dispute resolution

Question 1

what does the civil process cover in dispute resolution?

Answer 1

• contracts
• professional negligence
• reputation (defamation etc)
• property disputes
• insolvency

Question 2

what is the purpose of litigation in the common law systems?

Answer 2

• part of negotiating process in a dispute
• 80% of cases are “settled” before they even get to court
• court often used as threat & tends to be last resort in common law systems

Question 3

what is the process of going to court for dispute resolution?

Answer 3

1. letters of claim
2. allocation to track
3. trial

Question 4

explain the “letters of claim” step for dispute resolution.

Answer 4

1. letter warns other side of what you are about to do (regulation in place to prevent intimidation)
2. issues of claim - official claim form completed & processed by court and served on defendant within 4mths. includes a statement of value & truth
3. detailed defence - defendant has 28days to respond with detailed form, defence & counterclaim to contest dispute

Question 5

explain the “allocation to track” step for dispute resolution.

Answer 5

• defendant has sent back reply so court give defendant & claimant a questionnaire
• aims to gauge technicality & money involved to find which court / track is suitable

three types of track :
- small claims track (county court)
- fast track (county court)
- multi-track (high court)

Question 6

briefly explain the small claims track in dispute resolution.

Answer 6

• for claims upto and including 10k
• restricted court costs (pay for own legal fees even if you win)
• most informal track. may just be paper hearing where paperwork is transferred & verdict decided

Question 7

briefly explain the fast track in dispute resolution.

Answer 7

• for claims 10k-25k
• have limited amount of time in court, only allowed one expert for evidence, can present limited amount of evidence (limits technicality & complexity of case)
• loser pays costs, including legal fees of winner

Question 8

briefly explain the multi-track in dispute resolution.

Answer 8

• for claims over 25k
• case management conference (gets to essence of dispute)
• pre-trial review (clarify issues, set timeline, cost estimates, request for further info, disclosure of evidence etc)
• adjournment (happens when come to a settlement and “stop the clock” on case)

Question 9

explain the “trial” step in dispute resolution.

Answer 9

1. claimant goes first (opens the case, explains details. calls up witnesses to be questioned by claimant, then repeat if necessary)
2. defendant opens their case (same process as above, just repeated with their witnesses)
3. defendant closes their case (gives summary statement)
4. claimant closes (summary of their side & highlights faults in the defendants)
5. judgement appeal (judge decides winner, reason & remedy)
6. appeal judgement if necessary