Civil Courts and ADR flashcards G151

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  • Created by: bananaaar
  • Created on: 01-04-14 15:51
State some types of civil law?
Family, employment, contract/breach of contract, tort of negligence/nusciance/defa
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Where are civil cases heard?
County and High Court.
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How are civil cases proved?
On the balance of probability.
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In a civil case what is a defendant found?
Liable or not liable.
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What is Lord Woolf's report?
Access To Justice 1996 report.
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What is the current system based on?
Lord Woolf's report.
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How many recommendations did the Access to Justice report recommend?
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What did the Access to Justice Report Lead to?
The Civil Procedure Rules 1999.
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Small claims amounts?
Up to £10,000, or personal injury cases up to £1,000.
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Fast track amount?
£10,000-£25,000. Personal injury claims of £1,000-£15,000.
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Multi track amount?
Over £25,000 or complex multi million pound cases.
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Who recommended LASPO?
Lord Justice Jackson.
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What does LASPO stand for?
Legal Aid, Sentencing and Punishment of Offenders Act 2012. Came live in 2013.
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Aims of LASPO?
Eliminate methods of funding that increase costs and to create a more efficient litigation procedure in order to reduce costs.
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What is Qualified One Way Cost Shifting?
Where if the claimant loses, if they qualify, they do not have to pay the defendant's costs if the case has good merit.
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What is the main change brought in by LASPO?
Increasing small claims to £10,000 or less.
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Regarding cost, what did LASPO introduce?
Parties must exchange and agree cost budgets at an early stage in the proceedings. These must then be approved by the courts and the case will be managed so that it doesn't proceed out of budget.
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What do COA and supreme court do in terms of civil law?
Hear appeals.
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Judge in small claims?
District Judge.
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Judge in Fast track?
District Judge
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Judge in Multi-track?
Circuit Judge.
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How are cases allocated?
Allocation questionnaire.
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Fast track time limits?
Aim is for 30 weeks, but usually 58 weeks (6 month improvement on previous system before fast track.)
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Hierarchy of Judges for Civil Disputes? (county court)
District Judge, Circuit Judge and High Court Judge. (low to high)
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What is the first civil appeal route? (county court)
Still in county court, the case is tried by the judge higher in the hierarchy than the one that previously heard the case.
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What is the second civil appeal route? (county court)
A possible further appeal to COA will only happen unexceptional circumstances where the appeal would raise an important point of principle/practice. OR some other compelling reason.
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Where do multi track cases appeal to? (county court)
The COA without going to judge higher in hierarchy first.
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Final appeal route for civil disputes? (county court)
Further appeal to Supreme Court but they would have to get leave of appeal and it would have to be on a point of law of general public importance.
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Civil Appeal from High Court - First Appeal?
COA, permission is needed and case must raise important point of principle.
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Civil Appeal from High Court - Second Appeal?
Can make a further appeal but must get leave of appeal and be on general public importance.
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What is a leapfrog?
In rare cases there may be a leapfrog appeal from the High Court to Supreme under the Administration of Justice Act 1969.
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What must leapfrog appeals involve?
Point of general public importance due to: 1. Interpretation of a statute. 2. Binding precedent of COA or the supreme court which the trial must follow.
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What act governs leapfrog appeals?
Administration of Justice Act 1969.
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Slogan of ADR?
Court is the last resort.
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What are the four types of ADR?
Negotiation, mediation, concilliation and arbitration.
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What is negotiation?
Simplest form of ADR involving discussions between parties without the help of lawyers/third parties?
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What is mediation?
Involves appointment of impartial third party (mediator) to help parties reach an agreement. Does not offer opinion.
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What is conciliation?
Like mediation but conciliator take a more interventionist role than the mediator in terms of bringing 2 parties together. May suggest solutions and help achieve agreed settlement.
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What is arbitration?
Both parties let dispute to judgement of an arbitrator. They may be a lawyer or trained expert in the field. Arbitrator makes decision which is legally binding.
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What do businesses include in contracts?
Scott v Avery Clause so parties agree that in the case of a depute, arbitration is used first.
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What act governs arbitration?
Arbitration Act 1996.
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What is a paper arbitration?
Parties put their case in writing and send it to arbitrator to decide based on written evidence.
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What is oral arbitration?
Parties explain case orally at a herding. Witnesses are called to give evidence and a court can force them to attend.
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Example of a company that use arbitration?
ABTA - Assosiation of British Travel Agents use arbitration to solve complaints by holiday makers.
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Other cards in this set

Card 2


Where are civil cases heard?


County and High Court.

Card 3


How are civil cases proved?


Preview of the front of card 3

Card 4


In a civil case what is a defendant found?


Preview of the front of card 4

Card 5


What is Lord Woolf's report?


Preview of the front of card 5
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