DR - allocation Flashcards
When considering which track to allocate a claim, what items are disregarded when considering the value of the claim?
- Interest
- Costs
- Any amount not in dispute
- Any contributory negligence
When will a case be allocated to the Small claims track?
- Value no more than £10,000
- Claims by tenant against landlord where the value of the claim is less than £1,000
- Special rules for Personal Injury.
What are the special rules for personal injury and the Small Claims track?
- Claim is no more than £10,000 AND:
1) if the damages for are valued at no more than £1,000:
- Road traffic claims before 31 May 2021, or
- the claimant was riding a motorcylce,
- claimant is a child or protected party, or
2) other RTC’s - the damages for PI are no more than £5,000
3) in any other PI claim, the damages for PI are valued at no more that £1,500.
When will a case be allocated to the Fast track?
- Normal track for claims up to £25,000, provided that:
a) one day trial,
AND
b) there will only be ORAL expert evidence from one expert per party in each of no more that 2 expert fields.
Note: there can be WRITTEN evidence from more specialists.
When will a case be allocated to the Mutli-track?
all claims that are not allocated to the small claims track or the fast-track.
What is the allocation process ?
a) Defence is filed,
b) Court sends out notice of proposed allocation
c) Parties file directions questionnaires (and proposed directions if fast-track/multi-track
d) Court will allocate claim to a track (after hearing if needed)
What happens if a stay is requested to consider settlement after direction questionnaire has been issued in the multi-track?
- If all parties agree, the claim will be stayed for 1 month
- If only party requests, the court can stay the claim if it considers it appropriate
What is included on the directions questionnaire?
a) Whether the parties have complied with the pre-action protocol 🫥
b) Whether they wish to stay to settle, 🤝
.
c) Disclosure - exchange list of docs 📕
d) Witnesses - name witnesses 🤠
e) Expert evidence - parties need court’s permission 🥼
.
f) Trial - estimate time needed⏱️
g) Costs - file a costs budget 💰(multi)
h) Directions 🛑
.
g) other matters:
- Which court the claim should be heard in, 👨⚖️
- Which track the case should be allocated to, 🛤️
- Whether interim applications have been made and whether any are planned, ‼️
- anything else the parties wish the judge to consider
When might a court allocate a case to track other than the normal track for the amount of the claim?
When considering:
a) The value of the claim 💰
e) The value of any counterclaim 🫵💰
b) The nature of the remedy sought 🎁
c) The likely complexity 🧠
d) The number of parties 🥳
f) The amount of oral evidence 😲
g) The importance of the claim to any persons who are not parties 👀
h) The views expressed by the parties 🤬
i) The circumstance of the parties 🎩