Chapter 5

Methods such as arbitration, mediation, conciliation and negotiation that people can use to resolve a dispute without the case reaching the courts, ADR offers an alternative to litigation.

Barristers are usually self-employed, but they form organisations, known as chambers, through which they share a building, overheads and clerking services. A specific barristers’ chambers is referred to as a ‘set’ of chambers. Individual sets often develop their own specialisms in, for example, family law or crime.

A court that hears a case for the first time.

The body of law that has emerged from the European Community.

The judicial arm of the European Union (EU). The ECJ is an institution of the EU which hears actions brought by the European Commission against Member States for breaches of EC law and hears Art 234 References from Member State courts to clarify questions of EC law. In the field of community law, ECJ judgments overrule those of national courts. The ECJ sits at Luxembourg.

A directly elected body which is an institution of the European Union. It plays a significant role in the European Community legislative process, though it is not a legislative body in the same way as the UK Parliament. For example, it does not have sole law making power, though it does have an increasing role of co-decision with the Council of Ministers.

A resolution process whereby a compromise is made and an agreement reached between parties. An ability to negotiate is a key skill for a lawyer, as effective negotiations before litigation may mean that the parties resolve their differences and do not have to resort to going to court.