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Chapter 1 - Coggle Diagram
Chapter 1
Employment Tribunals and ADR
some cases have to be heard by a tribunal
Employment tribunals
employment issues
claim of unfair dismissal
discrimination in the workplace
redundancy
less formal
Preliminary Matters
brought within 3 months, less one day from the event
ACAS mus be contacted for early conciliation
The hearing
individual tribunal rooms
tribunal panel
judge
person representing employers organisation
person representing employees organisation
if preliminary hearing needed
before a judge
no panel members
short
panel can decide on the day or later in writing
collective decision
if in favour of employee, may encourage a settlement
if settlement can't be reached, tribunal can award compensation
if claim is lost, emplyee will not have to pay the employers costs, but will be responsible for the costs of any lawyers used
if either side is dissatisfied with the panels decision, can ask within 14 days of tribunal hearing for them to review their decision
Appeals
can appeal within 42 days of tribunal decision to an Employment Appeal Tribunal
only on a point of law
further appeals can be made to the CoA and supreme court
only with permission from Employment Appeal Tribunal
Negotiation
face to face talking
writing
more formal
phone/email
any other suitable method
conducted by
parties themselves
free
representatives
lawyers
cost
Mediation
neutral person helps come to a compromise
parties in seperate rooms/locations
mediator acts as a facilitator
doesnt offer an opinion
parties have control
stay as long or little as they wish
often used in family disputes over children and financial issues
Charities to help
CEDR
Relate
more formal
'mini-trial'
each side presents to a panel
neutral party
decision making executive
executives,with help of neutral adviser will evaluate and try to come to an agreement
if cant agree, neutral advisor will act as a mediator
Conciliation
similar to mediation
conciliator plays a more active role
suggests grounds for compromise or settlement
parties have control
can withdraw at any time
both have to agree to a final compromise
ACAS
tries to encourage parties in an employment dispute to reach a settlement before a claim can be issued in an employment tribunal
gets involved in industrial disputes
Arbitration
both parties voluntarily agree to let their dispute be left to the judgement of a neutral arbitrator or a panel of arbitrators
arbitrator has experience in the field
be in writing
contained in the initial contract
Scott v Avery clause
Arbitration Act 1996
court will normally refuse to deal with a dispute where there is a Scott v Avery clause
building contracts
package holiday contracts
initial agreement will either name an arbitrator or a method for choosing one
court may appoint an arbitrator
legal representation not always necessary
arbitrators decision is called an 'award'
final and binding on the parties
can be enforced in court
only be challenged if there is a serious irregularity in the proceedings or on a point of law
County Court and High Court
County Court
Most civil claims upto £100,000
probate claims and trusts
housing claims
tort based claims eg nuisance
negligence claims
debt claims and consumer disputes
bankruptcy and insolvency matters
open court
Circuit Judge or recorder
low value = District Judge
Single Judge
Judge decides
liability
compensation payable
other remedy requested
who pays cost of the case
Small Claims Track
claims less that £10,000
claims less than £1000 in personal injury claims
District Judge
Lawyers discouraged
Costs not awarded
High Court
Open court
Single Judge
Judge decides
liability
compensation payable
other remedy requested
who pays cost of the case
Different divisions
Kings Bench
Largest
Jurisdiction
contract and tort claims over £100,000
smaller claims where a complicated point of law is involved
Specialist courts
Administrative Court
applications for judicial review
applications for habeas corpus
case stated appeals in criminal cases decided at Mags court/ Crown court
Circuit Commercial Courts
Chancery
Jurisdiction
types of cases
disputes relating to business, property or land over £100,000
disputes over trusts
contentious probate claims
disputes over partnership matters
specialist courts
Insolvency and companies List
Family
Heard in Private
Jurisdiction
child is to be made ward of the court and cases relating to the welfare of children under the Children Act 1989
appeals from lower courts eg family proceedings court in Mags court
cases with foreign element eg forced marriage, female genital mutilation, child abduction
Pre-trial procedures
Pre-action protocols
Issuing a claim
N1 claim form
filed at
County Court office
High Court
Online for debt claim
Defending a claim
D has choice of actions
Admit claim and pay full amount to claimant or court
Admit claim and pay in instalments
case ends when all money is paid
Dispute the claim and file a defence
file an acknowledgement of service confirming receipt of the claim but asking for more time to file a defence
D fails to respond, claimant can apply for judgement in default
Three Tracks
if claim is defended, case is allocated to an appropriate case management track
Small claims track
<£10,000 (£1000 for personal injury)
District Judge
Lawyers discouraged
time allocated is 2-3 hours
each party allowed limited witnesses
Fast track
£10,000-£25,000
strict timetable, 30 weeks
hearing is max 1 day in open court
circuit judge
limited number of witnesses
represented by a lawyer
Multitrack
£25,000-£50,000
County Court
circuit judge
case-managed by circuit judge
can be passed upto High Court
Appeals and Appellate courts
appeal
legal arguments as to why the original decision should be altered
made to the next highest court
heard by a panel of three judges
must be legal grounds for an appeal
made within 21 days of the original hearing
costs increase
lawyers requires
Appeals from county court
Appeal is made to hte next judge in the hierarchy
appeal can be made directly to the CoA if the case rises an important point of principle or practice
Appeals from the High Court
Typically heard by CoA
If one of hte parties wishes to appeal further, can be taken to the Supreme Court, only with permission granted from CoA
Leapfrog appeal
High Court to Supreme Court if issue with national importance
Advantages and Disadvantagees