Civil Courts and Other Forms of Dispute Resolution

The civil justice system in England and Wales is designed to resolve disputes between private individuals, businesses and organisations, rather than to punish wrongdoing. Civil cases typically involve claims for compensation, remedies or enforcement of rights.

Civil courts aim to:

• Provide access to justice
• Resolve disputes fairly and efficiently
• Encourage settlement without trial where possible

The main civil courts are the County Court and the High Court, supported by an appeals structure and Alternative Dispute Resolution (ADR).

The County Court

Jurisdiction of the County Court

The County Court hears the vast majority of civil cases in England and Wales. It deals mainly with lower-value and less complex claims, including:

• Contract disputes (e.g. unpaid bills)
• Tort claims (e.g. negligence, personal injury)
• Housing and land disputes
• Consumer disputes
• Debt recovery

The court has national jurisdiction, although cases are heard at local hearing centres to improve access to justice.

Pre-Trial Procedures (Civil Procedure Rules)

Civil cases are governed by the Civil Procedure Rules (CPR). These rules aim to ensure that cases are dealt with:

• Justly
• Proportionately
• Quickly
• At reasonable cost

Before issuing a claim, parties must follow pre-action protocols, which require them to:

• Exchange information and evidence
• Send a letter before action
• Attempt to resolve the dispute, often through ADR

Failure to comply may lead to:

• Delays
• Cost penalties
• The case being stayed by the court

This demonstrates the court’s emphasis on settlement over litigation.

The Three Tracks in the County Court

Once a claim is issued, it is allocated to one of three tracks based on value, complexity and importance.

Small Claims Track

• Claims up to £10,000
• Designed for simple disputes
• Informal procedure
• Strict limits on legal costs
• Parties usually represent themselves
• Heard by a District Judge

Strengths:

• Cheap and accessible
• Quick resolution

Weaknesses:

• Limited legal guidance
• Power imbalance if one party has legal knowledge

Fast Track

• Claims between £10,000 and £25,000
• Moderate complexity
• Strict timetable and case management
• Trial usually lasts no more than one day
• Limited expert evidence

Strengths:

• Faster than traditional trials
• Predictable costs

Weaknesses:

• Pressure on parties
• Less flexibility

Multi-Track

• Claims over £25,000
• Complex legal or factual issues
• Flexible case management
• Often involves expert witnesses
• Heard by Circuit Judges or High Court judges

Strengths:

• Suitable for complex cases
• Greater judicial control

Weaknesses:

• Very expensive
• Time-consuming

The High Court

Jurisdiction of the High Court

The High Court hears:

• High-value civil claims (usually over £100,000)
• Complex legal disputes
• Appeals from the County Court

Cases may start in the High Court if they involve:

• Complex points of law
• Public importance
• Specialist legal issues

The Three Divisions of the High Court

King’s Bench Division (formerly Queen’s Bench)

This division deals mainly with:

• Contract disputes
• Tort claims (including negligence)
• Personal injury cases
• Judicial review of public bodies

It also includes specialist courts such as the Commercial Court.

Chancery Division

The Chancery Division deals with matters of equity and property, including:

• Trusts and estates
• Company law
• Insolvency
• Intellectual property disputes

Cases often involve complex financial arrangements.

Family Division

The Family Division handles the most serious family law cases, including:

• International child abduction
• Adoption
• Complex child welfare cases
• Forced marriage protection orders

Appeals and Appellate Courts

Grounds / Reasons to Appeal

A party does not have an automatic right to appeal. Appeals may be allowed where:

• The judge made an error of law
• There was an error of fact
• The judge followed an incorrect procedure
• The decision was unreasonable or unjust

Permission to appeal must usually be granted by:

• The original judge, or
• The appellate court

Appeals from the County Court Tracks

Small Claims Track

• Appeal to a Circuit Judge in the County Court

Fast Track and Multi-Track

• Appeal usually to the High Court

Further Appeals

• High Court → Court of Appeal (Civil Division)
• Court of Appeal → Supreme Court

Appeals to the Supreme Court are only allowed where the case raises a point of law of general public importance.

Employment Tribunals

How Employment Tribunals Work

Employment tribunals deal with disputes between employers and employees, including:

• Unfair dismissal
• Discrimination
• Redundancy
• Equal pay
• Breach of employment rights

Key features:

• Less formal than civil courts
• No wigs or gowns
• Parties often represent themselves
• Tribunal may include:
• A legally qualified Employment Judge
• Two lay members with workplace experience

Tribunals aim to be accessible, specialist and informal.

Appeals from Employment Tribunals

Appeals are made to the Employment Appeal Tribunal (EAT), but only on points of law, not on factual disagreements.

Alternative Dispute Resolution (ADR)

ADR refers to methods of resolving disputes without going to court. Courts actively encourage ADR to reduce delays and costs.

Negotiation

• Parties communicate directly
• No third party
• Informal and flexible
• Often the first step in resolving disputes

Advantage: Cheap and fast
Disadvantage: May fail if relations are poor

Mediation

• Neutral third party (mediator)
• Facilitates discussion
• Decision is not legally binding unless agreed

Used widely in:

• Family disputes
• Civil and commercial cases

Conciliation

• Similar to mediation
• Conciliator may suggest solutions
• Common in employment disputes
• ACAS provides free conciliation

Arbitration

• Independent arbitrator hears evidence
• More formal than mediation
• Decision is binding
• Limited right to appeal

Often used in:

• Commercial disputes
• Construction contracts

Advantages and Disadvantages of Civil Courts

Advantages

• Legally binding decisions
• Public hearings ensure accountability
• Precedent promotes certainty and consistency
• Structured appeals system

Disadvantages

• High legal costs
• Delays
• Stressful for parties
• Complex procedures limit access to justice

Advantages and Disadvantages of ADR

Advantages

• Cheaper and faster
• Confidential
• Informal
• Preserves relationships
• Reduces court backlog

Disadvantages

• May not be legally binding
• Power imbalances
• No precedent
• Limited appeal rights

A-Level Law Exam Evaluation Tips

For higher marks:

• Link answers to access to justice
• Compare courts vs ADR
• Use terminology such as CPR, proportionality, and judicial discretion
• Support evaluation with realistic examples