Law

• What does ADR stand for?

  Alternative Dispute Resolution
• What prompted the development of the Civil Procedure Rules 1998?

  The Woolf Report encouraged the use of ADR
• What was established in Halsey v Milton Keynes General NHS Trust?

  The courts cannot force ADR participation
• What can courts do in Dunnett v Railtrack if parties refuse ADR methods?

  Issue an adverse costs order
• What is the least formal method of ADR?

  Negotiation
• What role does a third party play in mediation?

  Acts as a go-between without giving views
• What does the Family Law Act 1996 encourage?

  The use of mediation in family law
• What do MIAMS stand for?

  Mediation Information and Assessment Meetings
• What is the approximate cost of MIAMS?

  £140
• What is the role of a third party in conciliation?

  Suggests ideas for a settlement
• What organization provides third-party assistance in conciliation?

  ACAS
• What is the most formal method of ADR?

  Arbitration
• What does the Arbitration Act 1996 cover?

  Arbitration procedures
• What is the name of the binding decision in arbitration?

  Award
• What is the Institute of Arbitrators?

  Organization providing independent decision makers
• What does Scott v Avery establish?

  Parties agree to arbitration for disputes
• What are the four main problems identified in the Access to Justice Report 1996?

  • Expense
  • Delays
  • Complexity
  • Adversarial nature
• How many recommendations did Lord Woolf make?

  303
• What is the overriding objective of Rule 1 CPR?

  To deal with cases justly and at proportionate cost
• What does the Access to Justice Act 1999 respond to?

  The Access to Justice Report 1996
• What are the three categories of simplification in civil process?

  1. Wording changes (e.g., 'plaintiff' to 'claimant')
  2. Introduction of the 3 Track System
  3. Judicial Case Management
• What is the purpose of the 3 Track System?

  To categorize cases into small claims, fast track, and multi-track
• What does Judicial Case Management aim to do?

  Speed up proceedings and encourage ADR
• What do Pre-Action Protocols lead to?

  Different procedures for each issue
• What happens if parties refuse to try ADR methods?

  Courts can issue an adverse costs order
• Who was critical of the reforms according to Professor Michael Zander?

  He felt reforms didn't improve most problems
• What was Tony Allen's view on the reforms?

  He felt there may be improvements to delays/cost
• What does s37 of the Police and Criminal Evidence Act 1984 state?

  You can be released on bail without charge
• Who spent over 2 months on bail without charge?

  Christopher Jefferies
• What does s62 of the Policing and Crime Act 2016 introduce?

  A new 28-day limit for suspects on bail
• What does s38 of the Police and Criminal Evidence Act 1984 allow?

  Release on bail after charge pending trial
• What does s4 of the Criminal Justice Act 2003 cover?

  Street bail
• What are common reasons for refusing bail?

  Doubt over identity or risk of non-attendance
• What does s4 of the Bail Act 1976 state?

  Presumption in favor of bail
• What factors must the court consider according to Sch 9?

  Nature, seriousness, character, previous convictions
• What does the Criminal Justice and Public Order Act 1994 cover?

  Conditional bail options like sureties and tagging
• Who can grant bail for murder according to s115 of the Coroners and Justice Act 2009?

  Only a Crown Court Judge
• What does s19 of the Criminal Justice Act 2003 state about bail?

  Bail not granted if suspect is on drugs
• What did the Royal Commission on Criminal Procedure (Phillips Commission) investigate?

  Problems before the establishment of CPS
• What Act established the Crown Prosecution Service?

  Prosecution of Offences Act 1985