Civil Claims
Civil cases are considered as ____________ or measures of last resort
Courts which hear appeals are referred to as
Appellate courts
What does ADR stand for?
Alternative Dispute Resolution
tribunals operate _______________ the court system
alongside/ parallel to
As a result of human atrocities in WWII, the Council of Europe adopted the ______________________
European Convention of Human Rights
When a solicitor negotiates in a series of letters between the parties
bargaining
How many judges hear appeals in the Divisional Courts?
typically 2-3
List the four types of ADR
Negotiation, Mediation, Conciliation, Arbitration
why were tribunals created?
to enforce entitlement to social rights
The Act that incorporates the ECHR in domestic law is known as
The Human Rights Act 1998
The two courts which hear civil claims
County Court and High Court
The procedure for appealing directly from the High Court to the Supreme Court
leap frog
What is the main difference between negotiation and mediation?
Negotiation typically involves the parties themselves reaching a compromise whereas in mediation there is a neutral facilitator who helps reach a compromise
Name the Act which unified the tribunal system
Tribunals, Courts and Enforcement Act 2007
In Re: Medicaments, the courts refused to follow a previous decision of the HOL in R v Gould as it differed from a judgment of the ECtHR. The provision of the HRA which made this possible is ____________
Section 2
The three tracks which determine how a case is dealt with
Small Claims, Fast Track, Multi Track
In order to appeal to the Court of Appeal (Civil Division) or the Supreme Court ____________________ is needed
Permission to appeal
The binding decision of the arbitrator is known as _____________
The Award
Tribunals are divided into a hierarchy of two types, name these
The first tier tribunals and the upper tribunals
How did the courts balance the right under Article 8 (right to privacy) and Article 10 (freedom of expression) in the case of Douglas and ors v Hello!
the couple had agreed to have their wedding covered by other magazines so they had given up their right to privacy
Name the three divisions of the High Court
Queens Bench Division, Family Division and Chancery Division
If a case is heard at first instance by a Circuit Judge, where would a second appeal lay?
Court of Appeal (Civil Division)
List three advantages of ADR
faster, cheaper, less stressful, more flexible, possible to reach solutions which the court cannot
List 3 advantages of tribunals
cheap, informal, quick, includes lay experts
Sometimes courts are unable to interpret in a way that is compatible with the Convention rights and are therefore required to apply incompatible legislation. They do however make ______________________ which put the Government on notice.
declarations of incompatibility