evaluation of the civil courts

• The case will be presided over by a qualified judge, whether in the county or high court. Judges are experienced, qualified lawyers who can deal with complex legal matters. Judges will apply established rules of evidence and procedure to ensure that the case is dealt with fairly. when giving their dec vision on liability, the judge will provide a reasoned opinion so that the parties can see how the decision was reached.
• reasoned judgments can be studied for the accuracy of the law used by the judge to reach a decision. if there are inaccuracies, there is a clear and structured appeals 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 tack and court. it will be case managed through the process to a court hearing in order to minimize delays. both parties will know, in advance the number of witnesses allowed and the length of a hearing.
• The judge will make a legally binding and enforceable decision. The parties are guaranteed a resolution at the end of the hearing and an enforceable remedy.
• The rule in civil cases si that the loser pays the winner's costs in addition to their own. As a result, the costs of taking a case to court can be more than the sum that is being claimed. This can especially be the case with a claim in the high court. there is a need for lawyers to be used in more complex cases, whose time must be paid for.
• Even wit hthe three track system, there can be a considerable delay in completing the preliminary stages of a claim. once these stages are completed, there is often further delay in arranging a hearing date. some complex cases can take several years to complete.
• A claimant can only apply to their lawyer for a no win and no fee arrangement in a personal injury claim. a lawyer will only agree to such an agreement if there is a high chance of succeeding. if the lawyer decides that there is a low chance of success, then the claimant must fund the claim from their own resources. claimants in other cases will have to accept responsibility for their lawyer's fees and hope that they win the case and can recover their costs fro the loser in addition to compensation.
• the doctrine of judicial precedent will be applied by the judge,. this leads to a reasoned decision allowing lawyers to advise their clients accordingly
• legal aid is available for thsoe on a law income, while limited,. it is only available for family and medical negligence cases
• Which case illustrates how the costs of a case can outweigh the award?

  Campbell v MGN limited 2004.
• Give the brief facts of Campvell v MGN limited.

  Ms Campbell was awarded £ 3500 against the daily mirror. the newspaper firm faced a legal costs bill of more than one million pounds
• the procedures are complex, the process is formal and for most cases the parties will need legal representation
• the courts are open to the publci and press, this can lead to adverse publicity. some people may not like their issues being witnessed by the public
• the judge will not have technical expertise. The outcome is often dependent on who has the best prepared case; essentially, the outcome relies on who can show that they are 51% in the right ,which is the requirement to win.
• It is intimidating not only because the atmosphere is strange - judges and counsel in fancy dress, and so on! - but also because it is adversarial, whereby there can only be one winner, decided by the judge acting as an impartial umpire on the evidence submitted