1:Describe the pre-trial procedure of a civil claim (3tracks) Flashcards
What is a pre-action protocol?
Before starting a claim a pre-action protocol will be followed where information and documents are exchanged.
What does it mean for somebody to file a claim?
If a settlement cannot be agreed between the parties the claimant may file a claim at court and paying a court fee.
What can D do with the claim and when MUST they respond by?
D can admit the claim and pay the full amount, admit the claim and pay in instalments, dispute the claim by filing at court a Defence, or file an Acknowledgment of Service, which confirms they are aware if the claim but wants time to file a defence.
They have 14 days to respond.
What are the 4 tracks the case may be allocated to?
The Small Claims Track.
The Fast Track.
The Multi Track.
The Intermediate Track.
What cases are allocated to the Small Claims Track?
Any claim up to £10,000, or up to £1,500 for personal injury or landlord and tenant cases.
Where and who hears Small Claims Track cases?
These cases are heard at the County Court by a District Judge and can be heard by a Circuit Judge.
What cases are allocated to the Fast Track?
Any claim between £10,000 and £25,000 and over £1,500 for personal injury or landlord and tenant cases.
Where and who hears Fast Track cases?
These cases are heard at the County Court by a District Judge and can be heard by a Circuit Judge.
What time frame are Fast Track cases usually heard within?
The case is usually heard within 30 weeks of allocation.
What cases are allocated to the Intermediate Track?
Any claim between £25,000 and £100,000.
What cases are allocated to the Multi Track?
Any claim with cases over £25,000.
Where and who hears Multi Track cases?
Cases usually start in the County Court before a Circuit Judge, but they are sent to the High Court if the case involves complex law or is worth over £100,000.
