Litigation-FS

Question 1

In what type of situation is litigation described as the most appropriate form of dispute resolution?

Answer 1

Where a civil claim for damages is needed to resolve a dispute.

Question 2

Why might litigation be chosen instead of alternative dispute resolution when the opponent is uncooperative?

Answer 2

Because proceedings can be started without the opponent’s consent and the court can compel participation.

Question 3

Is the other party’s consent required to commence civil proceedings in court?

Answer 3

No, consent of the other party is not needed to commence proceedings in the civil court.

Question 4

Why is it significant that civil proceedings do not require the defendant’s consent?

Answer 4

It allows a claim to be brought even if the other party refuses to communicate or agree to ADR.

Question 5

What kind of powers does the court have over parties once civil proceedings have started?

Answer 5

Comprehensive powers to compel parties to comply with court orders and engage in proceedings.

Question 6

How do the court’s powers support the effective conduct of litigation?

Answer 6

By ensuring parties cannot ignore the process and must comply with directions and orders.

Question 7

Where is a civil court judgment described as being enforceable?

Answer 7

In the UK.

Question 8

Why is enforceability a key advantage of litigation?

Answer 8

Because damages or costs orders can be enforced if not voluntarily paid.

Question 9

What power does the court have regarding legal costs in civil proceedings?

Answer 9

The power to award costs to the winning party.

Question 10

How can the court respond to unreasonable conduct during litigation?

Answer 10

By imposing sanctions for unreasonable conduct.

Question 11

What is the likely costs consequence for a party whose conduct or advice is negligent in litigation?

Answer 11

They are likely to have to cover most of the other party’s legal costs.

Question 12

How do costs powers and sanctions function as a characteristic of litigation?

Answer 12

They deter unreasonable conduct and shift the financial burden to the losing or unreasonable party.

Question 13

Which characteristic of litigation concerns how proceedings are commenced?

Answer 13

Civil proceedings can be commenced without the consent of both parties.

Question 14

Which characteristic of litigation concerns the court’s control over party behaviour?

Answer 14

The court can sanction unreasonable conduct during litigation.

Question 15

Which two characteristics justify choosing litigation when the other party is unresponsive?

Answer 15

No consent is required to commence proceedings and the court can sanction unreasonable conduct.

Question 16

Compared with arbitration and mediation, how is the cost of litigation usually described?

Answer 16

Litigation is usually more expensive than other dispute resolution methods.

Question 17

In civil litigation, do parties have the ability to choose the judge?

Answer 17

No, the parties are not able to select the judge.

Question 18

How does party control over the decision-maker differ between litigation and ADR?

Answer 18

In litigation the judge is not chosen by the parties, unlike arbitration or mediation.