The Tracks Flashcards
The purpose of the small track
To provide quick and inexpensive procedure for the handling of low value, straightforward cases
Maximum length of a hearing in small track
One day
In SCT, directions will be given-
At allocation
Under r27.4(1), after allocation, the court may-
Give standard directions, give special directions, fix a preliminary hearing
Standard directions for SCT (para 2.2 PD 27)
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
If all parties consent, the preliminary hearing in SCT can be treated as-
The final hearing
Paper adjudication
Conducted in SCT if all parties agree and court deems it appropriate
A party who was not represented or present at the SCT hearing may-
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
Costs recoverable in SCT
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
Fast track
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
Maximum hearing length in FT
1 day
Expert limitations in FT
One expert per party and max two fields (so two per party in total)
Main features of fast track (6)
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
In FT, what kind of disclosure is usually ordered?
Standard disclosure by list
In FT, what kind of order is usually made when it comes to WSs?
Simultaneous exchange of all
Purpose of PTC
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
Bundles in FT
May be lodged by the claimant less than 7 but more than 3 days before trial
Which directions cannot be varied by agreement of the parties in FT?
Return of the DQ, return of the PTC, the trial/trial window (so anything that would result in variation of the trial period dates)
Will a failure to comply with directions normally lead to the postponement of the trial date?
No
On receipt of PTCs-
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
For summary assessment, what will the parties need to prepare for FT?
Statement of costs
Part 45
Deals with fixed trial costs in FT
Multi-track
Intended to provide a flexible procedure for the handling of the higher value and more complex claims
Who must attend a CMC?
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
Agenda for a CMC (8)
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
In MT, when CMC listed and a party wishes to obtain an order not routinely made and believes their application will be opposed-
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
In MT, the court will not give permission to use expert evidence unless-
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
A party who obtains expert evidence before obtaining a direction about it-
Does so at their own risk as to costs except where they obtained the evidence in compliance with a pre-action protocol
Rule 29.4
The parties must either submit agreed directions or their respective proposals to the court at least 7 days before any CMC
Standard MT directions (11)
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
Where a party fails to comply with a direction-
Any other party may apply without delay for an order that they must comply or for a sanction to be imposed or both
If no party files their PTC on time-
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
If only one party files their PTC on time-
The court may give such directions as it feels appropriate
An application for an extension of time should be made -
Well before the expiry of the deadline as otherwise it may become an application for relief from sanctions
Types of sanction (6)
Striking out; disallowing evidence; interest; payment into court; unless order; costs
If a party fails to comply with a CM direction, the sanction takes effect-
Unless the defaulting party applies for and obtains relief from sanction
In dealing with applications for relief from sanctions-
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)
Denton v T H White Ltd, Decadent Vapours Ltd v Beavan, Utilise TDS Ltd v Davies 2014
The court must identify the seriousness of the breach, consider why the breach occurred and evaluate the circumstances in the overriding objective
