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paper 1
legal system
civil courts
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tia marni
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Cards (10)
three tracks
small claims
track
fast
track
multi
track
small claims track
max
£1,000 personal injury
max
£10,000 property
straightforwards claims
county court
fast track
£10,000-£25,000
limited oral evidence
likely to be completed in
one day
county court
multi track
£25,000
+ or very
complex
cases
usually
county
but can be
high
if:
£50,000
personal injury
£100,000
property damage
civil courts advantages
fair
- everyone treated alike
trial
conduction
by
legal expert
enforcement
- any decision made by courts can be
reinforced
through court
appeal process
- claimant not
happy
- possible to appeal
against
civil courts disadvantages
cost
- often
more
than
amount
claimed,
delay - many stages, usually long wait, some cases not finished for years
complicated process - compulsory steps needed
alternate dispute resolutions
negotiation
mediation
conciliation
arbitration
employment tribunals
rules in
employment tribunal
rules of procedure
2013
when
employer
treats employee unlawfully
c must fill ET1 form
witnesses only allowed if they can give evidence directly relevant to case
employer
can
pay
compensation, improve
working conditions
, give
employee
job back
alternate dispute resolutions advantages
keeps parties on
good terms
saves
business
more than
£1 billion
each year
involve
decision making
using
common sense
cheaper
and
quicker
alternate dispute resolutions disadvantages
mediation
and
conciliation
on used if
parties
on
speaking terms
inappropriate to use
mediation
and
conciliation
with
abuse allegations
no
legal aid
if adr does
work
, parties still have to go to
court