ADVANTAGESAND DISADVANTAGES OF THE ENGLISH CIVIL SYSTEM
Civilcourts in the English Justice System are a provision of theconstitution that give for civil cases that are considered to be lesscomplex to be solved in civil courts. Civil Justice in England andWales is handled in the County courts. Nonetheless, in the case ofmore substantial cases they are pushed to the High court to decide.The civil courts solves a wide range of cases from claims of debtsfrom an individual to another to seemingly large claims likemultinational companies also claiming debts from each other. Civilcourts operate both in public and in private. The cases can be heardand determined in a court where the public can attend and they canalso be held in the judge’s private room where the public is notallowed to attend. One of the major means of conflict resolution inthe civil courts is mediation between the warring parties. Mediationis an outside court method of resolution where the parties areadvised to iron out their differences through a collective bargain.Important to note however is that the judges in the civil courts donot have power to imprison the losing party in a particular case.This paper critically asses the merits and demerits of the civilcourt system used in the English Legal System
Advantagesof Civil the Court System
Acase refers to the process and procedure of settling a case by goingto court. On the other hand a suit is when gatherings or a groupattend court proceedings awaiting the decision of the judge. Case isby a long shot the most complicated method for comprehending adebate. In some regards, this is favorable position as it will managecases into more detail and explicitly. In addition, the cases will becontrolled by qualified experts with a lot of understanding andexperience, along these lines bottomless information of comparativecases. Consequently, an able choice in light of certainty and the lawwill be achieved, with the goal that equity will win.
What`smore, there are particular courts to manage significant cases. Boththe high court and the district court are utilized with each one ofthem having distinct roles. For instance, cases of under £5000 willbe attempted in the County court little cases technique, while the£5000 to £15 000 will be tried in County court quick trackstrategy, those ranging from £15,000 to £25,000 will be heard inCounty court multi track system, and lastly those for £25,000 to £50000 will be attempted either in the County court multi-track methodor High court whereas the ones with over £50,000 in the High courtmulti-track methodology(Sorabji 2015).
Moreover,the law is intricate for handling the diverse sorts of cases whichought to be managed. For instance, when trying to establish offencesand the litigant is requested to pay the petitioner a specific amountof cash. The distinctive sorts of offences keep on varying with eachand every one of them having its own amounts. Different sorts of cureincorporate directives orders respondent to do or decline accomplisha specific task, particular execution directives litigant to wind upthe convention, rescission-returns parties in their pre-authoritativepoints and amendment changes record to demonstrate the genuineexpectations of the parties. The various advantages associated withthe civil system in England include:-
Affordability–Examination with the Courts is favorable and relativelyaffordable. The Costs that are frequently associated with the court,for instance, court charges, procrastination of hearings as well asbureaucratic court procedures.
Speed– The utilization of civil court system is much faster.Specifically one of the quickest and most affordable mechanisms forthe arrangement given that the fact that gatherings are initiatedaround the transaction table and do the debate without necessarilyrequiring the agents.
Control– It is easy to control the civil court system since the gatheringsto resolve the question under contention instead of giving it to thecourts
Antagonistic–Civil court system focuses on establishing comprehensive andsatisfactory answers to a debate unlike courts which sometimes areill disposed and intend to only win cases finding out the truth ofthe matter.
Security– The privacy of the civil court system is highly safeguarded hencetherefore upholding the security.
Disadvantagesof the Civil Court System
Despitethe advantages associated with the court system, it has got thefollowing disadvantages.
Vulnerability– The civil court system is susceptible to delays in transactionsthus making the process of determining the case to be more costly andexpensive.(Rosenberg 2014).
Multifacetednature and Expense – Notably, Civil court system is less expensivecompared to the complicated court processes and hearings, however,such procedures can be associated with confusion depending onproficiency of the judges
Disadvantagesof Civil Courts in English Justice System
Asposited by () the civil courts are costly. In some instances the costof the case exceeds the amount of money being claimed. This high costof the civil cases may come as a result of the formalities thatrequire money. One of the major expenses is the cost ofrepresentation. The legal team representing the legal parties has tobe paid, in some cases expert witnesses may also require to be paid.In instances where the judge rules that the warring parties have tocover their expenses then the overall cost of the cost of the case.Such Scenarios undermine the essence of even having the court itself.Since the logic is that the warring parties go too court to get afair judgment and to get their partners to settler their debts. Ittherefore beats logic that an individual would go to get in pursuitof a debt then end up spending more money than the value of the debt.
Civilcourts also experience immense delays in waiting for trial process.Fort instance in the county court it may take up to 1 year for thecounty court to determine a case and give a verdict. For the highcourt it may take close to seventy two months while the court ofappeal may take up to 19 months before giving a judgment. Consideringthe nature of cases that are handled in this courts such delays maylead to the parties growing impatient and lead to the people who feelshort changed in the in the process may end up adopting otherunlawful means to get their revenge. Mcneil& Karns (2016)also explains that justice delayed is somewhat justice denied.
Theprocedure of the civil justice systems are also considered complex.The cases may end up as mediation cases that would again requiremediators or negotiators to ensure that the parties get good bargainson their side. This as opposed to other courts it is outright thehearing is held in an open court of law the plaintiff and the defensepresent their cases and the judge gives their judgment a clear and astraight forward process that is not found in the civil courts.
Ininstances where the cases are heard in courts of law and the publicis allowed in court the cases are open to the public press asituation that may lead to adverse publicity of the cases. Adversepublicity of the cases may at times hurt the image of the peopleinvolved in the case. For instance, if it is a company that has beentaken to court for failing to repay its debt the public may interpretthe situation in a different way which may end with them notconsuming products of that institution and the results may be direfor financial institutions taken to court or service providers.Another possible occurrence that may take place when a case ispublicized is that the defendants or the plaintiff may also tamperwith the evidence in a bid to make their cases stronger against eachother or even to prove innocence. That is due to the possibility ofthird parties analyzing the cases and advising the parties accordingto their understanding. This may also cause confusion due to theparties involved in the case getting too many opinions from differentonlookers with differing views.
Judgesin the civil courts do have technical expertise to some kind of casesthat are presented to them. Some cases may require financialknowledge like the cost depression of a currency and inflation todetermine how much a debt is worth over a given period of time. Lackof this technical knowledge may lead to the winning party being shortchanged in a case of debt repayment or the losing party paying morethan the required amount had the judges in the civil courts possessedtechnical skills and knowledge in the sphere that the case belongsto.
Thecourts choose the trial dates as opposed to general courts where thetwo parties discuss the dates they are comfortable with to settle thedispute. The liberty of the court to set the hearing dates bringsabout uncertainties in terms of delays it may also force the partiesto adjust their calendars which may lead to them for going someimportant events to attend the hearing of the case.
Theresolution of the civil cases is most of the time dependent on thewillingness of the involved parties to trade off. The speed of a casewhich has been subjected to mediation depends on the two parties. Ifthe parties are not ready to bargain and at least reach a consensusthen the most likely outcome is that the case may take more timebefore a solution or a conclusion is reached.
Caseis by a long shot the most complicated method for comprehending adebate. In some regards, this is favorable position as it will managecases into more detail and explicitly. In addition, the cases will becontrolled by qualified experts with a lot of understanding andexperience, along these lines bottomless information of comparativecases. Consequently, an able choice in light of certainty and the lawwill be achieved, with the goal that equity will win. As discussed inthe paper the Civil courts have both Merits and demerits that comealong with the decision of seeking justice from the courts.
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Sorabji,J. (2015). Austerity’s effect on English Civil Justice. ErasmusLaw Review. 10.5553/elr.000043