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20 Cards in this Set
- Front
- Back
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Appeal Routes For Civil (2 things) |
County Court --> High Court --> Court of Appeal -->Supreme Court or County Court-->Court of Appeal-->Supreme Court |
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What is a remedy? (2 things) |
An award given to the claimant. |
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Litigant Definition |
A party involved in the case. |
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Small Claims Track (2 things) |
Less than £10,000 in compensation. Appeals are to be made to a circuit judge. Only one appeal allowed. |
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Fast Track Claim (4 things) |
A claim between £10,000-£25,000. Takes around 30 weeks for claim to be resolved. Legal reprensentatives are used. Appeal to single high court Judge |
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Multi Track Claim |
£25,000 and above |
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Point of Fact Definition |
It is a factual piece of evidence which shows the defendant at the crime. |
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Courts in Order of importance (Most important first) |
EU court of Justice, Supreme court, Court Of Appeal, High Court |
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Disadvantages before 1999: Cost |
-Civil courts expensive -Legal aid very expensive
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Disadvantages before 1999: Delays |
Average wait for County court was 2-3 year. High court 5 years. Discouraging. |
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Disadvantages before 1999: Injustice |
Out of court settlement made to happen due to such high cost.
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Disadvantages before 1999: The adversarial process |
Encouraged tactiacal movements rather than co-operation. Didn't show co-operation |
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Advantages of Civil Court: Compulsory Process |
No other way to resolve the dispute. Have to go to court or automatically liable. |
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Advantages of Civil Court: Formality of Procedures |
Rules of evidence, disclosure and a legal argument ensure fair process. |
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Advantages of Civil Court: Appeal Process |
No other dispute resolving process allows appeals. |
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Advantages of Civil Court: Legal Aid |
Legal aid is vastly available for court cases |
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Advantages of Civil Court: Making and Development |
Only courts can make and develop legal rules through the judicial precedent. |
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Civil Justice System After 1999: Pre-Action Protocols |
Pre action protocol was a pre trial meeting to try and produce a settlement before the trial had even started. |
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Civil Justice System After 1999: Civil Procedure Rules |
This was set up to reduce any unnecessary costs, delays and complexity. All cases were dealt with justly. |
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Civil Justice System After 1999: How it was made just |
Both parties had to be ready for the case. Had to aim to save osts Dealt with fairly and efficiently |
