The 3 track system Flashcards
What at the 3 tracks?
Small claims track
Fast track
Multi track
What cases are heard in small claims court and which judge?
Up to £10 000 but housing and personal injury cases £1000
District judge
What are the 3 aspects of small claims courts?
1) Usually heard in private but can be in an ordinary court
2) People are encouraged to not use lawyers to save costs — can hire a lawyer but no legal fees can be claimed
3) District judges encouraged to be inquisitorial and given special training. Make sure every one understands the law
What cases are heard in the fast track and which judges?
Straightforward £10 000 — £25 000
District judge in open court - more formal
What are the 4 aspects of a fast track case?
1) Restriction of 1 expert witness
2) Trial should last 1 day
3) Very strict timetable to prevent time wasting and unnecessary costs
4) Aimed to be heard 30 weeks from pre trial but usually takes 50
What cases are heard in the Multi track and which judges?
Cases over £25 000 or lower but complex
£25 000 — £50 000 heard in county court but high court if complex
£50 000 + means high court
Circuit judge
What is the judges job in a Multi track case?
The judge has a managerial role and responsible for identifying early issues
Encourages ADR and sets a strict timetable to prevent costs.
Deals with procedural steps without parties needing to attend court