Allocations Flashcards
If a Defendant files a defence, what happens next?
A Court Officer will provisionally decide the track which appears most suitable for the claim and serve on each party a notice of proposed allocation
When parties receive a notice of proposed allocation, what must they do?
Complete directions questionnaires and serve copies on all other parties
What will the Court do if parties are unrepresented?
The Court will serve all unrepresented parties with the appropriate directions questionaire
What should the parties do when completing directions questionnaires?
Consult with eachother and cooperate in completing the questionnaire and try to agree case management decisions (PD26 2.3)
How will parties know what the date for filing a directions questionnaire will be?
It will be specified in the notice of proposed allocation
What will happen if a party fails to complete a directions questionnaire?
The Court will serve further notice on the party and then may strike out their statement of case and/or enter judgment
What is the limit of the small claims track in non personal injury cases?
£10,000
What is the upper limit of the fast track?
£25,000
What 4 things will the Court not take into account when deciding the monetary value of a claim for the purposes of track allocation?
Contributory negligence, costs, interest, any amount not in dispute
If a case is likely to take more than a day the court is unlikely to allow it to be allocated to the small claims track. True or false?
True
How long can trials last on the fast track?
No longer than one day
How many pieces of expert evidence are allowed on the fast track?
No more than two expert fields and one expert per party per field of expertise
CPR 26.78 provides a list of 7 factors which the Court will have regard to when deciding track allocation in addition to the financial value of the claim. What are they?
- The nature of the remedy sought.
- The likely complexity of the facts, law or evidence
- The number of parties or likely number of parties
- The amount of oral evidence that may be required
- The importance to persons who are not parties to the proceedings
- The views expressed by the parties
- The circumstances of the praties
What will the Court do when there are substantial counterclaims, additional claims and cross claims?
The Court will not aggregate the sums claimed but will look at the value of the largest of the cross claims (PD26 7.7)
What is the main purpose of allocation in civil litigation?
A) To decide the outcome of the case
B) To manage the claims on different tracks in different ways
C) To determine the cost of the case
Answer: B) To manage the claims on different tracks in different ways
How many separate tracks can a claim be allocated to in the UK court system?
A) One
B) Two
C) Three
Answer: C) Three
What is the normal track for claims with a value of not more than £10,000?
A) Small claims track
B) Fast track
C) Multi-track
Answer: A) Small claims track
What is the normal track for claims up to £25,000 provided that the trial is likely to last no longer than one day?
A) Small claims track
B) Fast track
C) Multi-track
Answer: B) Fast track
What is the normal track for all other types of case that do not fall under the other two tracks?
A) Small claims track
B) Fast track
C) Multi-track
Answer: C) Multi-track
What is the principal criterion used by the court when deciding which track to allocate a case to?
A) The complexity of the case
B) The value of the claim
C) The number of parties involved
Answer: B) The value of the claim
Can a claim be allocated to a track other than the normal track?
A) Yes, but only in exceptional circumstances
B) No, the normal track must always be used
C) Yes, if there is a good reason to do so
Answer: C) Yes, if there is a good reason to do so
What is a DQ?
A) A document that outlines the claimant’s defence
B) A document that provides information about the case to help the court decide which track to allocate the claim to
C) A document that requests a stay in proceedings
Answer: B) A document that provides information about the case to help the court decide which track to allocate the claim to
What is disclosure?
A) The stage in proceedings where the parties will exchange documents
B) The stage in proceedings where the parties will disclose any witnesses they plan to call
C) The stage in proceedings where the parties will disclose any expert evidence they plan to rely on
Answer: A) The stage in proceedings where the parties will exchange documents
What is an allocation hearing?
A) A hearing to decide whether the case should be allocated to the normal track
B) A hearing to decide whether there is a good reason to allocate the case to a track other than the normal track
C) A hearing to decide the outcome of the case
Answer: B) A hearing to decide whether there is a good reason to allocate the case to a track other than the normal track
