3 track system (section a - civil courts and adr)

Question 1

When did the current civil justice system begin, and who recommended the reforms that led to its creation?

Answer 1

The current civil justice system began in 1999 and was based on reforms recommended by Lord Woolf. He produced a report, Access to Justice, in 1996, which reviewed the entire civil process and created the three-track system to improve the simplicity and speed of the system.

Question 2

Who decides which track a claim should be allocated to, and how is this decision made?

Answer 2

The District Judge in the County Court makes the decision on which track a claim should be allocated to. The allocation questionnaire helps the judge consider which track is appropriate for the claim.

Question 3

What are the features of the Small Claims Track, and what is the maximum time for a hearing?

Answer 3

• claims up to £10,000.
• trials are held in the County Court and are heard by a District Judge.
• Legal rep is discouraged, and if used, the claimant cannot claim legal fees from the losing party.
• The limit for personal injury cases is £1,000 (increasing to £5,000).
• The hearing is allocated 2-3 hours maximum.

Question 4

What are the features of the Fast Track, and what is the maximum time for a hearing?

Answer 4

• The Fast Track is used for straightforward disputes of £10,000 to £25,000.
• Trials are held in the County Court by a District Judge.
• The hearing is limited to a maximum of one day, and only one expert witness is allowed.
• Legal representation is available for the parties involved, and funds can be claimed from the losing party.
• The case is heard within 30 weeks of allocation.

Question 5

What are the features of the Multi-Track, and what is expected of the judge who manages the case?

Answer 5

• used for cases over £25,000 or for complex cases under this amount.
• allocated to either the High Court and a High Court Judge if the value of the case is large (£50,000+) or there is complex law involved.
• Each case is heard by a judge who is also expected to manage the case from the moment it is allocated to the Multi-Track.
  —- This includes identifying issues at an early stage, encouraging the parties to use ADR if appropriate, dealing with any procedural steps, and fixing timetables by which the different stages of the case must be completed. A strict timetable is set for how long the case will last.