GCSE Law Unit b142 WHOLE UNIT

1. based on Lord Woolf's "access to justice"

   Anotações:

   • Access to Justice redesigned the civil courts process, in an attempt to streamline a log-jammed system. It has had mixed results 
   1. key features

      Anotações:

      • Pre action protocols - Parties must try and resolve before taking to court         3 track system Strict time limits for all parties Cases managed and pushed forward by judges ADR is encouraged 
   2. evaluation of Lord Woolf's reforms
      1. positives

         Anotações:

         • promoting ADR should improve outcomes Case management of claims should speed up and allow the courts to run more smoothly pre-action protocols should mean fewer cases come to court 
      2. negatives

         Anotações:

         • Low take up of ADR in spite of encouragement Courts still jammed up with cases.    
2. To start a case - Form N1

   Anotações:

   • court will allocate it to a 'track'
   1. the 3 tracks
      1. Small claims
         1. 0-10k
            1. county court
               1. one day
               2. judges chambers

                  Anotações:

                  • not a trial in a court room, but parties sitting in an office with a judge
               3. district judge
               4. no legal fees claimable

                  Anotações:

                  • so most people represent themselves
            2. 0-1k if injury involved
      2. fast-track
         1. 10-25k
            1. County Court
               1. District Judge
               2. 30 weeks

                  Anotações:

                  • judge will case manage and set a timetable for evidence etc
               3. formal court hearing
               4. can use lawyers

                  Anotações:

                  • legal fees can be recovered from the losing party
      3. Multi-track
         1. complex and high value £25k +
            1. County OR High Court

               Anotações:

               • complex or v high value (over 50k) will be in the high court
               1. Circuit Judge or high court judge
               2. 72 weeks
               3. lawyers used
               4. formal court hearings
   2. Defendant

      Anotações:

      • Defendant gets a copy of the claim form - they can Defend (deny the claim) Admit (and settlement will be arranged) Counter-claim (they will ask the court to consider compensation for them) 

Anotações:

• disputes between private individuals/companies

1. claimant v defendant
   1. burden of proof the claimant to prove- balance of probabilties
   2. aim to compensate the claimant

1. County court
2. High Court
   1. QBD

      Anotações:

      • high value negligence claims civil debt Admiralty court 
   2. Chancery

      Anotações:

      • wills (probate) mortgages intellectual property (patents and trademarks) tax 
   3. Family

      Anotações:

      • divorce adoption care proceedings 
3. Court of Appeal (Civil Division)
4. Supreme Court

1. appeal to next senior judge

   Anotações:

   • appeals against decision of a district judge go to circuit judge. Then High court, then Court of appeal then Supreme Court.   
   1. leap frog appeal

      Anotações:

      • on important points of law which need a fresh decision from the supreme court, appeals can 'skip' the Court of Appeal. 

1. adv

   Anotações:

   • certainty - legally binding enforcable decision Time managed tracks keep cases under control. satisfaction of a court victory
2. disadv

   Anotações:

   • costly/expensive time consuming Publicity delays

Anotações:

• courts are expensive, time consuming and destroy relationships.

1. Negotiation
   1. the parties sort it out

      Anotações:

      • no 3rd party involvement claimant and defendant resolve the problem, come to compromise settle out of court 
2. mediation
   1. 3rd party helps discussion

      Anotações:

      • another person helps each side get their views across.  keeps things moving forwards prevents personal antagonism from getting in the way of a solution 
3. arbitration
   1. third party makes a legally binding decision
      1. C and D agree to abide by decision
      2. can be a hearing or on paper
      3. parties can agree up front

         Anotações:

         • even before any dispute has arisen, parties can agree in their contracts that they will avoid court and use arbitration
         1. Scott v Avery Clause
      4. example
         1. ABTA

            Anotações:

            • the Association of British Travel Agents will settle disputes between travellers and tour companies
4. conciliation
   1. trained third party helps solve

      Anotações:

      • other person helps advise on possible solutions they will have some training in the area in dispute 
      1. eg. ACAS
5. for some limited areas of law
   1. tribunals
      1. more like formal court

         Anotações:

         • but attempts to be less intimidating
         1. panel of three make decision
            1. legally binding
            2. one legally trained

               Anotações:

               • others will have some expertise in the area being considered.  EG if employment tribunal one may be from industry and one from a union 
         2. limited legal funding
         3. tribunals have own appeals system
         4. advantages

            Anotações:

            • less intimidating than court   expertise on the panel  lower legal costs   fewer delays than court  
         5. disadvantages

            Anotações:

            • still long delays can be stressful Limited legal assistance available ( not all fees reclaimable) public hearings   
   2. eg

      Anotações:

      • housing immigration employment 
6. evaluation of ADR
   1. adv

      Anotações:

      • cheaper than court faster than court more positive outcomes - helps preserve business or family relationships
   2. disadv

      Anotações:

      • hard to arrange Limited uptake- people prefer to deal within the courts not always legally binding so may end up in court at a later date anyway

Anotações:

• rich people may fund their own legal expenses, Even for straightforward cases this may be many thousands of pounds

Anotações:

• tax-payer funded money 

1. Community Legal Service funding
   1. means test

      Anotações:

      • you will only get legal aid if you have no money to pay for it yourself.  This includes income and 'capital' - money in the bank 
   2. merits test

      Anotações:

      • you will only get legal aid if you are likely to win
   3. evaluation

      Anotações:

      • good because it means that poor people can access justice Aims to conserve public funds ______________ negative because the merits test means that some cases cannot be tested in court also bad because very limited types of claims now can get legal aid. 
   4. restricted to very few types of case

      Anotações:

      • most family lawexcluded from legal aid

1. lawyer gives their time for free

   Anotações:

   • often this relates to charitable work

1. "no-win-no-fee"
   1. claimant takes out insurance against losing so lawyer gets paid

      Anotações:

      • After the Event Insurance.
   2. if claimant wins the lawyers get their fees from the losing side
   3. most often used in negligence Claims

      Anotações:

      • road accidents and injuries
   4. evaluation

      Anotações:

      • plus - gives people with no money access to compensation No expense to tax-payer Negatives - extra insurance will push up overall costs of the process Lawyers only accept 'easy' cases

Anotações:

• motor and household policies often have an element of legal cover   

1. role

   Anotações:

   • 'advocate' in court self employed Work in groups called 'chambers'  they represent people in court, act as their voice.  role is to present the best legal argument possible for their client
2. training and qualification

   Anotações:

   • law degree (or other degree plus one year GDL conversion) BVC - bar vocational course - one year Pupillage - on the job training - one year
   1. have to join an Inn

      Anotações:

      • trainee barristers have to join an Inn of Court and attend training and get 'dining credits' for attending dinners
3. smallest prof
4. The Bar Council

   Anotações:

   • governing body

1. role

   Anotações:

   • give general advice to clients on wide areas of law Work in law firms - employed may take extra qualifications to speak in higher courts "right of audience"
2. training and qualification

   Anotações:

   • law degree (or other plus GDL conversion) One year Law Practice Course (LPC) THEN 2 years 'articles' - on the job training before becoming a fully qualified solicitor
3. largest prof
4. The Law Society

   Anotações:

   • governing body

1. role

   Anotações:

   • similar to solicitors but tend to have a narrow area of specialism
2. training and qualification

   Anotações:

   • vocational qualification while working in a law firm no degree needed
3. ILEX

   Anotações:

   • Institute of Legal Executives Governing body 

Anotações:

• do we need separate roles for barristers and solicitors?  One lawyer would be more straightforward for clients. BUT might reduce specialism that exists 

Anotações:

• Elitism - most barristers went to fee-paying schools lack of diversity - at senior levels, women and ethnic minorities are not well represented. These mean that the legal professions are not representative of society. Senior lawyers go on to be judges and so the inequalities lead through to the judiciary  

Anotações:

• District Judge Recorder  Circuit Judge High court judge Appeal Court Judge Supreme Court Justice

Anotações:

• must have served as a lawyer with rights of audience for 7 years (usually barristers)  

Anotações:

• appointed by the lord Chancellor and the Queen Judicial appointments committee runs interviews and seletion process

Anotações:

• pale male and stale White old men   few women in senior courts Low representation of ethnic minorities Most judges over 50 and senior judges in their 60s Majority went to expensive private schools

1. pale male and stale

Anotações:

• quite limited in training will be trained in key changes of the law May receive training on diversity issues.  Otherwise they learn by shadowing experienced judges 

Anexos:

• Basic freedoms and Human Rights