Understanding Civil Courts and ADR

Quick disclaimer, this is an AEI voice which is not going to be perfect. There is a transcript in the description as well as subtitles for you to read along with. Civil courts are the main method of resolving civil disputes. However, there are other methods of solving these disputes. The aim of civil law is to protect people and businesses in society and ensure their rights are not infringed on. The outcome for civil courts is compensation for the claimant or an injunction on the defendant. Civil cases can start in county courts or high courts depending on the complexity of the case and the amount that is being claimed. The procedure to get into the civil court system depends on which court the parties are starting in. If the parties are using the county court, the claimant can choose to issue the claim with any of the 200 county courts. If the parties are using the high court, the claimant can go to one of the 20 district registries or the main court in London. When starting a claim, the claimant fills out an N1 form. which outlines the details of the case. When the defendant receives the N1 claim form, they can admit the claim and pay the full amount, or they can dispute the claim. The defendant can also do nothing, and the claimant can ask the court to make an order that the defendant pay the money or costs claimed. The county court's main jurisdiction is to hear all contract and tort cases, hear cases for the recovery of land, and hear disputes for equitable matters. The high court's main jurisdiction is to hear all civil cases. The high court has three divisions, the King's Bench Division, the Chancery Division and the Family Division. The King's Bench Division has 70 judges and has the main purpose of regulating the courts and dealing with appeals. The Chancery Division has 17 High Court judges and has the main purpose of dealing with matters such as insolvency, mortgages and patents. The Family Division has 17 High Court judges and has the main purpose of hearing cases relating to children and family. There are three tracks that a civil claim can go into. the small claims track the fast track and the multa track the small claims track is for claims up to the value of 10 000 pounds but is limited to 1 500 pounds for personal injury these cases are heard by a district judge the hearings are a maximum of three hours with a limited number of witnesses both the claimant and the defendant are encouraged to represent themselves to help reduce the costs the advantages of using the small claims tracker that it is cheap quick the parties represent themselves and they can receive help from the judge. However, the disadvantage is of using the small claims trackers that there is an allocation fee, there is no legal funding, the judge usually is not helpful and the claimant may not get the money that they are claiming. The fast trackers for claims up to the value of £25,000. These cases are heard within 30 days and the hearing is a maximum of one day. For these cases, the court can set a strict timetable for pre-trial matters. If the parties don't follow this timetable, the case can be thrown out. or the judgment in default can be awarded. The advantages of the fast trackers, it is fast, witnesses can be used and the parties can have legal representation. However, the disadvantages of the fast trackers that it still takes a long time. The parties are limited to one witness and the cost of legal representation may be higher than the amount being claimed. A multi-track is for claims between the value of £25,000 and £100,000 for the county court and in any amount over £100,000 for the high court. These cases are heard by a circuit judge who can set a strict timetable, the disclosure of relevant documents, the number of witnesses and how long the case will last. The case for this track will last approximately three years and is the most expensive track as the parties may have to pay lawyers. The advantages of a multi-track is that there are unlimited witnesses, the parties can have legal representation and complex cases are dealt with by a specialist. However, the disadvantages of the multi-track is that it lasts a long time. There are no limits to the cost. There are so many cases that the courts cannot cope with the demand and complex cases may be of usual value. If one of the parties in the case feel the ruling of the case was incorrect for any reason, they can appeal the decision to a court that is higher in the hierarchy. In order to do this, the individual needs permission to appeal that case from a judge. As well as this, the judge will only grant permission for the appeal if the individual has the proper legal grounds for the appeal, or the judge believes that there was an error that affected the fairness of the result. The appeal route for the small claims track starts at the county court with a district judge. This moves to the high court with a circuit judge. This will move to the court of appeal, which will then move on to the supreme court. The appeal route for the fast track starts at the county court with a circuit judge. This moves to the high court with a high court judge. This will move to the court of appeal, which will then move on to the supreme court. The appeal route for the multi-track starts with a circuit judge, either in the county court or the high court. This can move to the Court of Appeal, which will then move on the Supreme Court. There are many reasons for appeals in the civil court system. There can be an appeal from the district judge to a circuit judge if the law was applied incorrectly, there was an error in the facts of the case, the procedure was not followed properly, or the judge's decision was incorrect. There can be an appeal from the circuit judge to a high court judge if the law was applied incorrectly, there was an error in the facts of the case, the procedure was not followed correctly, or the judge exercised their discretion improperly. There can be an appeal from the circuit judge to the court of appeal. If there is an error in the law, there was an error in the facts of the case, the procedure was not followed correctly, or the case raises issues of public importance, there can be an appeal from the high court judge to the court of appeal. If the law was applied incorrectly, there was an error in the facts of the case, the procedure was not followed correctly, the judge exercised their discretion incorrectly, there can be an appeal from the court of appeal. the Court of Appeal to the Supreme Court if the point of law is of general public importance, there is a conflict in existing case law or the Court of Appeal's decision is unjust. The advantages of using civil courts is that the process is fair as everyone is treated equally and the judge is impartial. As well as this, it is easy to enforce the court's decision. There is an appeal process and the parties can receive legal aid. However, a disadvantage of using civil courts is that the cost of taking a case to court is often more than the amount that is being claimed. As well as this, legal cases are a long and complicated process and the preliminary stages add to the length of the case. In addition, there is no guarantee of winning a case and the party that loses the case may have to pay for the legal costs of the other party. Alternative dispute resolution is any method of resolving a dispute without going to court. The four main methods of alternative dispute resolution is negotiation, mediation, conciliation and arbitration. Negotiation is the act of resolving a dispute by negotiating directly. Mediation is where a neutral third party consults each party to find common ground between them. Conciliation is where a neutral third party suggests grounds for compromise and possible basis for a settlement. Arbitration is where the parties submit their dispute to someone else's judgement, with the arbitrator's decision being final and legally binding. Some commercial contracts may have a Scott v Avery clause. which states that the parties will use arbitration in order to resolve a dispute if they have one. The advantages of using alternative dispute resolution are that it is cheaper and quicker than using the civil courts. However, the disadvantages of using alternative dispute resolution are that they may not work and most methods are not legally binding. Tribunals are a specialist court system that gives people the method of enforcing certain social rights. An employment law tribunal deals with claims against employers by employers. employees, there are three members of the tribunal panel that will decide the case. These members are the employment judge, the person representing the employer, and the person representing the employee. The advantages of using tribunals is that the costs are low and the hearings are short. As well as this, the members of the panel hearing are usually experts in the case, which gives the best result for the case. However, the disadvantages of using tribunals are that legal funding is usually not available and there can often be delays in getting the hearing. Thank you for watching this video on civil courts and alternative dispute resolution. I'll see you in the next lesson.

However, there are other methods of solving these disputes. The aim of civil law is to protect people and businesses in society and ensure their rights are not infringed on. The outcome for civil courts is compensation for the claimant or an injunction on the defendant. Civil cases can start in county courts or high courts depending on the complexity of the case and the amount that is being claimed.

The procedure to get into the civil court system depends on which court the parties are starting in. If the parties are using the county court, the claimant can choose to issue the claim with any of the 200 county courts. If the parties are using the high court, the claimant can go to one of the 20 district registries or the main court in London.

When starting a claim, the claimant fills out an N1 form. which outlines the details of the case. When the defendant receives the N1 claim form, they can admit the claim and pay the full amount, or they can dispute the claim.

The defendant can also do nothing, and the claimant can ask the court to make an order that the defendant pay the money or costs claimed. The county court's main jurisdiction is to hear all contract and tort cases, hear cases for the recovery of land, and hear disputes for equitable matters. The high court's main jurisdiction is to hear all civil cases.

The high court has three divisions, the King's Bench Division, the Chancery Division and the Family Division. The King's Bench Division has 70 judges and has the main purpose of regulating the courts and dealing with appeals. The Chancery Division has 17 High Court judges and has the main purpose of dealing with matters such as insolvency, mortgages and patents. The Family Division has 17 High Court judges and has the main purpose of hearing cases relating to children and family.

There are three tracks that a civil claim can go into. the small claims track the fast track and the multa track the small claims track is for claims up to the value of 10 000 pounds but is limited to 1 500 pounds for personal injury these cases are heard by a district judge the hearings are a maximum of three hours with a limited number of witnesses both the claimant and the defendant are encouraged to represent themselves to help reduce the costs the advantages of using the small claims tracker that it is cheap quick the parties represent themselves and they can receive help from the judge. However, the disadvantage is of using the small claims trackers that there is an allocation fee, there is no legal funding, the judge usually is not helpful and the claimant may not get the money that they are claiming. The fast trackers for claims up to the value of £25,000. These cases are heard within 30 days and the hearing is a maximum of one day.

For these cases, the court can set a strict timetable for pre-trial matters. If the parties don't follow this timetable, the case can be thrown out. or the judgment in default can be awarded. The advantages of the fast trackers, it is fast, witnesses can be used and the parties can have legal representation.

However, the disadvantages of the fast trackers that it still takes a long time. The parties are limited to one witness and the cost of legal representation may be higher than the amount being claimed. A multi-track is for claims between the value of £25,000 and £100,000 for the county court and in any amount over £100,000 for the high court.

These cases are heard by a circuit judge who can set a strict timetable, the disclosure of relevant documents, the number of witnesses and how long the case will last. The case for this track will last approximately three years and is the most expensive track as the parties may have to pay lawyers. The advantages of a multi-track is that there are unlimited witnesses, the parties can have legal representation and complex cases are dealt with by a specialist. However, the disadvantages of the multi-track is that it lasts a long time. There are no limits to the cost.

There are so many cases that the courts cannot cope with the demand and complex cases may be of usual value. If one of the parties in the case feel the ruling of the case was incorrect for any reason, they can appeal the decision to a court that is higher in the hierarchy. In order to do this, the individual needs permission to appeal that case from a judge. As well as this, the judge will only grant permission for the appeal if the individual has the proper legal grounds for the appeal, or the judge believes that there was an error that affected the fairness of the result.

The appeal route for the small claims track starts at the county court with a district judge. This moves to the high court with a circuit judge. This will move to the court of appeal, which will then move on to the supreme court. The appeal route for the fast track starts at the county court with a circuit judge. This moves to the high court with a high court judge.

This will move to the court of appeal, which will then move on to the supreme court. The appeal route for the multi-track starts with a circuit judge, either in the county court or the high court. This can move to the Court of Appeal, which will then move on the Supreme Court. There are many reasons for appeals in the civil court system. There can be an appeal from the district judge to a circuit judge if the law was applied incorrectly, there was an error in the facts of the case, the procedure was not followed properly, or the judge's decision was incorrect.

There can be an appeal from the circuit judge to a high court judge if the law was applied incorrectly, there was an error in the facts of the case, the procedure was not followed correctly, or the judge exercised their discretion improperly. There can be an appeal from the circuit judge to the court of appeal. If there is an error in the law, there was an error in the facts of the case, the procedure was not followed correctly, or the case raises issues of public importance, there can be an appeal from the high court judge to the court of appeal.

If the law was applied incorrectly, there was an error in the facts of the case, the procedure was not followed correctly, the judge exercised their discretion incorrectly, there can be an appeal from the court of appeal. the Court of Appeal to the Supreme Court if the point of law is of general public importance, there is a conflict in existing case law or the Court of Appeal's decision is unjust. The advantages of using civil courts is that the process is fair as everyone is treated equally and the judge is impartial. As well as this, it is easy to enforce the court's decision.

There is an appeal process and the parties can receive legal aid. However, a disadvantage of using civil courts is that the cost of taking a case to court is often more than the amount that is being claimed. As well as this, legal cases are a long and complicated process and the preliminary stages add to the length of the case.

In addition, there is no guarantee of winning a case and the party that loses the case may have to pay for the legal costs of the other party. Alternative dispute resolution is any method of resolving a dispute without going to court. The four main methods of alternative dispute resolution is negotiation, mediation, conciliation and arbitration.

Negotiation is the act of resolving a dispute by negotiating directly. Mediation is where a neutral third party consults each party to find common ground between them. Conciliation is where a neutral third party suggests grounds for compromise and possible basis for a settlement.

Arbitration is where the parties submit their dispute to someone else's judgement, with the arbitrator's decision being final and legally binding. Some commercial contracts may have a Scott v Avery clause. which states that the parties will use arbitration in order to resolve a dispute if they have one. The advantages of using alternative dispute resolution are that it is cheaper and quicker than using the civil courts. However, the disadvantages of using alternative dispute resolution are that they may not work and most methods are not legally binding.

Tribunals are a specialist court system that gives people the method of enforcing certain social rights. An employment law tribunal deals with claims against employers by employers. employees, there are three members of the tribunal panel that will decide the case. These members are the employment judge, the person representing the employer, and the person representing the employee.

The advantages of using tribunals is that the costs are low and the hearings are short. As well as this, the members of the panel hearing are usually experts in the case, which gives the best result for the case. However, the disadvantages of using tribunals are that legal funding is usually not available and there can often be delays in getting the hearing.

Thank you for watching this video on civil courts and alternative dispute resolution. I'll see you in the next lesson.

Transcript for:Understanding Civil Courts and ADR

Transcript for:
Understanding Civil Courts and ADR