The Track System Flashcards
How does someone issue a claim and how much does it cost?
Claimant must complete an N1 form which costs between 30-1700 pounds. Then the court allocates it to a track.
What amount does the small claims track cover. Who hears it and where. What is the approach? Who represents them.
Small track deals with under 10,000 or less than 1000 for PI.
Cases are heard in the county court by a district judge.
Judge takes an active role. Inquisitorial approach
Parties are encouraged to represent themselves.
What amount does the fast track cover. Who hears it and where. How long does the case take and how long is the hearing.
Fast track deals with 10,000 to 25,000 or 1,000 to 25,000 PI.
Heard in county court by a circuit judge.
Case is heard in 30 weeks and hearing is 1 day.
What amounts does the multi track track cover. Where is it heard and by who?
25,000- 50,000 are heard in county court by circuit judge.
More than 50,000 is heard in puisne judge in high court.
Where are appeals in small claims and fast reach heard?
Appeals in civil cases up to 25,000 are made to the next judge in the hierarchy.
Example: if the case was heard by a district judge in county court then the appeal I’m be to a circuit judge in the same county court.
According to section55 of the access to justice act 1999, what are the terms of appeal to a court of appeal?
1) the appeal would raise an important point of principle or practice.
2) there is some other compelling reason for the court of appeal to hear it.
Where are appeals from multi track heard?
Appeals from multi track are made to the court of appeal. There is a further appeal available to Supreme Court. This only applies if the case concernes a point of general public importance. Or if the court of appeal or supreme gives permission.
What is Leap frog?
This is a rare occurrence where appeals go directly from high court to Supreme Court under the administration of justice act 1999 . This only happens if it’s a concern of general public importance and if the Supreme Court gives approval.
What happend if a European law issue is in an appeal,
This means a case may be referred to the European court of justice under article 267 treaty of Rome. This referral can be made my any English court.
