Case Management/Preparations for Trial Flashcards
What part of the CPR contains the court’s case management powers?
CPR Part 3
What part of the CPR deals with Allocation?
Part 26
What is the process of allocation?
- Court will provisionally allocate the track after the claimant has filed their defence.
- Notice of allocation is served on the parties.
- Parties are required to file a Directions Questionnaire to confirm their agreement to the track, or provide reasons why a different track may be used.
- Within four weeks of the last directions questionnaire being filed the court will confirm the track and assign the case to a complexity band.
- If necessary the court can request further information or hold an allocation hearing.
When is the Smalls Claims Track suitable for allocation?
Claim is worth less than £10,000
Only basic evidence is required.
Hearing time will be less than 1 hour.
Very limited fixed costs can be obtained.
What types of low value claims cannot be allocated to the small-claims track?
- Residential disrepair claims, where cost of repairs is more than £1,000
- PI clams for RTA where claimant is not a vehicle driver, and value of claim is more than a £1,000
- PI claims for RTA for protected parties/children, where there is whiplash, and value of claim is over £5,000
- PI claims for RTA, where there is whiplash injury and value of claim is over £5,000
- PI claims for RTA of over £1,000 where claimant is undischarged bankrupt, claimant/defendant is a personal representative, or defendant’s vehicle is registered outside of the UK.
When is the fast track suitable for allocation?
Claim valued between £10,000 to £25,000
Hearing time required is less than one day (five hours).
Oral expert evidence is limited to expert evidence in two fields, and one expert per party in relation to any expert field.
When is a case suitable for allocation to the Intermediate Track?
Claims between £25,000 and £100,000.
Hearing time required is no longer than three days.
Oral expert evidence is limited to two experts per party, and one expert per party in relation to any expert field.
When is a case suitable for allocation to the Multi-track?
High value claims above £100,000
Complex claims such as non-monetary claims, industrial disease, clinical negligence, child abuse/neglect, vulnerable adults or claim against police.
Where flexible approach and substantial witness evidence and hearing time may be required.
What part of CPR deals with the small claim track?
Part 27
What part of the CPR deals with the Fast track?
CPR Part 28
What part of the CPR deals with the Multi-track?
CPR Part 29
What are directions?
Decisions which govern the timings for actions and steps to be taken by the parties.
Non-compliance means a party is subject to sanctions.
Which Directions Questionnaire is used in the Fast/Multi Track?
Form N181 Directions Questionnaire.
What is the Directions Questionnaire?
Standard questionnaire which gives each party an opportunity to provide information to the court to help enable and assist the court to give directions and manage the case.
