pre trial procedure of civil claim including 3 tracks Flashcards
what reformed the pre-trial procedure
The Civil Procedure Rule 1999
What happens before starting a claim
pre- action protocol will be followed
information and documents are exchanged and parties are encouraged to negotiate a settlement through ALTERNATIVE DISPUTE RESOLUTION(adr) such as mediation
what happens if settlement cannot be agreed
claimant may be advised to use Ministry of Justice’s Money Claim Online
claim begins by claimant filing at court a CLAIM FORM (N1) and paying a fee
What can the defendant do on the receipt of the claim form
admit the claim and pay the full amount
admit the claim and pay in instalments
dispute the claim by filing at court a DEFENCE ( N9)
file an acknowledgment of service which confirms they are aware of the claim but asks for time to file a defence
what is the next stage after filing the Claim Form (N1) and admitting or disputing the claim
will be allocated to one of 3 tracks after an allocation questionnaire had been completed by parties —> depending upon the amount being claimed or the complexity of the case
SMALL CLAIM TRACKS
deal with claims up to£10,000 or up to£1000 for personal injury (excluding road traffic accidents) or landlord and tenant cases
where are small claim tracks heard
heard in the county court by a district judge and can be heard by a circuit judge
there will be strict time limits and a restricted number of witnesses are allowed
parties are encouraged to to represent themselves without using lawyers
FAST TRACK
deals with cases between £10,000-£25,000 and over £1,500 for personal injury (excluding road traffic accidents) or landlord and tenant cases
where are fast claim tracks heard
in the county court by a district judge and can be heard by a circuit judge
there will be a strict time limit of one day and a restricted number of witnesses
legal representation is common
within how many weeks are fast track cases usually heard
within 30 weeks of allocation
MULTI TRACK
deal with cases of over £25,000 (or less if the case involves complex law)
where do fast claim tracks start and where can they be sent
cases usually start in county court before a circuit judge but are sent to the high court if they involve complex law or are over £100,000
who manages cases
the judge will actively manage the case and will set a timetable including:
what evidence must be disclosed
how many witnesses will be used
trial length
legal representation is common
