Bizlaw_l2_disputte Settlement

CIVIL PROCEDURE

Author: Ta Diu Thuong, LLM International University - NU.HCMC

I. DISPUTE SETTLEMENT Bodies TRIBUNAL CIVIL COURT ARBITRATIONS (presentation) ADRs (Self-study)

TRIBUNAL 1. 2. 3. 4.

Specialist statutory by industries: Unfair dismissal of employee; Social security payments Registered lands

COUNTY COURT 1. Exclusive to County courts • Concurrent with the High Court with financial limits • Concurrent with the High Court without financial limits * Small claims (under GBP3000) are under jurisdiction of district judge and heard in private, in an informal arbitration.

HIGH COURT Queen’s Bench Division: Contract and torts (libel and slender - exclusive) Specialist courts (insurances, BoL, negotiable instruments…) Divisional court (appeal and supervisory jurisdiction*) 2. Chancery Division: Administration of estates, trusts, mortgages, IPRs matters, revenue, partnership Sale, exchange or partition of land 3. Family Division: matrimonial causes, decrees of death,

COURT OF APPEAL • • • •

Appeals on a point of law Appeals on point of fact depending on size of the claim Further appeal to the House of Lords House of Lords gives a leave to the CoA

II. STAGES OF ACTION Higher Court 1. Plaintiff drafted a Court’s writ to be sent defendant with all details (Statement of Claim) within 12 months, and served along with Acknowledgement of Service. Defendant shall serve on the plaintiff “Defence and Counterclaim” form if he/she wants to defend the actions. 2. Inspections of docs - both parties can inspect the docs needed for the case with exception as to protected by privileges. Mareva injunction and Anton Piller Order can be applied.

II. STAGES OF ACTION Higher Court (cont) 3. Trial • Plaintiff begins with a speech outlining the case • Witnesses for the plaintiff give the evidence (with cross-exam by lawyers of both parties) • Defendant’s speech • Witness for defendant • Closing speeches of both lawyers • Judgement delivery: right way or reserved judgement * Defeated party pay the court costs

II. STAGES OF ACTION County Court 3 types of Actions Default actions Fixed date actions Rent actions

II. STAGES OF ACTION County Court

1. Summon: Defendant is informed (usually by post) of date where the case is prereviewed by district judge (land case => right away) •Default actions - summon + form of defence and counterclaim • County Court cannot grant Mareva injunction nor Anton Piller Order, unless agreed by both parties and only on certain cases (Text book, P32).

2.Trial: is similar to that at the High Court * Cost is at a fixed scale depending on amount claimed or recovered in the action

Enforcement of Judgements 1. High Court: GBP 5000 and above. • • •

Plaintiff issues a fifa writ to sheriff of county where property is located. Sheriff executes judgement and deducts his costs. Charging order may be imposed on land, stocks, shares, % in partnership Creditor may make debtor bankrupt

2. County Court: GBP 2000 and below Fifa writ issued to county court bailiffs.

ARBITRATION

Please welcome Group No 3! Presentation

Questions for summary • • • • •

How many ways to settle a civil dispute? Which amount of money and which case is under jurisdiction of County Court and the high Court? What are THREE main types of Courts and Actions? When Arbitration can be used? What are the main forms of ADRs proceedings and when they cannot be used?