Please enable JavaScript.
Coggle requires JavaScript to display documents.
Civil Courts and other form of dispute resolution (prt. 2) - Coggle Diagram
Civil Courts and other form of dispute resolution (prt. 2)
Appeals and Appellate courts
if one party = dissatisfied with decision of trial judge about liability &/ the amount of compensation awarded, they can appeal
appeal hearing consists of legal argument of why original decision should be changed
appeal usually made to next highest court in hierarchy & heard by panel of 3 judges
rare for new evidence to be heard
must be legal grounds for appeal
usually has to be made within 21 days of original hearing
if appeal made, costs usually increases as lawyer probably be required to argue reasons for appeal
appeal court can either agree or reverse original decision
appeals from county court
if original decision made by District judge in say small claims court, appeal will be heard by single circuit judge in same court
if OG decision made by circuit judge, appeal can be made to high court judge of division relevant to case
appeal can be made directly to COA if case raises important principle/practice and COA agrees to hear it
appeals from high court
appeal from decision of HC judge usually will be heard by COA (civil division)
if party wishes to appeal further it can be taken to supreme court but only if given permission by COA
Supreme court = highest court for hearing appeals & permission will only be given if there's point of law of general public importance involved
rare cases, 'leapfrog' appeal can be made directly from HC to supreme if issue of national importance is involved
Employment tribunals and ADR
employment tribunals (ET) deal issues such as claims of unfair dismissal, discrimination in workplace and redundancy
ET sit in separate building and has set process which is less formal than court
preliminary matters
claim of employment issues has to be brought within 3 months
most cases the
advisory, conciliation and arbitration service (ACAS)
must be contacted within this time for early conciliation to see if there can be resolution
only if matter cant be resolved can claim be issued
most claimants obtain advice on strength of case before issuing claim though its possible for claimant to take their own case
advice can be obtained from lawyer or trade union