This chapter identifies courts and tribunals as the place where the laws discussed in the previous chapters are interpreted and utilized in the legal system. The jurisdiction of the courts and the personnel within them are described and a comparison is drawn between these forums for the administration of justice. It is important for those in business to be aware of the work of at least one tribunal—the Employment Tribunal, as many employment-related disputes ultimately end up here. Also, the courts in the English legal system, and the increasing use of alternative dispute resolution mechanisms, are relevant to businesses as they are used either to settle disputes or to avoid them altogether. Because the term ‘court’ is difficult to define in any practical sense, the chapter uses a description of what a court does.
Chapter
4. Dispute Resolution for Businesses
Chapter
2. The Court System and Alternative Dispute Resolution
This chapter discusses the English court system, civil disputes, and alternative dispute resolution. The courts in England and Wales form a hierarchy. At the lowest level are the Magistrates’ Courts and the County Courts, then the Crown Court and High Court, then the Court of Appeal, and finally the Supreme Court. The chapter considers the role of the Court of Justice of the European Union in interpreting EU law within Member States. It explains the position of the European Court of Human Rights, which deals with allegations of state breaches of the European Convention on Human Rights. Civil disputes arise in every area of business. An explanation of the civil procedure rules from commencing a claim to enforcement of a court judgment is provided. The chapter concludes with a discussion of alternative methods of dispute resolution including arbitration, mediation, and conciliation.
Chapter
2. The administration of the law
This chapter examines the administration of the law under the English legal system. It aims to clarify how, and by whom, the law is administered. It identifies the structure, jurisdiction, and composition of the various courts, and also discusses how the tribunals system fits into the administration of the law. In addition, the chapter looks at less formal approaches to dispute resolution, such as alternative dispute resolution. This chapter describes the duties and responsibilities of the different members of the legal profession including the judiciary, the law officers, barristers, solicitors, legal executives, and paralegals. It also considers the appellate procedure.
