent clients on a limited basis (e.g. civil cases in County Court)
-Support work of solicitors, provide advice, research cases, draft legal documents, represent clients on a limited basis (e.g. civil cases in County Court)
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Legal Executives - Qualifications
Must pass:
-Chartered Institute of Legal Executives' Professional Qualification in Law
-One of: Civil, Criminal, Family Proceedings Certificate
-Chartered Institute of Legal Executives' Professional Qualification in Law
-One of: Civil, Criminal, Family Proceedings Certificate
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Regulation of Legal Executives - Chartered Institution of Legal Executives (CILex)
-All legal executives are members
-Provides education, training and development of skills
-Has a code of conduct but don't regulate them
-Provides education, training and development of skills
-Has a code of conduct but don't regulate them
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Regulation of Legal Executives - CILex Regulation Board
-Investigates complaints
-Usually related to high costs, inexcusable delays of completing work
-Usually related to high costs, inexcusable delays of completing work
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Regulation of Legal Executives - Board's Professional Conduct Panel review
-Serious matters refereed to Disciplinary Tribunal who can reprimand, warn, fine or revoke membership
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Inferior Judges
-District Judges
-Circuit Judges
-Recorder
-Circuit Judges
-Recorder
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District Judges
-County or Magistrates' Court
-Small track claims
-All summary and some triable either way offences
-Small track claims
-All summary and some triable either way offences
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Circuit Judges
-County or Crown Court
-Fast track and multi-track claims
-Triable either way or indictable offences
-Fast track and multi-track claims
-Triable either way or indictable offences
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Recorders
-Part-time judges
-Usually in Crown Court, some in the County Court
-Appointed for a period of five years
-Usually in Crown Court, some in the County Court
-Appointed for a period of five years
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Superior Judges
High Court Judges, Lord/Lady Justices of Appeal, Justices of the Supreme Court
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High Court Judges
-Civil appeals from fast track
-Multi-track of first instance
-QBD appeals from Magistrates' Court
-Crown Court
-Multi-track of first instance
-QBD appeals from Magistrates' Court
-Crown Court
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Lord/Lady Justices of Appeal
-Appeals from civil and criminal cases
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Justices of Supreme Court
-Appeals on a point of law
-Appeals must have an uneven number of Justices
-Decisions made become precedent for lower courts
-Appeals must have an uneven number of Justices
-Decisions made become precedent for lower courts
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Aims of Sentencing - Law
S142 Criminal Justice Act 2003
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Aims of Sentencing
-Retribution
-Deterrence
-Incapacitation
-Rehabilitation/ Reform
-Reparation
-Denunciation
-Deterrence
-Incapacitation
-Rehabilitation/ Reform
-Reparation
-Denunciation
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Sentencing Factors - Law
S143(1) Criminal Justice Act 2003
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Aggravating Factors
-Previous convictions of similar offences
-D on bail
-Hostility towards race, religion, disability or sexuality
-Vulnerable V
- V serving the public e.g. nurse in a hospital
-D on bail
-Hostility towards race, religion, disability or sexuality
-Vulnerable V
- V serving the public e.g. nurse in a hospital
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Mitigating Factors
-Co-operating with police investigation
-Mental or physical illness
-No prior convictions
-Evidence of remorse
-Guilty plea at earliest opportunities
-Mental or physical illness
-No prior convictions
-Evidence of remorse
-Guilty plea at earliest opportunities
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Legal Aid Agency
-Provide legal aid services from solicitors, barristers and non-profit sector
-Fund Civil Legal Advice Service
-Fund Civil Legal Advice Service
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Legal Aid Agency - Means Test
Unavailable for:
- Disposable capital over £8000
-Disposable income over £733 a month
- Disposable capital over £8000
-Disposable income over £733 a month
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Legal Aid Agency - Merit Test
-Likelihood of success
-Amount of damages likely to be awarded
-Conduct of parties
-Amount of damages likely to be awarded
-Conduct of parties
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Community Legal Advice Centres
-Advise on debt, welfare and housing
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Service Providers
-Advice from solicitors or non-profit organisation
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Citizen Advice Bureaux
Support provided - legal help, help at count, family medication and legal representation
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Legal Aid - Available
-Domestic abuse
-Debt (if home is at risk)
-Special education needs
-Debt (if home is at risk)
-Special education needs
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Legal Aid - Unavailable
-Small claims
-Negligence
-Defamation
-Negligence
-Defamation
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Legal Aid - Civil - Pros
-Only goes to poorest in society
-Access to justice, Article 6 Human Rights Act 1998, right to a fair trial
-Access to justice, Article 6 Human Rights Act 1998, right to a fair trial
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Legal Aid - Civil -Cons
-Cuts in funding, Ministry of Justice cut budget by £320 mil in 2014
-Only available for specific areas
-Only available for specific areas
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Legal Aid - Criminal - Law
Legal Aid Agency set up via Legal Aid Sentencing and Punishment of Offenders Act 2012 (LASPO)
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Public Defender Service
-Run by Legal Aid Agency
-Provide legal representation at police stations and courts
-D must qualify for Interest of Justice and Means test
-Provide legal representation at police stations and courts
-D must qualify for Interest of Justice and Means test
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Interest of Justice
-D is likely to lose liberty, livelihood or reputation
-Case considers and point of law
-D is unable to understand the proceedings or state their own case
-Case considers and point of law
-D is unable to understand the proceedings or state their own case
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Means Test
Magistrates Court - on income support
-D under 16 or under 18 and in full-time education
-earn under £12,475
Crown Court - annual household disposable income under £3398
-£3399 - £37,500, pay in part to legal aid
-over £37,500, no legal aid
-D under 16 or under 18 and in full-time education
-earn under £12,475
Crown Court - annual household disposable income under £3398
-£3399 - £37,500, pay in part to legal aid
-over £37,500, no legal aid
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Public Defender Service - General Support
-Accredited police station representation
-Duty solicitors - represent clients under investigation
-Advocates
-Duty solicitors - represent clients under investigation
-Advocates
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Franchised Firms
-Contracted by Legal Aid Agency
-Provide legal services to the D
-Provide legal services to the D
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S13 LASPO
Initial advice and assistance available to those detained at police stations, including:
-telephone advice - solicitors get details on the events, give advice on best ways to proceed
-Attendance at police station - sit in on police interviews, give advice
-telephone advice - solicitors get details on the events, give advice on best ways to proceed
-Attendance at police station - sit in on police interviews, give advice
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Legal Aid - Criminal - Pros
-Only go to poorest
-Easier to get funding in Crown Court, funds go to those who are facing higher sentences
-Easier to get funding in Crown Court, funds go to those who are facing higher sentences
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Legal Aid - Criminal - Cons
-Budget cuts
-Difficult to get funding for Magistrates
-Difficult to get funding for Magistrates
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Conditional Fee Agreements (CFAs)
No win, no fee
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CFA - Law
S44 LASPO and Conditional Fee Agreements Order 2013
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CFA
-Success fee paid from compensations on top of standard charges
-Success fee - max 25% of damages received
-'After the event' insurance protects losing party from paying costs out of pocket
-Success fee - max 25% of damages received
-'After the event' insurance protects losing party from paying costs out of pocket
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CFAs - Pros
-Widely available
-Capped success fees, before CFA Order 2013 it could be up to 100%, clients would owe money to lawyers despite winning
-Capped success fees, before CFA Order 2013 it could be up to 100%, clients would owe money to lawyers despite winning
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CFAs - Cons
-Not available for all civil matters, focus on high win matters (e.g. personal injury)
-Court costs may not be covered by agreement
-Court costs may not be covered by agreement
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Citizen Advice Bureau
-Gives free advice to anyone
-Mostly on welfare and debt
-Provide info on legal aid solicitors
-Influence gov policies
-Mostly on welfare and debt
-Provide info on legal aid solicitors
-Influence gov policies
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Legal Centres
-Grant aided non-profit
-Provide free, professional legal service
-Employ solicitors, barristers, legal advisors, community workers
-Provide free, professional legal service
-Employ solicitors, barristers, legal advisors, community workers
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Trade Unions
-Represent rights of employees (e.g. unfair dismissal, discrimination, poor working conditions)
-Legal advice or representation at employment tribunals
-Involves monthly subscription
-Legal advice or representation at employment tribunals
-Involves monthly subscription
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Charities
-IPSEA - legal support for parents/ careers with children with special education needs
-Shelter - legal advice/ representation for those made homeless/ facing eviction
-Shelter - legal advice/ representation for those made homeless/ facing eviction
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Other cards in this set
Card 2
Front
-Law must be accessible
-Law should be apply equally to all
-Means must be provided for resolving civil disputes which parties cannot resolve themselves
-Law should be apply equally to all
-Means must be provided for resolving civil disputes which parties cannot resolve themselves
Back
Lord Bingham
Card 3
Front
Small claims, fast track and multi-track
-contract disputes
-disputes linked to land
-land recovery
-matters connected to trust mortgages and dissolution of partnership (<£30,000)
- probate disputes
-defamation disputes
-contract disputes
-disputes linked to land
-land recovery
-matters connected to trust mortgages and dissolution of partnership (<£30,000)
- probate disputes
-defamation disputes
Back
Card 4
Front
Multi-track
-Queen's Bench Division
-Chancery Division
-Family Division
-Queen's Bench Division
-Chancery Division
-Family Division
Back
Card 5
Front
-Commercial Court
-Admiralty Court
-Technology and Construction Court
-Admiralty Court
-Technology and Construction Court
Back
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