1.1 Courts of First Instance: Claim will be issued in either the county court or the high
court (courts of first instance) if someone disagrees with the decision of a court of
first instance they can apply for appeal and go to a higher court who will reconsider.
1.1.1 Magistrates Court: Has jurisdiction over family matters
and can deal with the recovery of unpaid council tax and
utility bills, which is actually a crime not to pay.
126.96.36.199 County court: over 200 county courts in UK.
Jurisdiction: civil disputes; contract, tort, bankruptcy,
property, and divorce.
188.8.131.52.1 There are three tracks: small claims (cases
involving less than £5000)- District Judge
184.108.40.206.2 Fast track (cases involving between
£5000 and £25,000)- Circuit Judge
220.127.116.11.3 Multi-track (cases involving more
than £25,000)- District Judge
18.104.22.168.4 High Court: There are three main divisions,
and each division has it's own court of first
instance and appeal court to hear cases
from lower courts.
22.214.171.124.4.1 Queen's Bench Division: Daals mainly with contract and
Tort cases, 74 judges, can hear multi-track cases, can
even hear cases with a jury
126.96.36.199.4.2 Family Division: Family issues
(never would have guessed!)
188.8.131.52.4.3 Chancery division: company and Land
Law matters, 17 judges
184.108.40.206.4.4 Appeal Courts: Access to Justice Act 1999,
means that a party may only appeal with the
permission of the court that the case was heard
in or the appeal court.
220.127.116.11.4.4.1 Appeal courts
18.104.22.168.22.214.171.124 High court: same three divisions as earlier, except all
dealing with appeals on said matters.
126.96.36.199.188.8.131.52.1 Court of Appeal (civil): 37 judges, Hears appeals from: County Court, High Court, Employment
Appeal Tribunal. Cases hear in the CoA are not a re-trial of the original case, only hear cases
on points of law, and require the permission of the original court.
184.108.40.206.220.127.116.11.1.1 Supreme Court: Created by the Constitutional Reform Act 2005, 12 Justices of the Supreme Court,
msut obtain permission to take a case to the Supreme Court. Most appeals come from CoA, It's
possible to use the Administration of Justice Act 1969 to skip CoA and go to Supreme Court. Same as
CoA, only hears cases on points of law and not re-trials, and when the pervious judge was bound by
2 Alternative Dispute
2.1 Reasons for ADR, civil courts are:
2.1.3 Have tight set of
procedures which must be
2.2.1 The Arbitrator: Charted institute of
Arbitrators, used to select. Independent
and expert in field concerned,
2.2.2 The process: both parties agree to arbitration in writing, (Scott v Avery clause, compels arbitration,
court will refuse to hear xase if contract contains clause and arbitration has not been conducted),
Arbitrator organises time, date and place of hearing, witnesses may be heard, when the Arbitrator
makes an award (decision) it is binding and can be enforced through the courts. Arbitrators
discourage legal representation to keep costs down.
18.104.22.168 There is no automatic right to appeal, however
appeals can be made to the High Court, if there has
22.214.171.124.1 a 'Serious irregularity'- s68
Arbitration Act 1996
126.96.36.199.2 Or, an issue with a point of law-
69 Arbitration Act 1996
2.3.1 The Mediator:There is a 3rd party known as the mediator, acts as a messenger
so parties never even have to meet. Mediator's role is to refine issues between
parties and find common ground, howeve is parties' role to come to resolution.
2.3.2 Process: conducted in private, parties are separate, mediator used for parties'
communication to negotiate a settlement, Mediator is impartial, doesn't suggest
grounds or force a solution. No Legal representation to reduce costs, when an
agreement is reached it will be written down and become legally binding.
2.3.3 Examples: -Divorcing couples (Family Law Act 1996),
-Neighbour disputes (West Kent Independent Mediation
2.4.1 Concilator: similar to mediator, except takes a more
active role in the process, they can: suggest terms and
comments on them for both sides. Role of Conciliator to
organise time and placwe of meeting convenient for
2.4.2 Types of dispute, Employment disputes
2.4.3 Process runs the same as mediation except the
conciliator's additional intervention
2.5.1 Normally happens without any formal intervention, even in court claims,
parites can still negotiate and even come to a settlement on the day on the
day of the trial.
2.5.2 All types of disputes
2.5.3 It is often difficult to negotiate without lawyers because
people tend not to focus on the issue, however, lawyers are
expensive so drive costs up.