Case Management Flashcards
When deciding which track to allocate a case to in the County Court, the court ignores sums not in _____
dispute
What is the monetary limit in the small claims track for:
- Personal injury (non-road traffic)
- Road traffic personal injuries
- All other claims
- £1,500
- £5,000
- £10,000
The £5,000 limit in the small claims track does not apply where the claimant is a ____ or a protected party and it applies only to pain, suffering, and ___ __ ______.
child, loss of amenity
What are 4 features of a small claims track hearing?
(clue: think about formality, experts, evidence, and costs)
- Informal hearing in public
- Generally no experts
- No formal rules of evidence
- Often no adverse cost award to a losing party.
Can parties consent to using the small claims track even if the claim exceeds £10,000? If so, when?
Yes - with the approval of the court
What three costs are recoverable in the small claims track?
- Fixed costs
- Reasonable expenses in attending
- Expert fees
What is the maximum amount of expert fees recoverable in the small claims track?
£750
What are the requirements a party must meet when they apply to set aside a decision made in the small claims track? (4 requirements)
- Party was not in attendance at the hearing
- Application made within 14 days of decision
- P has good reason for not attending
- Their claim/defence has a reasonable prospect of success
What is the monetary window for fast track claims?
£10,000 - £25,000
How many weeks within allocation must trial at the fast track take place?
30 weeks
A fast track trial is not expected to last more than how many days?
1 day
What form of evidence makes up most of fast track cases?
Written evidence
For fast track cases, oral expert evidence will be limited to _ per party in relation to any expert field and in no more than _ expert fields
1, 2
In the fast track, parties are required to submit ____ ______ ahead of the hearing
costs schedules
What is the monetary window for multi-track cases?
£25,000 - £100,000
A personal injury multi-track case with a claim of more than what amount can be heard in the High Court?
£50,000
A case can be allocated to the multi-track if it concerns a _______ matter and is expected to last more than _ ___
complex, 1 day
It’s important to remember that the County Court has _________ _________ jurisdiction
unlimited financial
What 3 factors will the court consider when deciding the track for a claim?
- Financial value of the claim
- Nature of the remedy sought
- Likely complexity of the facts, law, or evidence
What is a directions questionnaire (DQ)?
A questionnaire the court will send out to the parties, including:
- Asking for estimates of trial length
- Whether the parties complied with the pre-action protocol
- Whether experts will be required
What do the courts send alongside the DQ and in which tracks?
Notice of Allocation, fast or multi-track
How many days do parties have to return a DQ?
28 days
What are 2 features of a small claims direction?
(clue: think about document exchange and whether use of experts are permitted)
- Documents are to be exchanged 14 days before the hearing
- No expert is to be used without court permission
What are the timelines of fast track directions in relation to:
1. Disclosure
2. Witness statements
3. Expert reports
4. Pre-trial checklists
5. Trial itself
- Disclosure to take place within 4 weeks
- Witness statements exchanged within 10 weeks
- Expert reports exchanged within 14 weeks
- Pre-trial checklists sent out at 20 weeks and returned at 22 weeks
- Trial at 30 weeks
