Civil Courts & ADR

• County court


  One of the two civil courts of first instance
• High court


  One of the two civil courts of first instance
• Jurisdiction of the county court


  1. Majority of civil matters under 100K eg contract disputes, tortious actions inc compensation claims for PI, matters arising under the Equality Act 2010 and trusts disputes up to 350k

  2. Claims heard in open court by a single judge, usually a circuit judge, sometimes a recorder, district judge for relatively low value and straightforward cases

  3. Cases usually between £5k and £15k but a circuit judge can hear cases over £15k

  4. Can hear all small claims, fast track cases and some multi-track depending on size of claim and complexity of any legal issues

  5. Judge hears evidence for both sides then decides who is liable and the remedy
• High Court Jurisdiction


  1. Can hear all types and values of civil cases but tends to hear the more complex high value ones

  2. Heard by a single high court judge

  3. The High court has 3 divisions: King's Bench Division, Chancery Division, Family Division
• King's Bench Division (KBD)


  • Largest division
  • Jurisdiction to hear a wide variety of cases inc contract and tort claims over 100K and smaller claims when there is a complicated issue of law involved
  • Claims may include contract matters such as breach of contract, tort matters including negligence, personal injury, defamation, nuisance, trespass, non-payment of debt, possession of land or property etc
  • Specialist courts of the division include the administrative court which hears applications for judicial review and habeas corpus, and the Commercial court
• Chancery Division


  • Jurisdiction to deal with disputes relating to business, property or land over 100K
  • Disputes over trusts, conscientious probate claims, professional negligence, claims relating to partnerships
  • Specialist courts include the intellectual property enterprise court, the patents court and the insolvency and companies list
• Family Division


  • Heard in private as sensitive
  • Jurisdiction to deal with cases where a child is made to be a ward of the court and cases relating to the welfare of children under the Children Act 1989
  • Appeals from lower courts such as Family Proceedings courts and complex family cases from the county court
  • Cases of international child abduction under the Hague convention
  • Cases about forced marriage, FGM and where a divorce has taken place outside of England disputing property situated in England
• Pre-trial process for civil cases

  1. Claims must be made as a last resort: negotiated settlement can not be reached or a form of ADR has failed

  2. Most start in the county court, high court if over 100K

  3. Can be made online via www.gov.uk

  4. Claimant fills in an N1 form with details and sends to HM courts and tribunal service

  5. Court serves the claim to the defendant who can admit, dispute or ask for time to file a defence

  6. If defendant fails to respond, claimant can apply for judgement in default

  7. Claim allocated to appropriate track based on value and whether liability is denied
• Small claims track

  Straightforward claims up to 10k or PI up to 1k, heard by a district judge in small claims court/county court, dealt with in an informal way lawyers not encouraged, time allocated to a hearing will be a maximum of 2-3 hours each, limited number of witnesses, costs not awarded
• Fast track


  Claims between 10k - 25k, case will have a strict timetable set at a maximum of 30 weeks if not followed a judgement in default can be awarded or claim can be thrown out, hearing = maximum of 1 day in open court, limited number of witnesses, more often circuit judge sometimes district, lawyers encouraged
• Multi track


  25k - 50k, usually allocated to county court, most often heard by a circuit judge, sometimes district and the case will be managed by the judge who sets out a strict timetable, the disclosure of the relevant documents, the number of witnesses and how long the case will last, complex claims over 50k passed up to the high court
• Appeals in civil cases


  1. An appeal can be made on the decision of liability and the amount of compensation awarded

  2. Consists of legal arguments to why the original decision should be altered

  3. Small claims track and fast track cases (up to 25K): 1st appeal to a judge of the next level, chance for 2nd appeal to Court of Appeal with permission

  4. Multi track cases and High Court cases (25K+): 1st appeal to the Court of Appeal, possibility of further appeal to the Supreme Court with permission and on a point of general public importance
• Advantages of civil courts


  • Qualified, impartial judges
  • Effective 3 track system that minimises delays
  • Legally binding and enforceable decision
  • Brings justice
  • Precedent allows for predictable outcome
  • Funding available in some cases
• Disadvantages of civil courts


  • Expensive
  • Long process
  • Issues with funding system
  • Formal complex procedures
  • Risky
  • Confrontational
• Employment tribunals


  • Deal with workplace issues such as unfair dismissal, discrimination in the workplace or redundancy
  • Less formal than a civil court but more formal than other ADR forms
  • Employee must first contact ACAS, then can issue claim on ET1 form
  • Hearing has a tribunal panel with an employment judge, an employer representative and an employee representative
  • Evidence taken on oath, parties can be legally represented
  • Hearings are short, a written decision is made and compensation can be awarded
  • An appeal lies
• Employment tribunals


  Separate from and less formal than a civil court but more formal than other ADR forms, used to resolve issues such as unfair dismissal, discrimination in the workplace or redundancy
• Claim process for employment tribunals


  1. Employee must contact ACAS first to see if resolution possible

  2. If no resolution, claim issued within 3 months via ET1 form on gov.uk

  3. If claim accepted, employer contacted

  4. If employer disputes, hearing arranged

  5. If employer doesn't respond, judgement in favour of claimant
• Employment tribunal panel


  • Specialist employment judge
  • One person representing employers
  • One person representing employees
• Employment tribunal hearings


  • Evidence taken on oath
  • Specific rules on procedure and evidence
  • Parties can be legally represented or by trade union officials
  • Hearings are short as issues previously identified and case papers read
• Employment tribunal decision


  Written decision made by panel, compensation can be awarded
• Appeals from employment tribunals


  Appeal lies to Employment Appeal Tribunal on point of law, further appeals to Court of Appeal and Supreme Court on point of law
• Advantages of employment tribunals


  • Claims heard by specialist panel
  • ACAS encourages settlement before hearing
  • Hearings informal and short
  • Employee can be represented by non-lawyer/trade union, cheaper
  • Written judgement provided
  • Each party pays own costs
• Disadvantages of employment tribunals


  • Limited appeal rights
  • Claim must be issued quickly
  • No funding available, employee disadvantaged against employer with legal representation
  • More formal process, intimidating
  • Delays in setting hearing dates
• ADR (Alternative Dispute Resolution)


  Negotiation, Mediation, Arbitration, Conciliation
• In 2015, regulations implemented to reinforce key ADR principles: duty to use ADR to resolve disputes, decisions not binding but can become binding if agreed, judges will insist ADR used before litigation
• Following COVID-19, emphasis on ADR has become a priority in the English legal system
• Negotiation


  Most basic form of ADR, conflicting parties attempt to reach settlement themselves or through representatives, can take place up to court hearing
• Mediation


  More formal than negotiation but still relatively informal, voluntary and flexible, neutral third party mediator attempts to resolve issue by assisting and encouraging parties to reach compromise, not legally binding
• Conciliation


  Similar to mediation but conciliator plays more active role in suggesting compromise, not legally binding, ACAS is an example
• Arbitration


  Both parties voluntarily agree to let dispute be judged by neutral third party arbitrator or panel, governed by Arbitration Act 1996, arbitrator's decision called an award and can be enforced by courts if agreed to be binding
• Advantages of ADR

  • Less formal than courts
  • Lower costs and less confrontation
  • Quicker and easier than courts
  • Decisions not strictly legal, based on compromise
• Disadvantages of ADR

  • Parties can't be forced to engage, may delay further
  • Claimant likely to receive lower compensation than courts
  • No funding available, unrepresented claimant disadvantaged
  • Legal issues may arise that non-lawyer can't resolve
  • Limited appeal rights
• Advantages of negotiation

  • Quickest, cheapest, most informal way to settle dispute
  • Straightforward contact between parties
  • Low or no cost (no lawyers)
  • Parties in control
  • Relationships preserved
• Disadvantages of negotiation

  • One party may not be ready
  • One party may be hostile
  • Parties struggle to settle if each believes they are 'right'
  • Court proceedings may be necessary
• Advantages of mediation

  • Cheaper than court
  • Parties in control of process
  • Future relationships can be maintained
• Disadvantages of mediation

  • One party may be unwilling to participate
  • Parties may be unable to reach settlement
  • Result may not be binding
• Advantages of conciliation

  • Cheaper than court
  • Parties have some control over process and choice of conciliator
  • Future business relationship can be preserved
• Disadvantages of conciliation

  • Conciliator may force resolution on parties
  • Process may not bring about resolution
  • Result may not be binding
• Advantages of arbitration

  • Cheaper than court
  • Arbitrator qualified and experienced
  • Arbitrator's decision final and binding
  • Decision can be enforced in court
• Disadvantages of arbitration

  • Process can be formal and complicated
  • More expensive than other ADR
  • Not suitable for complicated points of law