ADVANTAGES

• The case will be presided over by a qualified judge, whether in the County Court or the High Court. Judges are experienced, qualified lawyers who can deal with complex legal matters. They will apply established rules of evidence and procedure to ensure the case is dealt with fairly and without favouring one side or the other. When giving their decision on liability, judges will provide reasoned opinions so that the parties can see how a decision is reached
• Reasoned judgements can be studied for accuracy of the law used by the judge to reach a decision. If there are inaccuracies, there is a clear, structured appeal route. Appeals can also be made against the amount of compensation awarded.
• A judge will allocate a defended case at an early stage to the most suitable track and court. It will be case managed through the process to a court hearing to minimise delays. Both parties will know, in advance, the number of witnesses allowed and the length of a hearing
• A legally binding and enforceable decision will be made by the judge. The parties are guaranteed a resolution at the end of the hearing and an enforceable remedy is guaranteed.
• The court system provides open justice as the public and press are able to sit in and report most cases. This can stop individuals and business hiding disputes and outcomes that the public should be aware of
• By considering precedent, lawyers can give informed advice to their clients, at an early stage, of the likely outcome of the case. The client can then assess the strength of the case and whether it is worth pursuing. Precedent can be quoted in court in support of the arguments.
• In some types of claim, a form of funding may be available for the payment of lawyers' fees e.g. in personal injury claims it may be possible to use a no-win, no-fee arrangement