The Tracks

Question 1

The purpose of the small track

Answer 1

To provide quick and inexpensive procedure for the handling of low value, straightforward cases

Question 2

Maximum length of a hearing in small track

Answer 2

One day

Question 3

In SCT, directions will be given-

Answer 3

At allocation

Question 4

Under r27.4(1), after allocation, the court may-

Answer 4

Give standard directions, give special directions, fix a preliminary hearing

Question 5

Standard directions for SCT (para 2.2 PD 27)

Answer 5

Requirement to exchange copies of documents, originals to be brought to the hearing, notice of date, time and time allowed for the hearing, encouragement for the parties to communicate with each other, no expert permitted

Question 6

If all parties consent, the preliminary hearing in SCT can be treated as-

Answer 6

The final hearing

Question 7

Paper adjudication

Answer 7

Conducted in SCT if all parties agree and court deems it appropriate

Question 8

A party who was not represented or present at the SCT hearing may-

Answer 8

Apply for an order that the judgment be set aside within 14 days of service of judgment only if they had a good reason for not attending and have a reasonable prospect of success at the hearing

Question 9

Costs recoverable in SCT

Answer 9

Fixed costs (£100 for sols plus court fees), travel expenses, loss of earnings/leave for hearing (up to £95), experts’ fees, further costs summarily assessed against an unreasonable party

Question 10

Fast track

Answer 10

Provides a swift and economical way of dealing with claims that cannot be described as small but which do not justify using the full might of the court’s powers

Question 11

Maximum hearing length in FT

Answer 11

1 day

Question 12

Expert limitations in FT

Answer 12

One expert per party and max two fields (so two per party in total)

Question 13

Main features of fast track (6)

Answer 13

Standard directions, limited period between allocation and start of trial, max 1 day of trial, 21 days’ notice of the date fixed for trial, no oral expert evidence, fixed costs allowed for the actual trial

Question 14

In FT, what kind of disclosure is usually ordered?

Answer 14

Standard disclosure by list

Question 15

In FT, what kind of order is usually made when it comes to WSs?

Answer 15

Simultaneous exchange of all

Question 16

Purpose of PTC

Answer 16

It enables the court to decide if the claim is ready for trial or whether any further steps need to be taken to get it ready

Question 17

Bundles in FT

Answer 17

May be lodged by the claimant less than 7 but more than 3 days before trial

Question 18

Which directions cannot be varied by agreement of the parties in FT?

Answer 18

Return of the DQ, return of the PTC, the trial/trial window (so anything that would result in variation of the trial period dates)

Question 19

Will a failure to comply with directions normally lead to the postponement of the trial date?

Answer 19

No

Question 20

On receipt of PTCs-

Answer 20

The court file will be given to a DJ who will fix the trial date, give any directions for the trial and specify any further steps that need to be taken before the trial

Question 21

For summary assessment, what will the parties need to prepare for FT?

Answer 21

Statement of costs

Question 22

Part 45

Answer 22

Deals with fixed trial costs in FT

Question 23

Multi-track

Answer 23

Intended to provide a flexible procedure for the handling of the higher value and more complex claims

Question 24

Who must attend a CMC?

Answer 24

A legal representative who is familiar with the case and who has sufficient knowledge of the case and authority to deal with any issues that are likely to arise

Question 25

Agenda for a CMC (8)

Answer 25

If claimant made their case sufficiently clear; if amendments required to any statements of case; disclosure; expert evidence; factual evidence; clarification; split trial; costs management orders

Question 26

In MT, when CMC listed and a party wishes to obtain an order not routinely made and believes their application will be opposed-

Answer 26

They should issue and serve the application in time for it to be heard at the CMC and if time for CMC not sufficient they should inform the court asap so that a fresh date can be fixed

Question 27

In MT, the court will not give permission to use expert evidence unless-

Answer 27

It can identify each expert by name or field in its order and say whether their evidence is to be given orally or using their report

Question 28

A party who obtains expert evidence before obtaining a direction about it-

Answer 28

Does so at their own risk as to costs except where they obtained the evidence in compliance with a pre-action protocol

Question 29

Rule 29.4

Answer 29

The parties must either submit agreed directions or their respective proposals to the court at least 7 days before any CMC

Question 30

Standard MT directions (11)

Answer 30

Allocation and docketing; ADR; stay for settlement; amendment of case; preliminary issues; clarification of cases; disclosure; witness evidence; expert witnesses; pre-trial directions and trial; costs budgeting

Question 31

Where a party fails to comply with a direction-

Answer 31

Any other party may apply without delay for an order that they must comply or for a sanction to be imposed or both

Question 32

If no party files their PTC on time-

Answer 32

The court gives an additional 7 days and if that isn’t complied with, the claim and defence and any counterclaim will be struck out

Question 33

If only one party files their PTC on time-

Answer 33

The court may give such directions as it feels appropriate

Question 34

An application for an extension of time should be made -

Answer 34

Well before the expiry of the deadline as otherwise it may become an application for relief from sanctions

Question 35

Types of sanction (6)

Answer 35

Striking out; disallowing evidence; interest; payment into court; unless order; costs

Question 36

If a party fails to comply with a CM direction, the sanction takes effect-

Answer 36

Unless the defaulting party applies for and obtains relief from sanction

Question 37

In dealing with applications for relief from sanctions-

Answer 37

The court will consider all the circumstances of the case so as to enable it to deal justly with the application (including the need for litigation to be conducted effectively and at a proportionate cost and to enforce compliance with rules, PDs and orders)

Question 38

Denton v T H White Ltd, Decadent Vapours Ltd v Beavan, Utilise TDS Ltd v Davies 2014

Answer 38

The court must identify the seriousness of the breach, consider why the breach occurred and evaluate the circumstances in the overriding objective