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Understanding Civil Courts and ADR

Feb 4, 2025

Civil Courts and Alternative Dispute Resolution

Overview

  • Civil Courts: Main method for resolving civil disputes.
  • Civil Law Aim: Protect people and businesses, ensure rights aren't infringed.
  • Outcomes: Compensation or injunction.

Civil Court System

  • Start of Cases:
    • County courts or high courts based on complexity and claim amount.
    • County courts: Any of the 200 courts.
    • High courts: 20 district registries or main court in London.
  • Filing a Claim: Fill out an N1 form.
  • Defendant Options:
    • Admit and pay.
    • Dispute the claim.
    • Do nothing - claimant can request court order.

Jurisdictions

  • County Court:
    • Contract and tort cases.
    • Recovery of land.
    • Equitable matters.
  • High Court:
    • All civil cases.
    • Divisions:
      • King's Bench: Regulation and appeals.
      • Chancery: Insolvency, mortgages, patents.
      • Family: Children and family cases.

Civil Claims Tracks

  • Small Claims Track:
    • Claims up to £10,000; £1,500 for personal injury.
    • Heard by district judge; max 3-hour hearings.
    • Pros: Cheap, quick, self-representation.
    • Cons: Allocation fee, no legal funding, potentially unhelpful judge.
  • Fast Track:
    • Claims up to £25,000.
    • Heard within 30 days; max 1-day hearings.
    • Pros: Fast, witnesses allowed, legal representation possible.
    • Cons: Limited witnesses, high legal costs.
  • Multi-Track:
    • Claims £25,000 - £100,000 (county court); over £100,000 (high court).
    • Heard by circuit judge; complex cases with strict timetable.
    • Pros: Unlimited witnesses, specialist judges.
    • Cons: Expensive, lengthy, demand exceeds capacity.

Appeals

  • Process:
    • Requires permission with legal grounds or error affecting fairness.
  • Routes:
    • Small claims: County court → High court → Court of Appeal → Supreme Court.
    • Fast track: County court → High court → Court of Appeal → Supreme Court.
    • Multi-track: Circuit judge → Court of Appeal → Supreme Court.
  • Reasons for Appeals:
    • Incorrect law application, factual errors, procedural issues, discretion misuse.

Advantages and Disadvantages of Civil Courts

  • Advantages:
    • Fair process, easy enforcement, appeal process, legal aid.
  • Disadvantages:
    • High costs, lengthy, complex process, no winning guarantee, loser pays costs.

Alternative Dispute Resolution (ADR)

  • Methods:
    • Negotiation: Direct resolution.
    • Mediation: Neutral third-party consults parties.
    • Conciliation: Neutral suggests settlement.
    • Arbitration: Binding third-party judgement.
    • Scott v Avery clause: Prior agreement for arbitration.
  • Pros:
    • Cheaper, quicker than courts.
  • Cons:
    • May not work, often not legally binding.

Tribunals

  • Purpose: Enforce social rights, e.g., employment law.
  • Panel Composition: Employment judge, representatives of employer and employee.
  • Pros:
    • Low costs, short hearings, expert panel.
  • Cons:
    • Limited legal funding, potential delays.

Note: Alternative dispute resolution is often preferred for being cost-effective and swift, whereas civil courts provide a structured and legally binding resolution.

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