Civil courts and ADR

• What is the first court in the civil hierarchy?

  County Court
• Name one type of dispute heard at the County Court.


  Businesses trying to recover money that they are owed
• What is another type of dispute heard at the County Court?


  Individuals seeking compensation for injuries
• What is a third type of dispute heard at the County Court?


  Landowners seeking orders that will prevent trespass
• How many divisions is the High Court separated into?


  Three divisions
• What types of cases are heard in the Queen's Bench Division of the High Court?


  Tort and contract cases which aren't suitable for County Court
• What matters does the Divisional Court of the High Court deal with?


  Criminal appeals and judicial review
• What types of cases does the Chancery Division handle?


  Tax, property, wills & probate, and bankruptcy cases
• What disputes does the Family Division of the High Court address?


  Disputes under the Hague convention
• What type of cases does the High Court Family Division hear following the Crime and Courts Act 2013?


  Adoption, divorce, wills, and child custody cases
• What is the primary method of resolving civil cases before they reach court?

  Alternative dispute resolution (ADR)
• How many separate pre-action protocols are there currently?


  Sixteen separate pre-action protocols
• What are the steps of a pre-action protocol in a personal injury case?


  1. Letter of claim: sets out why D is at fault and details of the injury.
  2. D has 3 months to investigate, admit liability, or explain why liability is denied.
  3. Parties agree on an expert witness if required.
• What form must a claimant complete to issue proceedings if a case cannot be settled?


  Form N1
• What is the fee range a claimant must pay when completing a Form N1?


  Between £25-£10,000 for low value claims
• What are the three tracks in the civil court system?

  1. Small Claims Track: Claims under £10,000.
  2. Fast Track: Claims between £10,000 and £25,000.
  3. Multi-Track: Claims over £25,000 or more complex cases.
• What is the maximum claim value for the Small Claims Track?


  £10,000
• What is the claim value range for the Fast Track?


  £10,000 to £25,000
• What is the claim value for the Multi-Track?


  Over £25,000 or more complex cases
• Who hears cases in the Small Claims Track?

  District judge
• Who hears cases in the Fast Track?

  Circuit judge
• Who hears cases in the Multi-Track?

  Puisne judge
• What is the approach taken in the Small Claims Track?


  Inquisitorial approach
• What is the trial limit in the Small Claims Track?


  Trial limited to 1 day
• What is the appeal process for Small Claims/Fast Track cases?


  Appeals are brought to the Court of Appeal in exceptional circumstances
• What is the appeal process for Multi-Track cases?


  Appeals can go to the Supreme Court on a point of law of general public importance
• Who hears appeals from the High Court?


  The Court of Appeal
• What are the reasons why ADR is needed?


  • Negotiation
  • Mediation
  • Conciliation
  • Arbitration
• What is negotiation in the context of dispute resolution?


  The least formal way to resolve a dispute where parties negotiate a settlement before court action is taken
• Who tends to be involved in the negotiation process?

  The solicitors of the parties
• What is the role of a mediator?


  To help those in dispute reach a compromise solution
• When is mediation usually successful?


  When there is hope that the parties can and will cooperate
• What are the benefits of mediation?


  • Less stressful than court
  • Can be cheaper than going to court
  • Empowers parties to control the process and outcome
• What must parties show before starting any proceedings in court regarding family mediation?


  They have attended a Mediation Information and Assessment Meeting (MIAM)
• What is the cost structure of tribunals compared to civil courts?


  Cheaper than civil courts; loser does not pay the other's costs
• What are the rights enforced by tribunals?


  • Right to redundancy pay
  • Right to mobility allowance
  • Right to not be discriminated against
• What Act reformed the tribunal system?

  Tribunals, Courts and Enforcement Act 2007
• How many cases does the First-tier Tribunal deal with annually?


  Approximately 600,000 cases
• What are the seven chambers of the First-tier Tribunal?


  1. War, pensions & armed forces compensation
  2. Social entitlement chamber
  3. Health, education & social care chamber
  4. General regulatory chamber
  5. Tax chamber
  6. Immigration & asylum chamber
  7. Property chamber
• Who hears cases in the First-tier Tribunal?


  A tribunal judge, sometimes assisted by lay members