Outline procedure to Trial: claim form; opportunities for Alternative Dispute Resolution (ADR); case management; three tracks Flashcards
There are 9 steps to this, what would be the first before completing a claim form?
The claimant will send details of his claim to the defendant where they may reject the claim which then goes onto step two.
What is step two?
They will try for ADR, this can be negotiation, mediation or conciliation etc.
What is step three?
They will complete a N1 from ( claim form ) which has a limitation period and is normally a letter to the defendant.
What is step four?
The claimant will pay the fee if applicable, they wont have to if they have a low income or are unemployed (this can be before or after the accident)
What is step five?
A form will be sent onto the defendant with a response pack
What is step six?
The claimant will then choose where in the country they want it to be heard
What is step seven?
The defendant then has three options, to do nothing , admit for all or part of it or dispute it within 14 days.
What then happens after step seven if there is a lack of response?
The claimant can file for a default judgement and win the case (quantum)
What is step eight? (receives a response)
If a response is received, the court will send an allocation questionnaire which establishes the location, track and also timing of the track. these are both liability and quantum
What is step nine?
The procedural judge of the case will then set a track that is appropriate for the case.
What are the three possible tracks to be allocated on?
Small claims, multi or fast.
What is the small claims track
It consists of a small claims court in the county court and listens to cases with the money being claimed being £10,000 or less, £1,000 or less for P.I and heard by a district judge.
What is the fast track
It consists of the county court and listens to cases within £10,000 and £25,000, with P.I being between £1,000 and £25,000 while being heard by a circuit judge.
What is the multi track
It consists of the county or high court, county if between £25,000 and £50,000 which will be heard by a circuit judge or it could be over £50,000, heard in the high court and by a high court judge.
What are all the tracks governed.
Civil procedure Act 1997
