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What are the civil courts? County court and high court What is the role of the civil court? To uphold the rights of the individual. Civil courts hear cases covering Tort law, Contract law, Family law, Employment law, and Company law Previous Play Next Rewind 10 seconds Move forward 10 seconds Unmute 0:02 / 0:15 Full screen Brainpower Read More What cases are heard in the county court? Cases are heard by circuit or district judges, they hear all tort and contract claims, all cases for recovery of land, and disputes over equitable matters such as trusts up to a value of £350,000 What punishments can the civil courts give? Reimbursement/Punitive charges How are decisions reached in the civil courts? Preponderance (balance of liabilities) What cases are heard in the high court? Has 3 specialised divisions, all of which hear cases at first instance and appeal cases from the county court What cases do the Queen's bench division of the high court hear? Tort and contract cases with a value over £100,000 and any minor claim that involves an important point of law. Juries appear in cases of fraud, libel, slander, malicious prosecution, and false imprisonment What cases do the chancery division of the high court hear? Deals with all other civil cases (insolvency, mortgage, repossessions, trust property disputes, copyright, patents, probates, trademarks). Juries are never used. What cases do the family division of the high court hear? International cases involving The Hague Convention and disputes about which country's laws should apply are heard here. Since the Crime and Courts Act (2013), many less serious cases are now dealt with in the family court How will a track system be allocated? The district judge or the Master judge decide which track the case will be allocated to upon receipt of the allocation questionnaire (claimants give details of their case and the compensation they want to receive What cases are allocated to a "small claims" track system? Disputes under £10,000 and personal injury cases under £1,000. Clients represent themselves and cannot claim solicitor costs from the other side as it is a personal decision to use one What cases are allocated to a "fast track" system? Claims between £10,000 and £25,000. Court adheres strictly to ADR to ensure time is cut. The aim is to hear the case within 30 weeks. The cases are heard by circuit judges, on a hearing that lasts one day, with only 1 expert allowed. What cases are allocated to a "multi-track" system? Cases over £25,000 and complex cases. The judge deals with the procedural steps without the need for the parties to attend. Under the track system, the High Court will only hear claims under the multi-track and cases over £50,000 for personal injury (or £25,000 for damage to property) What is the aim of case management (track systems)? To reduce costs What is pre-trial procedure? To avoid overloading the courts, people are encouraged to attempt to reach a settlement outside of court using Alternate Dispute Resolution. Parties are encouraged to share all relevant information with each other before a claim is issued. If the other person denies liability/responsibility, the case can go ahead. What are the limits on claims in the county court? £100,000 or less (£50,000 or less for personal injury case) What are the limits on claims in the high court? £100,000 or more (£50,000 or more for personal injury cases) What is the appeal route in the county court? (Appeal on liability or compensation) What is the appeal route in the high court? (Can only appeal if permission is given) What are the advantages of civil courts? Third party is impartial, Result is legally binding, Legal aid is available for low income clients, Legal experience means no exploitation, There's an appeal system if client is dissatisfied. What are the disadvantages of civil courts? Expensive, Time consuming, Complex, The court chooses the trial date, Intimidating What are tribunals? Tribunals run parallel to the court system and allow the public access to inexpensive and fast dispute resolution. The parties in tribunal cases cannot go to court to resolve their dispute. The tribunals enforce rights which have been granted through social and welfare legislation. What are the chambers in the 1st tier tribunals? Social entitlement chamber, Health, education, and social care chamber, War pensions and the armed forces chamber, General regulatory chamber, Taxation chamber, Land, property, and housing chamber, Asylum and immigration chamber, and the Employment chamber. Who are tribunal cases heard by? Cases are heard by tribunal judges. In some cases, two people with expertise in the field of the case will sit with the judge to help them reach a decision (in the Employment chamber, it's a member of the worker's union instead of the expert) What are the chambers in the upper tribunals? Administrative appeals chamber, Tax and chancery chamber, Land chamber, Asylum and Immigration chamber What is the procedure in tribunals? Both sides are given opportunity to put their case forward, funding is only available in a few tribunals so most applicants will not be represented. The decision of a tribunal is always binding. Appeals can only be made of a point of law (first tier, upper tier, court of appeal, supreme court) What are the advantages of using tribunals? They have more expertise than judges, Fast, Cheaper than court, Informal/Less intimidating What are the disadvantages of using tribunals? Lack of funding for the cases presented, More formal than ADR, There can be delays, Cannot pursue the case in court What is negotiation? Communication may be face to face, by letter, email, text, conference call, or other way that is convenient for both parties. How is negotiation a good form of non-court dispute resolution? Any agreement reached is final with no appeal available unless the case is taken to court, clients can instruct solicitors who would consult on their behalf should that happen. What are the advantages of using negotiation? Fast, Cheap, Can be used any time, Private What are the disadvantages of using negotiation? Lengthy delays, Lack of legal expertise, Uncertainty, Antagonistic. What is mediation? Involves a neutral third party, called a mediator, who carries offers to and fro from the parties whilst maintaining confidentiality. When is mediation most commonly used? Family cases (but never in those where domestic