2

Question 1

Small Claims Track

Answer 1

• Claims up to £10,000
• In the County Court
• Simple procedure and no costs can be claimed from the other side.

Question 2

Fast Track Claims

Answer 2

• Between £10,000 and £25,000
• A timetable is set for the steps to be taken to simplify the case for the court and to keep costs to a minimum.
• Heard in the County Court.
• Costs are paid by the losing party.

Question 3

multi track claims

Answer 3

• Claims over £25,000
• More flexibility in how the case is managed.
• Can be heard in the County or High Court.
• Costs are paid by the losing party

Question 4

enforcing a judgement

Answer 4

A Distraint Order - The power to seize company assets.
- A Charging Order = The debt is secured against a home or other property
- Attachment of Earnings = Money is taken directly from wages to pay the debt
- Third Party Debt Order = This freezes money held by a third party e.g. a bank and then the money owed is paid directly from the bank to the winning party.
- Insolvency Proceedings = If a debt is £750 or more, the winning party can start insolvency proceedings against the debtor. The company is then wound-up and any debts paid.

Question 5

What is the relationship between conciliation and mediation?

a. If conciliation fails, the next step will be mediation.
b. The mediator has more coercive power that a conciliator.
c. Generally, mediation takes much longer than conciliation.
d. Conciliation aims to assist the parties to a dispute to find a resolution by giving advice and making interventions. Mediation assists the parties to communicate with each other and find their own resolution to their dispute.

Answer 5

Conciliation aims to assist the parties to a dispute to find a resolution by giving advice and making interventions. Mediation assists the parties to communicate with each other and find their own resolution to their dispute.