Evaluation of the civil courts to resolve disputes

• What are the advantages ?

  • Clear and transparent appeals route
  • Case management
  • Clear and precise procedures
• Why is the clear and transparent appeals route an advantage?

  P - both parties have the right to appeal the decision made by the civil courts if they have he proper legal grounds

  D - May include appealing against an amount of compensation awarded or liability.

  EE - Allows for rectification of an mistakes so faith isn't lost in the civil courts system.
• Why is the clear and precise procedures an advantage?

  P - the pre-action protocol and the pre-trail process makes it fair process as both parties must follow the process to ensure a transparent system of resolving disputes, maintain an equality of bargaining power.

  D - if the pre-action protocol isn't followed by one party, the may be viable for cost.

  E - The language is simplified to ensure individuals understand the process as n many small claims parties will represent themselves as the claim is to small for a lawyer - more confident
• Why is Case management an advantage ?

  P - allows a more active process as the judge is control which means they can manage the time of the trial rather than the lawyers.

  D - having a track system tat all cases are treated based on the amount the claim is being made for E.g. a claim of £12,000 is a fast track claim

  E - Simplifying the process and making it quicker to mow which court the case should be heard at.
• What are the disadvantages?

  • Expensive
  • Complicated process
  • Inequality of power
• Why is the cost a disadvantage?

  P - Court fees for starting a clam, a hearing, enforcing it or appealing can be more than what s being claimed for and it can cost thousands if in the high court

  D - No legal aid for cases like family, the large cost for legal representation leads to people representing themselves

  E - not worth using the courts as may end up in a bigger loss than a win as a large sum is lost.
• What is the EE for cost?

  Only 60% of successful claimants receive all the money rewarded which means they could end up with more debt as court fees are paid without receiving the money and it is more fees to get enforcement from the county courts
• Why is a complicated process a disadvantage?

  P - all claims must follow the civil procedure rules and the pre-action protocols which are all rule, forms and procedure that must be completed as any incorrect process can cause delays.

  D - there are statutory time limits for bringing claims E.g. employment is 3 months

  E - the confusion of the process can cause huge problem, especially is one or both parties don't have a lawyer
• Why is the inequality of power a disadvantage?

  P - Richer businesses may be able to afford more experienced lawyers E.g. someone who is representing themselves should receive help from a District Judge more than their opposition parties.

  D - research by Baldwin shows that this isn't always the case with unrepresented claimants being pressured to speed up their arguments or criticised for not explaining clearly by the district judge