The Track System

Question 1

The information on the questionnaire dictates which of the three tracks the case will be allocated to.

Answer 1

Small claims track
Fast track
Multi track

Question 2

Small claims track

Answer 2

Hearts contract and tort cases worth up to £10,000- changed by the Jacksons reforms 2013.
and personal injury cases up to £1,000.
Strict time limit for cross examination of witnesses.
Heard by District Judge at County Court.
Informal and use of lawyers discouraged.

Question 3

Fast track

Answer 3

Hear claims from £10,000 to £25,000.
Strict timetable set- case should be heard within 30 weeks.
Trial to last one day and limited number of witnesses.
Heard by a District Judge in a County Court.

Question 4

Multi track

Answer 4

Heard claims over £25,000 or cases involving complex points.
Heard by a circuit judge in the County Court (or high court)
Judge will ‘case manage’, setting a strict timetable for matters such a disclosure of documents.
Parties may be encouraged to try one of the alternative methods of dispute resolution.

Question 5

There are three appellate courts in the English Legal System

Answer 5

The divisional courts of the High Court
The court of Appeal
Supreme Court

Question 6

Divisional Courts of the High Court

Answer 6

Has three divisions and all three divisions hear appeals from other courts as well as first instance cases.

Question 7

Queens Bench Division

Answer 7

Has two main appellate functions:
. To preside over applications for judicial review which are proceedings in which a judge reviews the lawfulness of a decision or action made by a public body.

. To hear appeals by way of case stated from criminal matters. Decided in the Magistrates Court

Question 8

Court of appeal (civil division)

Answer 8

Headed by the master of the Rolls and hears appeals from:

. Divisions of the High Court
. Some County Courts multi track cases
. Certain tribunals

In order to bring an appeal to this court, “permission”, leave, is needed and this can be granted by the court below of the Court of Appeal itself.

Question 9

Supreme Court

Answer 9

The Supreme Court is the final court of appeal in the English legal system and hears cases of public importance.
It hears cases from the:

Court of Appeal
Divisional Courts
High Court under the “leap frog” provisions

In order to bring an appeal to this court, “permission” (leave) is needed and this can be granted by the Supreme Court itself or the lower courts.

Question 10

Woolf reforms civil court

Answer 10

April 1999.
Parties and case management relationship has improved. Settlement before hearing -80% in some areas

Delays reduced between issuing claim and hearing.
h. Delay still a problem compared to ADR
Fast track 48 weeks
Small claims 29 weeks
Multi track years

Funding limit small cases and fast track and multi costly

Court remains very formal

Pre action protocols allocation questionnaires and case management conferences complex and time consuming

Fast track evidence limits

No increase in ADR