Pre Trial Procedure + 3 Tracks Flashcards
Name the statute that reformed the pre-trial procedure.
Civil Procedure Rules 1999
What happens before starting a claim?
A pre-action protocol is followed
What is a pre-action protocol?
This is where documents and information are exchanged and the parties are encouraged to negotiate a settlement through ADR.
What does ADR stand for?
Alternative Dispute Resolution
Give me examples of the different methods of ADR.
Negotiation, Mediation, Cocilation, Arbitration.
What happens if a settlement cannot be agreed?
The claimant may be advised to use the the Ministry of justice’s ‘Money Claim Online’.
How does the claim begin?
It begins by the claimant filing at court a Claim Form (N1) and paying a court fee.
How else can you name Claim Form and Defence?
N1 and N9
On reciept of the Claim Form, what can the defendant do?
The defendant can admit the claim and pay full amount or pay in instalments, or they can dispute the claim by filing at court a Defence (N9), or file and Acknowledgement of Service.
What does Acknowledgement of Service mean?
It confirms that they (the defendant) is aware of the claim but asks for time to file a defence.
What are the 3 tracks that the case can be allocated to?
The Small Claims Track, Fast Track, Multi Track
How is the case allocated to one of the 3 tracks?
By having the parties complete an allocation questionnaire, this will depend on the complexity of the case and/or the amount being claimed.
What do all these Tracks exclude for personal injury?
Road traffic accidents
What does the Small Claims Track deal with?
Claims up to £10,000, or up to £1,000 for personal injury, landlord or tenant cases.
Where are the Small Claim Track and Fast Track cases heard?
In the County Court by a District Judge and can be heard by a Circuit Judge.
Give me details about time limits, witnesses, and legal representaion in Small Claim Track cases.
There is a strict time limit, restricted number of witnesses allowed and the parties are encouraged to represent themselves without legal represenation.
What does Fast Track deal with?
It deals with acses of between £10,000 to £25,000, and over £1,500 for personal injury, landlord and tenant cases.
Give me details of the time limit, legal representation and witnesses for Fast Track cases.
There is a strict time limit of one day, and a restricted number of witnesses allowed and legal representation is common.
When are the Fast Track cases heard?
Within 30 weeks of allocation
What does the Mutli Track deal with?
Cases of over £25,000 (or less if the case involves complex law).
Where and by whom is the Mutli Track cases heard?
They usually start in the County Court before a Circuit Judge, but are sent to the High Court if the cases invloves complex law or is over £100,000 in value.
Give me details of what happens in a Mutli Track case?
The judge will actively manage the case and will set a strict time table including what evidence must be disclosed, how many witnesses will be used and trial length, legal representation is common.
