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Lecture notes Unit 1 - Dispute Solving in the Legal System (NEC13LAW)

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Booklet 2 Damages: Compensation paid by the defendant to the claimant, aiming to restore the claimant to their pre-incident position. Includes pecuniary losses (special damages) and non-pecuniary losses (general damages). Advice and Funding: Various sources such as solicitors, barristers, Citizen’s Advice, law centres, and insurance companies. Funding options include private, public, trade unions, pro bono, and conditional fee agreements. Civil Courts: Cases are handled by the county court or high court. Judges in the court of first instance hear facts and apply the law, while judges in the court of appeal handle matters of public importance and can change original sentences. Alternative Dispute Resolution (ADR): Methods include ombudsman, negotiation, mediation, conciliation, and arbitration. These methods aim to resolve disputes outside of court, often being less formal and less costly

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Uploaded on
September 15, 2024
Number of pages
8
Written in
2023/2024
Type
Lecture notes
Professor(s)
Christopher prince
Contains
All classes

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BTEC APPLIED LAW

Unit 1: dispute solving civil law


Damages, funding/ advice, civil courts/ ADR

, Damages (compensation)
-a sum of money paid by D to the C once liability has been found
-restore the C to their pre-incident position
-2 types (pecuniary losses and non pecuniary losses)
Pecuniary losses:
-Special damages
-Especially easy to work out
-Losses that can be calculated at the time of the trial
-Court awards
Non pecuniary losses:
-General damages
-Generally harder to work out
-Other forms of financial compensation
-Pain and suffering or damage for future financial loss


loss of future earnings:
Annual earnings x years you can't work for = damages
Case example→ Pickett v British Rail: C inhaled asbestos causing
mesothelioma. Evidence gave C one year to live
Mitigation of loss- C has duty to mitigate loss as much as possible
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