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English Legal Institutions and Methods - Assignment Example

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This assignment "English Legal Institutions and Methods" focuses on opportunities for state funding and private funding arrangements to help with or meet the costs and in what ways these public and private arrangements help or hinder ‘access to justice’. …
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English Legal Institutions and Methods
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Download file to see previous pages If the case is taken to court, the parties have to pay for legal representation in court and also ensure the way to represent in court.
Most of the civil claims are resolved out of court through negotiation between parties without the need to go to court but if the case is produced before the court, the judge will decide how to move forward and there are civil appeal systems for parties to accept the outcome of trials (Baker, 2002). Civil disputes should be resolved through legal procedures between the parties and there are different advantages and disadvantages of taking different sources of advice.
Negotiations - The majority of civil disputes are settled through negotiations where both the involved parties and their representatives try to come to a mutual agreement. Negotiation is the best solution because it prevents bad feelings and there is no loser or winner in the case. The costs of negotiation are low as no court representation is required and agreements are mostly flexible. But negotiations may sometimes be in favor of one of the dominating parties and hence, in such cases, the other party has the option to go to court. Courts of the first instance are County Court and High Court. For claims less than or equal to £15,000, cases are started in County court and for larger amounts claims can be submitted to High Court but there are restrictions on personal injury cases and defamation cases.
The expense also includes the legal expenses on insurance - Before the event insurance and after the event insurance. The costs include commercial funding which may come from third party agreements or percentages of damages recovered.
In the case of negotiation, the parties may have to settle against their wishes and parties wish to initiate or defend a legal action themselves (Baker, 2002). A solicitor is required to represent a client in court but it is probably the most expensive method of getting legal help. ...Download file to see next pagesRead More
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