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Civ - Litigation & Evidence > 4.6 Allocation to track > Flashcards

4.6 Allocation to track Flashcards

1
Q

What are the three tracks to which cases can be allocated?

A
  1. Small claims
  2. Fast track
  3. Multi-track
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2
Q

What sorts of cases are normally allocated to the fast track?

A

CPR 26.6
(4)
… any claim -
(a)
for which the small claims track is not the normal track; and
(b)
which has a value [not more than £25,000].
(5)
The fast track is the normal track for claims referred to in paragraph (4) only if the court considers that -
(a)
the trial is likely to last no longer than one day; and
(b)
oral expert evidence at trial will be limited to -
(i)
one expert per party in relation to any expert field; and
(ii)
expert evidence in two expert fields.

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3
Q

What is a typical timetable for a fast track case from notice of allocation to hearing?

A

28 PD 3.12

30 weeks.

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4
Q

Which Part of CPR deals with preliminary case management?

A

CPR 26

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5
Q

What is the main difference between the case management directions that are likely to be issued in a small case and a large case?

A

Smaller cases will usually have standard directions.

Larger and more complex cases will need more tailoring in the directions given.

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6
Q

Which Rule requires the court to serve notice of proposed allocation to a track?

A

CPR 26.3(1)(a)(ii)

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7
Q

Which Rule provides for the content of the proposed notice of allocation including the requirement to file and serve directions questionnaires?

A

CPR 26.3(1)(b)

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8
Q

Which Rule requires parties to file directions questionnaires?

A

CPR 26.3(1)(b)

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9
Q

When must the parties file and serve the documents required in the notice of allocation?

A

CPR 26.3(6)
By the date specified in the notice of allocation, which will be
(a) [SMALL CLAIMS]
at least 14 days after deemed service of the notice;
(b) [FAST AND MULTI-TRACK]
at least 28 days after deemed service of the notice.

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10
Q

What will the County Court do if a party fails to comply with the directions notice?

A

CPR 26.3(7A)
(a)
the court will serve a further notice on that party, requiring them to comply within 7 days; and
(b)
if that party fails to comply with the notice served under subparagraph (a), the party’s statement of case will be struck out without further order of the court.

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11
Q

What is the High Court empowered to do if a party fails to comply with the directions notice?

A

CPR 26.3(8)
the court will make such an order as it considers appropriate, including—
(a)
an order for directions;
(b)
an order striking out the claim;
(c)
an order striking out the defence and entering judgment; or
(d)
listing the case for a case management conference.

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12
Q

When will track allocation normally take place?

A

CPR 26.5(1)
(a)
when all parties have filed their directions questionnaires; or
(b)
when giving directions pursuant to rule 26.3(8)

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13
Q

Which Part of CPR deals specifically with the small claims track?

A

Part 27

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14
Q

Under what circumstances will the court hold an allocation hearing?

A

CPR 26.5(4)

The court may hold an allocation hearing if it thinks it is necessary.

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15
Q

Which Part of CPR deals specifically with the multi-track?

A

Part 29

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16
Q

Which Rule sets out the scopes of each track?

A

CPR 26.6

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17
Q

What is the limit for money claims in the small claims track?

A 
CPR 26.6(1)(a)
(i)
£10,000
(ii)
£1,000 for personal injuries

CPR 26.6(1)(b)
£1,000 to make landlords carry out repairs.

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18
Q

In addition to the value limit, what conditions are necessary for allocation to the fast track?

A

CPR 26.6(5)
if the court considers that—
(a)
the trial is likely to last for no longer than one day; and
(b)
oral expert evidence at trial will be limited to—
(i) one expert per party in relation to any expert field; and
(ii) expert evidence in two expert fields.

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19
Q

When calculating the financial value of the claim to decide track allocation, what will the court not consider?

A 
CPR 26.8(2)
(a)
any amount not in dispute;
(b)
any claim for interest;
(c)
costs; and
(d)
any contributory negligence.
20
Q

Who determines the value of the claim?

A

CPR 26.8(2)

It is for the court to assess the financial value of a claim …

21
Q

The court can allocate to a track that is not standard for its value if it considers that it would be more just to do so. Which provision sets out the factors the court must consider in exercising its discretion?

A

CPR 26.8(1)

[the nature of the remedy, complexity, number of parties, etc.]

22
Q

What is the position on expert evidence in the small claims court?

A

CPR 27.5
No expert may give evidence, whether written or oral, at a hearing without the permission of the court.

[Cases requiring expert evidence should generally therefore be heard in the fast or multi-track.]

23
Q

How long should small claims track cases last?

A

26 PD 8.1(2)

Usually not more than one day.

24
Q

Where should claims involving allegations of dishonesty be heard?

A

26 PD 8.1(1)(d)

A case involving a disputed allegation of dishonesty will not usually be suitable for the small claims track.

25
Q

How long should a fast track hearing last?

A

CPR 26.6(5)(a)

likely … no longer than one day

26
Q

What is the position on expert evidence in the fast track?

A

CPR 26.6(5)(b)
oral expert evidence at trial will be limited to—
(i) one expert per party in relation to any expert field; and
(ii) expert evidence in two expert fields.

27
Q

Which cases should be allocated to the multi-track?

A

CPR 26.6(6)
The multi-track is the normal track for any claim for which the small claims track or the fast track is not the normal track.

28
Q

What type of case is always allocated to the multi-track?

A

CPR 8.9(c) [part 8 proceedings]
the claim shall be treated as allocated to the multi-track and therefore Part 26 does not apply.

[Other specialist proceedings.]

29
Q

Which track will claims with no financial value be allocated to?

A

CPR 26.7(2)
The court will allocate a claim which has no financial value to the track which it considers most suitable having regard to the matters mentioned in rule 26.8(1).

30
Q

Which types of cases will the court usually exercise its discretion under CPR 26.8 to allocate to the multi-track regardless of their value?

A
  1. issues of public importance;
  2. test cases;
  3. medical negligence;
  4. cases with a right to trial by jury.
31
Q

When will the court issue notice of allocation?

A

CPR 26.9

(1) When it has allocated a claim to a track, the court will serve notice of allocation on every party.

32
Q

Which Rule deals with the conduct of small claims hearings?

A

CPR 27.8

33
Q

What is the most important difference between small claims hearings and other hearings?

A

CPR 27.8(2)

Small claims hearings “will be informal”.

34
Q

Where are the standard directions in fast track claims set out?

A

28 PD Appendix A

35
Q

What is the standard period between setting directions and the trial date in the fast track?

A

28 PD 3.12

30 weeks.

36
Q

What are the six stages of allocation?

A

1.
Defence is filed;
2.
The court serves notice of proposed allocation;
3.
The parties file directions questionnaires;
4.
The parties file proposed directions (in the fast or multi-track);
5.
A CMC if the court thinks it necessary to decide;
6.
Allocation and service of notice of allocation.

37
Q

What will the notice of proposed allocation contain?

A

CPR 26.3(1)(b)
(i)
[matters and dates to comply]
specify any matter to be complied with by the date specified in the notice;
(ii)
[directions questionnaire]
require the parties to file a completed directions questionnaire and serve copies on all other parties;
(iii)
[court address]
state the address of the court or the court office to which the directions questionnaire must be returned;
(iv)
[how to obtain directions questionnaire]
inform the parties how to obtain the directions questionnaire; and
(v)
[require proposed directions - except for small claims]
if a case appears suitable for allocation to the fast track or multi-track, require the parties to file proposed directions by the date specified in the notice.

38
Q

What is the purpose of the directions questionnaire?

A

To enable the court to allocate the case to the correct track.

39
Q

What does the directions questionnaire say about ADR?

A

It asks the parties if they have attempted ADR and if they want the court to stay proceedings so that they can attempt it.

40
Q

Which Rule deals with the court’s powers to stay proceedings so that the parties can attempt to settle?

A

CPR 26.4

41
Q

How long can the court stay proceedings so that the parties can try to settle the claim?

A 
CPR 26.4
(2)
If all parties request a stay the proceedings will be stayed for one month and the court will notify the parties accordingly.
(3)
The court may extend the stay...
42
Q

What if the parties have not both requested a stay but the court thinks one would be appropriate?

A

CPR 26.4(2A)
If the court otherwise considers that such a stay would be appropriate, the court will direct that the proceedings, either in whole or in part, be stayed for one month, or for such other period as it considers appropriate.

43
Q

What are the most important questions in the directions questionnaire about?

A 
1.
Pre-action protocols (compliance);
2.
Settlement (requests to stay proceedings);
3.
Disclosure;
4.
Witnesses;
5.
Expert evidence;
6.
Trial time estimate;
7.
Costs budget;
8.
Proposed directions (agreed or not)
44
Q

What if the court needs further information after the parties have filed their costs budgets?

A

CPR 26.5(3)
Before deciding the track to which to allocate proceedings or deciding whether to give directions for an allocation hearing to be fixed, the court may order a party to provide further information about his case.

45
Q

What is the procedure for the court to give directions?

A

In small claims and the fast track, serve directions.

In the multi-track, serve directions or hold a case management to hear consider directions.

Civ - Litigation & Evidence (52 decks)

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