Describe The Pre Trial Procedure Of A Civil Claim Including The 3 Tracks Flashcards
What reform was made to the pre-trial procedure?
The pre-trial procedure was reformed by the Civil Procedure Rules 1999.
What is the purpose of a pre-action protocol?
A pre-action protocol involves exchanging information and documents, encouraging parties to negotiate a settlement through Alternative Dispute Resolution (ADR) such as mediation.
What can a claimant do if a settlement cannot be agreed?
The claimant may be advised to use the Ministry of Justice’s ‘Money Claim Online’.
What is the first step in starting a claim?
The claim begins by the claimant filing a Claim Form (N1) at court and paying a court fee.
What options does a defendant have upon receiving a Claim Form?
The defendant can admit the claim and pay the full amount, admit the claim and pay in instalments, dispute the claim by filing a Defence (N9), or file an Acknowledgement of Service.
What is the purpose of the allocation questionnaire?
The case will be allocated to one of 3 tracks after an allocation questionnaire has been completed by the parties.
What claims does the Small Claims Track deal with?
The Small Claims Track deals with any claim up to £10,000, or up to £1,000 for personal injury (excluding road traffic accidents) or landlord and tenant cases.
Where are Small Claims Track cases heard?
Cases are heard in the County Court by a District Judge and can be heard by a Circuit Judge.
What are the characteristics of the Small Claims Track?
There are strict time limits, a restricted number of witnesses allowed, and parties are encouraged to represent themselves without using lawyers.
What claims does the Fast Track deal with?
The Fast Track deals with cases between £10,000 to £25,000, and over £1,500 for personal injury (excluding road traffic accidents) or landlord and tenant cases.
What are the characteristics of the Fast Track?
Cases are heard in the County Court by a District Judge and can be heard by a Circuit Judge, with a strict trial time limit of one day and a restricted number of witnesses. Legal representation is common.
How soon are Fast Track cases usually heard?
The case is usually heard within 30 weeks of allocation.
What claims does the Multi Track deal with?
The Multi Track deals with cases of over £25,000 (or less if the case involves complex law).
Where do Multi Track cases usually start?
Cases usually start in the County Court before a Circuit Judge, but are sent to the High Court if the case involves complex law or is over £100,000.
What is the role of the judge in the Multi Track?
The judge will actively manage the case and set a strict timetable including evidence disclosure, number of witnesses, and trial length. Legal representation is common.
