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Civil Courts and Civil Process - Coggle Diagram
Civil Courts and Civil Process
Allocation of cases
Fast track
For claims between £10 000 and £25 000
Personal injury cases and housing cases between £1000 and £25 000 are fast track claims
A strict timetable is set for pre-trial matters to prevent either side for wasting time and money
The case is heard within 30 weeks from when it was set down for hearing
The trial is heard by a Circuit Judge in open court with a more formal procedure
The hearing is limited to one day and the number of witnesses is also restricted to save time
Multi-track
For claims above £25 000
If the case was started in a Country Court, it will likely be tried there
However, it can be sent to the High Court if the claim is for over £100 000 or there are complicated issues of the law involved
The case will be heard by a Circuit Judge who will manage the case all the way through the multi-track route
The judge can set timetables
It is possible for parties to use alternative dispute resolution matters to save costs
Small claims track
Relatively cheap method of claiming
Use of a lawyer is discouraged as the winning party cannot claim legal costs from losing party
District judges are encouraged to be more inquisitorial
If both parties agree a paper trial can take place, where there are no witnesses and both sides simply set out their points on paper. The judge will read these and then make a decision from this
For claims under the value of £10 000
The Woolf reforms
Post Lord Woolf reforms
Less delay, Pre-trial procedures, 3 track system
3 track system bunches similar cases together
Encouraged to do ADR
May have added extra layers of complexity?
Still costs a lot- Consultation paper- Solving disputes in the county court
Pre-trial procedures help prevent Adversary culture
Pre Lord Woolf reforms
Costs too much
Case management was either non-existent or too slow
Inconsistent judicial decisions
Complexity
The Adversary culture
Evaluation
Advantages
The judge is a legal expert
Decisions can be enforced through the courts
The judge is impartial
Possibility to appeal
Fair
Help with funding is available in some cases
Disadvantages
Can be a long process
Process is complex
Uncertainty of outcome until decision is made
Can be costly
Confrontational process