advantages/disadvantages

• What are the 3 disadvantages of using the courts to resolve disputes?

  • Cost
  • Delay
  • Complicated
• How is cost a disadvantage of using the court?

  The costs of taking a case to court are often more than the amount claimed. In the High Court, the cost can be hundreds of thousands of pounds. For smaller claims, the costs are often more than the amount claimed.
• How is delay a disadvantage of using the courts to resolve disputes?

  There are many preliminary stages to go through that add to the length of a case. Even after the case is set down for hearing at court there is a still a long wait, usually about a year for larger claims before the case is heard in court. The total of all this means that some cases aren't finished for years.
• How is the complicated process a disadvantage of using the courts to resolve disputes?

  There may be compulsory steps to be taken before a case is started in court. When a case is started in court, there are forms to be filled in and set procedures to follow. These are all set out in the Civil Procedures Rules. All of this makes it complicated for an ordinary person to take a case without legal advice and help.
• What are the 5 advantages of using the courts to resolve disputes?

  • The process is fair.
  • Trial is conducted by a legal expert.
  • Legal aid is available.
  • Enforcement of the court's decision.
  • Specific appeal routes.
• How is the process being fair an advantage of using the courts to resolve disputes?

  The process is fair in that everyone is treated alike. The judge is impartial.
• How is the trial being conducted by a legal expert an advantage of using the court to resolve disputes?

  The trial is being conducted by a legal expert with the decision being made by a judge who is an experienced and qualified lawyer.
• How is the fact that legal aid is available an advantage of using the courts to resolve disputes?

  It may be possible to get legal aid, although legal aid for civil cases has been considerably reduced. There are still some types of cases where its available in the courts whereas legal aid is not usually available in tribunals or other methods of dispute resolution.
• How is the enforcement of the court's decision an advantage of using the courts to resolve disputes?

  Enforcement of the court's decision is easier as any decision made by a court can be enforced through the courts.
• How are specific appeal routes an advantage of using the courts to resolve disputes?

  There is an appeal process with specific appeal routes from decisions made in the courts, so, if the claimant isn't happy with the decision, it's usually possible to appeal against it.