CPR 26

Question 1

If a Defendant files a defence, what happens next?

Answer 1

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

Question 2

When parties receive a notice of proposed allocation, what must they do?

Answer 2

Complete directions questionnaires and serve copies on all other parties

Question 3

What will the Court do if parties are unrepresented?

Answer 3

The Court will serve all unrepresented parties with the appropriate directions questionaire

Question 4

What should the parties do when completing directions questionnaires?

Answer 4

Consult with eachother and cooperate in completing the questionnaire and try to agree case management decisions (PD26 2.3)

Question 5

How will parties know what the date for filing a directions questionnaire will be?

Answer 5

It will be specified in the notice of proposed allocation

Question 6

What will happen if a party fails to complete a directions questionnaire?

Answer 6

The Court will serve further notice on the party and then may strike out their statement of case and/or enter judgment

Question 7

What is the limit of the small claims track in non personal injury cases?

Answer 7

£10,000

Question 8

What is the upper limit of the fast track?

Answer 8

£25,000

Question 9

What 4 things will the Court not take into account when deciding the monetary value of a claim for the purposes of track allocation?

Answer 9

Contributory negligence, costs, interest, any amount not in dispute

Question 10

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?

Answer 10

True

Question 11

How long can trials last on the fast track?

Answer 11

No longer than one day

Question 12

How many pieces of expert evidence are allowed on the fast track?

Answer 12

No more than two expert fields and one expert per party per field of expertise

Question 13

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?

Answer 13

1. The nature of the remedy sought.
2. The likely complexity of the facts, law or evidence
3. The number of parties or likely number of parties
4. The amount of oral evidence that may be required
5. The importance to persons who are not parties to the proceedings
6. The views expressed by the parties
7. The circumstances of the praties

Question 14

What will the Court do when there are substantial counterclaims, additional claims and cross claims?

Answer 14

The Court will not aggregate the sums claimed but will look at the value of the largest of the cross claims (PD26 7.7)