Case management & disclosure of documents Flashcards
What is the small claims track?
Value
Type
Procedure
Financial value:
£10,000 or less (for road traffic cases, damages fro pain, suffering & loss of amenity aspect must not exceed 5,000)
Type:
Consumer disputes, dispute of ownership of goods, landlord tenant (not for possession), lower value personal injury
Procedure:
Usually non-represented, informal, no expert witnesses without permission from the court
Simplified directions
What is fast track?
Value
Type/ length
Procedure
Type: Only for cases not expected to exceed 1 day.
Value: Must fall on or between £10,000.01 - £25,000
Procedure: Standard directions
What is intermediate track?
Value
Type
Procedure/ length/ experts
Value: £25,000 - £100,000
Type: maximum of 3 parties
Procedure: maximum 2 experts for each party giving oral evidence, 3 day trial maximum, standard directions unless parties agree otherwise with proposals submitted at least 7 days prior to conference
What are the fast track complexity bands?
Band 1: defended debt claims, road traffic, non-personal injury
Band 2 & 3: road traffic accident & personal injury
Band 4: professional negligence, other complex claims
What are the intermediate track complexity bands?
Band 1: defended debt matters with only one issue in dispute, trial no longer than one day
Band 2 & 3: all claims where there is more than one issue in dispute (less complex band 2, more complex band 3)
Band 4: most complex claims with serious issues of fact and law, trial anticipated to take 3 days
What is multi track?
Value
Type
Procedure
Value: Over 100,000
Type: complex legal issues
Procedure: standard directions or a fix case management conference to give appropriate directions
How does a case management conference work CMC
- reviews the steps the parties have taken to prepare
- check their compliance with any directions the court has made
- consider and give directions on future steps
(can be further CMCs)
If the party has a legal representative they must attend, if someone inadequate attends the court may order to pay the other party’s cost for attending the meeting.
What is provisional allocation?
Initial track allocation is made by a court officer.
They provisionally decide which track appears most appropriate for the claim.
The court then serves notice on the parties requiring them to file and serve a directions questionnaire
What is a directions questionnaire?
The parties co-operate to complete it. Used to confirm the case track and complexity band and directions for case management.
What is considered when deciding which track?
Financial value is the most important factor.
Complexity facts & law
Remedy sought
Number of parties involved
Value of any counterclaim
Amount of oral evidence
What does standard disclosure require each party to disclose?
The documents on which they rely
The documents which:
adversely affect their own case
adversely affect another party’s case or
support another party’s case
